Article 173. Values and principles of public service
The guiding values and principles of the public service include the following—
maintenance and promotion of the highest standards of professional ethics and integrity;
promotion of efficient, effective and economic use of national resources;
effective, impartial, fair and equitable provision of public services;
encouragement of people to participate in the process of policy making;
prompt, efficient and timely response to people’s needs;
commitment to the implementation of public policy and programmes;
accountability for administrative acts;
proactively providing the public with timely, accessible and accurate information;
merit as the basis of appointment and promotion;
adequate and equal opportunities for appointments, training and advancement of members of both gender and members of all ethnic groups; and
representation of persons with disabilities in the composition of the public service at all levels.
The values and principles specified in clause (1) apply to service—
at national, provincial and local government levels; and
to all State organs and State institutions.
A public officer shall not be—
victimised or discriminated against for having performed functions in good faith in accordance with this Constitution or other law; or
removed from office, reduced in rank or otherwise punished without just cause and due process.
Constituting Offices for Public Service
Article 174. Constituting offices for public service
Subject to the recommendations of the relevant Service Commission, the power to constitute offices for the public service and to abolish those offices vests in the President.
The President shall not abolish an office in the public service while there is a substantive holder of the office.
The President may, by statutory instrument, declare that an office constituted by the President shall not be an office in the public service.
Appointment to an office declared by the President not to be an office in the public service shall be made by the President.
Article 175. Holding of office in public service
For the purposes of this Constitution, a person shall not be considered as holding an office in the public service by reason only that the person is in receipt of emoluments in respect of service under or for the Government.
Constitutional Office Holders
Article 176. Secretary to Cabinet
There shall be a Secretary to the Cabinet who shall be appointed by the President, in consultation with the Civil Service Commission, subject to ratification by the National Assembly.
The Secretary to the Cabinet shall—
be chief advisor to the President on the management of the public service;
be the head of the public service and responsible to the President for securing the general efficiency and effectiveness of the public service;
ensure that public services are delivered to the public efficiently;
in accordance with instructions of the President—
arrange the affairs of Cabinet;
attend meetings of Cabinet;
cause to be written and kept minutes of meetings of Cabinet; and
convey decisions made by Cabinet to appropriate authorities;
monitor the implementation of Government policies and Cabinet decisions; and
perform other functions as prescribed.
A person qualifies to be appointed as Secretary to the Cabinet if that person has or had at least ten years experience as a permanent secretary or equivalent rank.
The term of office of the Secretary to the Cabinet shall be five years, subject to renewal for further terms.
The Secretary to the Cabinet may resign from office by giving three months’ notice, in writing, to the President.
Article 177. Attorney-General
There shall be an Attorney-General, who shall be appointed by the President, subject to ratification by the National Assembly.
The Attorney-General shall not hold another public office.
The Attorney-General shall be a person qualified to be appointed as a judge.
The Attorney-General shall not be subject to the direction or control of a person or an authority in the performance of the Attorney-General’s functions.
The Attorney-General is the chief legal adviser to the Government and shall—
be head of the Attorney-General’s Chambers;
sign Government Bills to be presented to the National Assembly;
represent the Government in civil proceedings to which Government is a party;
give advice on an agreement, treaty or convention to which Government intends to become a party or in respect of which the Government has an interest before they are concluded, except where the National Assembly otherwise directs, and subject to conditions as prescribed; and
perform other functions, as prescribed.
The Attorney-General’s Chambers shall be devolved to the Provinces and progressively to districts.
Article 178. Vacancy in office of Attorney-General
The office of the Attorney-General becomes vacant if—
the Attorney-General is removed from office by the President;
another person assumes the office of President;
the Attorney-General dies; or
the Attorney-General has a mental or physical disability that makes the Attorney-General incapable of performing the functions of that office.
The Attorney-General may resign from office by giving three months’ notice, in writing, to the President.
Article 179. Solicitor-General
There shall be a Solicitor-General who shall be appointed by the President, subject to ratification by the National Assembly.
A person qualifies for appointment as Solicitor-General if that person is qualified for appointment as a judge.
The Solicitor-General shall not hold another public office.
The office of Solicitor-General becomes vacant if—
the Solicitor-General is removed from office by the President;
another person assumes the office of President;
the Solicitor-General dies; or
the Solicitor-General has a mental or physical disability that makes the Solicitor-General incapable of performing the functions of that office.
The Solicitor-General shall assist the Attorney-General in the performance of the Attorney- General’s functions.
A function conferred on the Attorney-General by this Constitution or other law shall be performed by the Solicitor-General when the Attorney-General is unable to act owing to illness or absence from office for a reason.
The Solicitor-General may resign from office by giving three months’ notice, in writing, to the President.
Article 180. Director of Public Prosecutions
There shall be a Director of Public Prosecutions who shall be appointed by the President, subject to ratification by the National Assembly.
