Article 165-175 Uganda Constitution 1995
Article 165-175 Uganda Constitution 1995
Article 165, 166, 167, 168, 169, 170, 171, 172, 173, 173A, 174, and 175 of the Uganda Constitution 1995 are under Chapter 10 of the Constitution. Chapter 10 is titled ‘The Public Service‘.
Article 165 Uganda Constitution 1995
Public Service Commission
(1) There shall be a Public Service Commission.
(2) The commission shall consist of a chairperson, a deputy chairperson and seven other members appointed by the President with the approval of Parliament.
(3) A person is not qualified to be appointed a member of the commission unless he or she is of high moral character and proven integrity.
(4) A person holding any of the following offices shall relinquish his or her position in that office on appointment as a member of the commission—
(a) a member of Parliament;
(b) a member of a local government council;
(c) a member of the executive of a political party or political organisation; or
(d) a public officer.
(5) A member of the commission shall hold office for a term of four years but is eligible for reappointment; except that of the first members appointed under this Constitution, four shall be appointed to hold office for three years which shall be specified in the instruments of appointment.
(6) The emoluments of the members of the commission shall be prescribed by Parliament and shall be charged on the Consolidated Fund.
(7) In the absence of both the chairperson and the deputy chairperson, the President may designate one of the members to act as chairperson.
(8) A member of the commission may be removed from office by the President only for—
(a) inability to perform the functions of his or her office arising from infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence.
Article 166 Uganda Constitution 1995
Functions of the Public Service Commission
(1) Except as otherwise provided in this Constitution, the functions of the Public Service Commission include—
(a) to advise the President in performing his or her functions under article 172 of this Constitution;
(b) to appoint, promote and exercise disciplinary control over persons holding office in the public service of Uganda as provided in article 172 of this Constitution;
(c) to review the terms and conditions of service, standing orders, training and qualifications of public officers and matters connected with personnel management and development of the public service and make recommendations on them to the
Government;
(d) to guide and coordinate district service commissions;
(e) to hear and determine grievances from persons appointed by district service commissions; and
(f) to perform such other functions as may be prescribed by this Constitution or any other law.
(2) In the exercise of its functions, the Public Service Commission shall be independent and shall not be subject to the direction or control of any person or authority; except that it shall take into account government policy relating to the public service.
(3) The commission shall make a report to Parliament in respect of each year, on the performance of its functions.
(4) Parliament shall, by law, empower the Public Service Commission to make regulations for the effective and efficient performance of its functions under this Constitution or any other law.
Article 167 Uganda Constitution 1995
Education Service Commission
(1) There shall be an Education Service Commission.
(2) The commission shall consist of a chairperson and six other members appointed by the President with the approval of Parliament.
(3) The President shall appoint not more than two members of the commission as deputy chairpersons of the commission.
(4) A person is not qualified to be a member of the commission unless he or she is of high moral character and proven integrity and has substantial experience in the field of education.
(5) A person holding any of the following offices shall relinquish his or her position in that office on appointment as a member of the commission—
(a) a member of Parliament;
(b) a member of a local government council;
(c) a member of the executive of a political party or political organisation;
(d) a member of any board or other authority responsible for the management of any school or college; or
(e) a public officer.
(6) A member of the Education Service Commission shall hold office for four years but is eligible for reappointment; except that of the first members appointed under this Constitution, three shall be appointed to hold office for three years which shall be specified in the instruments of appointment.
(7) The emoluments of members of the commission shall be prescribed by Parliament and shall be charged on the Consolidated Fund.
(8) In the absence of both the chairperson and deputy chairpersons, the President may designate one of the members to act as chairperson.
(9) A member of the commission may be removed from office by the President only for—
(a) inability to perform the functions of his or her office arising from infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence.
Article 168 Uganda Constitution 1995
Functions of the Education Service Commission
(1) Subject to the provisions of this Constitution, the Education Service Commission shall—
(a) advise the President in performing, in relation to the education service, his or her functions under article 172 of this Constitution;
(b) have power to appoint persons to hold or act in any office in the education service, including the power to confirm such appointments, to exercise disciplinary control over those persons and to remove them from office;
(c) review the terms and conditions of service, standing orders, training and qualifications of public officers in the education service and matters connected with their management and welfare and make recommendations on them to the Government;
(d) perform such other functions as may be prescribed by this Constitution or any other law.
(2) In the exercise of its functions, the commission shall be independent and shall not be subject to the direction or control of any person or authority; except that it shall take into account government policy relating to education.
(3) The commission may, by writing, delegate any of its functions to a district service commission or any other authority or officer.
(4) The commission shall make a report to Parliament in respect of each year, on the performance of its functions.
(5) Subject to the provisions of this article, Parliament shall by law regulate the functions of the commission and prescribe the categories of public officers to constitute the education service.
Article 169 Uganda Constitution 1995
Health Service Commission
(1) There shall be a Health Service Commission.
(2) The commission shall consist of a chairperson and six other members at least three of whom shall be persons who have substantial experience in health science, all of whom shall be appointed by the President with the approval of Parliament.
(3) The President shall appoint one member of the commission as deputy chairperson of the commission.
(4) A person is not qualified to be a member of the commission unless he or she is of high moral character and proven integrity.
(5) A person holding any of the following offices shall relinquish his or her office on appointment as a member of the commission—
(a) a member of Parliament;
(b) a member of a local government council;
(c) a member of the executive of a political party or political organisation;
(d) a member of any board or other authority responsible for the management of any Government hospital or similar Government establishment; or
(e) a public officer.
(6) A member of the commission shall hold office for four years but is eligible for reappointment; except that of the first members appointed under this Constitution, three shall be appointed to hold office for three years which shall be specified in the instruments of appointment.
(7) The emoluments of members of the commission shall be prescribed by Parliament and shall be charged on the Consolidated Fund.
(8) In the absence of both the chairperson and the deputy chairperson, the President may designate one of the members to act as chairperson.
(9) A member of the commission may be removed from office by the President only for—
(a) inability to perform the functions of his or her office arising from infirmity of body or mind;
(b) misbehaviour or misconduct; or
(c) incompetence.
Article 170 Uganda Constitution 1995
Functions of the Health Service Commission
(1) Subject to the provisions of this Constitution, the Health Service Commission shall—
(a) advise the President in performing, in relation to the health service, his or her functions under article 172 of this Constitution;
(b) have power to appoint persons to hold or act in any office in the health service, including the power to confirm such appointments, to exercise disciplinary control over those persons and to remove them from office;
(c) review the terms and conditions of service, standing orders, training and qualifications of members of the health service and matters connected with their management and welfare and make recommendations on them to the Government;
(d) perform such other functions as may be prescribed by this Constitution or any other law.
(2) In the exercise of its functions, the Commission shall be independent and shall not be subject to the direction or control of any person or authority; except that it shall take into account government policy relating to health.
(3) The commission may, by writing, delegate any of its functions to a district service commission or any other authority or officer.
(4) The commission shall make a report to Parliament in respect of each year on the performance of its functions.
(5) Subject to the provisions of this article, Parliament shall, by law regulate the functions of the commission and prescribe the categories of public officers to constitute the health service.
Article 171 Uganda Constitution 1995
Establishment of offices
Subject to the provisions of this Constitution and any Act of Parliament, the President may, after consultation with the appropriate service commission, establish offices in the public service of the Government of Uganda.
Article 172 Uganda Constitution 1995
Appointment of public officers
(1) Subject to the provisions of this Constitution—
(a) the President may, acting in accordance with the advice of the Public Service Commission, the Education Service Commission or the Health Service Commission, as the case may be, appoint persons to hold or act in any office in the public service of Uganda of the rank of head of department or above other than those referred to in article 200 of this Constitution, including confirmation of appointments, the exercise of disciplinary control over such persons and their removal from office;
(b) the Public Service Commission, the Education Service Commission or the Health Service Commission, as the case may be, may appoint persons to hold or act in any office in the public service of Uganda other than those referred to in paragraph (a) of this clause and in article 200 of this Constitution, including the confirmation of their appointments and the exercise of disciplinary control over such persons and their removal from office.
(2) Except with the consent of the President, no person shall be appointed under this article to act in any office on the personal staff of the President.
(3) Subject to the provisions of this Constitution, the President may delegate any of his or her powers under this article by directions in writing, to any service commission or to any other authority or public officer as may be prescribed by Parliament and may, in like manner, revoke the delegation.
Article 173 Uganda Constitution 1995
Protection of public officers
A public officer shall not be—
(a) victimised or discriminated against for having performed his or her duties faithfully in accordance with this Constitution; or
(b) dismissed or removed from office or reduced in rank or otherwise punished without just cause.
Article 173A Uganda Constitution 1995
Head of the Public Service
1. There shall be a Head of the Public Service who shall be appointed by the
President acting on the advice of the Public Service Commission.
2. The functions of the Head of the Public Service are as follows-
a. tendering advice to the President on matters relating to the Public Service;
b. coordination of the activities of Permanent Secretaries;
c. supervision of the work of Permanent Secretaries;
d. serving as a link between the Executive and the Public Service;
e. serving as a link between Service Commissions;
f. ensuring the implementation of Cabinet and other Government decisions;
and
g. any other duties assigned to him or her from time to time by the President.
Article 174 Uganda Constitution 1995
Permanent Secretaries
(1) Subject to the provisions of this Constitution, a Ministry or department of the Government of Uganda shall be under the supervision of a Permanent Secretary whose office shall be a public office.
(2) A Permanent Secretary shall be appointed by the President acting in accordance with the advice of the Public Service Commission.
(3) The functions of a Permanent Secretary under this article include—
(a) organisation and operation of the department or Ministry;
(b) tendering advice to the responsible Minister in respect of the business of the department or Ministry;
(c) implementation of the policies of the Government of Uganda;
(d) subject to article 164 of this Constitution, responsibility for the proper expenditure of public funds by or in connection with the department or Ministry.
Article 175 Uganda Constitution 1995
Interpretation
In this Chapter, unless the context otherwise requires—
(a) “public officer” means any person holding or acting in an office in the public service;
(b) “public service” means service in any civil capacity of the Government the emoluments for which are payable directly from the Consolidated Fund or directly out of monies provided by Parliament.