A person qualifies for appointment as Director of Public Prosecutions if that person—
has experience in undertaking criminal trials; and
is qualified to be appointed as a judge.
The Director of Public Prosecutions is the chief prosecutor for the Government and head of the National Prosecutions Authority.
The Director of Public Prosecutions may—
institute and undertake criminal proceedings against a person before a court, other than a court-martial, for an offence alleged to have been committed by that person;
take over and continue criminal proceedings instituted or undertaken by another person or authority; and
discontinue, at any stage before judgment is delivered, criminal proceedings instituted or undertaken by the Director of Public Prosecutions or another person or authority.
For the purposes of clause (4), an appeal from a judgment, a case stated or to a question of law reserved shall be part of the criminal proceedings.
The power conferred on the Director of Public Prosecutions under clause (4)(c) shall not be exercised in relation to an appeal by a convicted person, a case stated or a question of law reserved at the instance of that person.
The Director of Public Prosecutions shall not be subject to the direction or control of a person or an authority in the performance of the functions of that office, except that the Director of Public Prosecutions shall have regard to the public interest, administration of justice, the integrity of the judicial system and the need to prevent and avoid abuse of the legal process.
The functions of the Director of Public Prosecutions may be exercised in person or by a public officer or legal practitioner, authorised by the Director of Public Prosecutions, acting under the general or special instructions of the Director of Public Prosecutions.
The National Prosecutions Authority shall be established as prescribed and shall devolve to the provinces and progressively to the districts.
Article 181. Performance of functions of Director of Public Prosecutions during absence, illness or other cause
Where the Director of Public Prosecutions is absent from Zambia or is unable to perform the functions of office due to illness or other cause, the President shall appoint a person qualified to perform the functions of Director of Public Prosecutions to perform those functions until that appointment is revoked or until the Director of Public Prosecutions returns to office.
Article 182. Tenure of office of Director of Public Prosecutions
Subject to this Article, the Director of Public Prosecutions shall retire from office on attaining the age of sixty years.
The Director of Public Prosecutions may retire, with full benefits, on attaining the age of fifty-five years.
The Director of Public Prosecutions may be removed from office on the same grounds and procedure as apply to a judge.
The Director of Public Prosecutions may resign from office by three months’ notice, in writing, to the President.
Article 183. Secretary to Treasury
There shall be a Secretary to the Treasury who shall be appointed by the President, in consultation with the Civil Service Commission, subject to ratification by the National Assembly.
The Secretary to the Treasury shall be the chief controlling officer of the Government.
The Secretary to the Treasury shall—
be responsible and accountable for—
the proper financial management and expenditure of public monies appropriated to a State organ, Province, local authority, State institution or other prescribed body; and
monies raised from sources within or outside Zambia by a Province, local authority, State institution or other prescribed body;
oversee the formulation and implementation of the macro-economic frameworks and socio-economic plans of the Republic;
provide a regulatory framework for sound financial management;
cause to be prepared annual estimates of revenue and expenditure, supplementary estimates of expenditure and the budget; and
carry out other prescribed functions.
A person qualifies to be appointed as Secretary to the Treasury if that person qualifies for appointment as Governor of the Bank of Zambia.
The term of office of the Secretary to the Treasury shall be five years, subject to renewal for further terms.
The Secretary to the Treasury may resign from office by three months’ notice, in writing, to the President.
Article 184. Permanent Secretaries
The President shall, on the advice of the Civil Service Commission, appoint a Permanent Secretary for a Province, ministry or department.
A Permanent Secretary shall—
carry out or cause to be carried out the portfolio functions of the provincial administration, ministry or department;
advise the Minister or provincial Minister with respect to the activities, projects and programmes of the Province, ministry or department;
cause to be implemented the policies of the Government and decisions of Cabinet;
be responsible and accountable for the proper financial management and expenditure of public monies appropriated to the Province, ministry or department; and
be responsible and accountable for the management of human resources in the provincial secretariat, ministry or department.
Public Officers
Article 185. Appointment of public officers
The President has, in accordance with and subject to the other provisions of this Constitution, the power to—
appoint and confirm public officers;
exercise disciplinary control over public officers; and
terminate the employment of a public officer.
The President’s functions, as specified in clause (1), shall be exercised by the relevant Service Commission as specified in this Constitution and as prescribed.
A person shall not be regarded as disqualified for appointment to an office to which a public officer is qualified to be appointed by reason only that the office is held by a person who is on leave of absence pending relinquishment of that office.
A function of a service commission may be delegated to a public officer, as prescribed.
Article 186. Participation in politics
A public officer who seeks election, or is appointed, to a State office shall resign.
Clause (1) applies to a Constitutional office holder.
Please check out our other thought-provoking articles if you did like this one:
