This is the version of this Act as it was from 28 December 2018 to 8 February 2021. Read the latest available version.
Related documents
Public Service Act, 1995
Act 13 of 1995
- Published in Government Gazette 1121 on 7 August 1995
- Assented to on 24 July 1995
- Commenced on 1 November 1995 by Commencement of the Public Service Act, 1995
- [This is the version of this document as it was from 28 December 2018 to 8 February 2021.]
- [Amended by Amendment of Schedule 2 to the Public Service Act, 1995 (Proclamation 3 of 1997) on 15 February 1997]
- [Amended by Namibia Central Intelligence Service Act, 1997 (Act 10 of 1997) on 5 June 1998]
- [Amended by Amendment of Schedule 1 to the Public Service Act, 1995 (Proclamation 19 of 1999) on 22 April 1999]
- [Amended by Public Service Amendment Act, 1998 (Act 33 of 1998) on 2 August 1999]
- [Amended by Amendment of Schedule 2 to the Public Service Act, 1995 (Proclamation 9 of 2000) on 7 July 2000]
- [Amended by Amendment of Schedules 1 and 3 to the Public Service Act, 1995 (Proclamation 4 of 2001) on 30 March 2001]
- [Amended by Anti-Corruption Act, 2003 (Act 8 of 2003) on 15 April 2005]
- [Amended by Amendment of Schedules 1 and 2 to the Public Service Act, 1995 (Proclamation 5 of 2005) on 24 May 2005]
- [Amended by Amendment of Schedule 2 to the Public Service Act, 1995 (Proclamation 10 of 2009) on 1 September 2009]
- [Amended by Public Service Amendment Act, 2012 (Act 6 of 2012) on 25 June 2012]
- [Amended by Correctional Service Act, 2012 (Act 9 of 2012) on 1 January 2014]
- [Amended by Electoral Act, 2014 (Act 5 of 2014) on 17 October 2014]
- [Amended by Amendment of Schedules 1 and 2 to Public Service Act, 1995 (Proclamation 35 of 2015) on 4 November 2015]
- [Amended by Amendment of Schedule 1, 2 and 3 to Public Service Act, 1995 (Proclamation 17 of 2017) on 21 August 2017]
- [Amended by Public Service Amendment Act, 2018 (Act 18 of 2018) on 28 December 2018]
INTRODUCTORY PROVISIONS
1. Definitions
Part I – ESTABLISHMENT AND MANAGEMENT OF PUBLIC SERVICE
2. Establishment of Public Service
There shall be a Public Service for the Republic of Namibia which shall be impartial and professional in its effective and efficient service to the Government in policy formulation and evaluation and in the prompt execution of Government policy and directives so as to serve the people of the Republic of Namibia and promote their welfare and lawful interests.3. Offices, ministries and agencies of Public Service
4. Composition of Public Service
The Public Service shall consist of all such persons as may be employed permanently or temporarily on a full-time or part-time basis or under a special contract or under any contract of employment contemplated in section 34(1)(a) -5. Functions of Prime Minister
6. Power of Prime Minister to inquire into the efficient functioning of offices, ministries and agencies and the efficiency of staff members
7. Delegation of powers and assignment of duties of Prime Minister
8. Approval of matters by Prime Minister
9. Rejection or variation of Commission recommendations or advice
After consultation with the Commission -10. Function of Secretary to the Cabinet
The Secretary to the Cabinet shall -11. Function of executive directors
Notwithstanding any other powers conferred or duties imposed upon an executive director by or under this Act or any other law, he or she shall, subject to the control and directions of the President, the Prime Minister or the Minister concerned, as the case may be -12. Delegation of powers and assignment of duties of executive directors
Part II – PERSONNEL ADMINISTRATION
13. Remuneration of staff members and members of the services
14. Reduction of salary prohibited
The salary or scale of salary of a staff member shall not be reduced without his or her consent except in accordance with the provisions of Part III.15. Additional remuneration
No staff member may claim as of right any additional remuneration in respect of any official duty or work which is performed or is required by a competent authority to be performed by him or her during normal working hours in addition to his or her ordinary official duties or work.16. Unauthorised or wrongly granted remuneration and other benefits
17. Stall members and members of the services to place their time at disposal of Government
18. Conditions in regard to filling of posts
19. Appointment of executive directors, Secretary to the Cabinet and Secretary to the President
The appointment of any person to, or the promotion or transfer of any staff member in or to, the post -19A. Term of appointment and conditions of service of executive director
20. Appointment on special conditions
Subject to the provisions of section 5(1), any person employed elsewhere than in the Public Service may be appointed as a staff member on such special conditions as may be approved by the Prime Minister on the recommendation of the Commission, having regard to the seniority of such person, his or her accumulated vacation or sick leave and his or her employment benefits and obligations: Provided that prior approval has been obtained from the Treasury for the expenditure incurred by such appointment.21. Appointments in acting capacities
22. Appointments, promotions and transfers on probation
23. Transfer and secondment of staff members
24. Retirement and discharge of staff members
Part III – MISCONDUCT
25. Definition of misconduct
26. Misconduct and suspension of staff members
27. Misconduct and suspension of executive directors
28. Misconduct of Secretary to the Cabinet and Secretary to the President
29. Manner in which notices may be given or certain documents may be served
Where it is for the purposes of this Part required that -Part IV – GENERAL PROVISIONS
30. Political rights of staff members
31. Assignment of other functions to staff members
32. Labour relations
Where a matter is in terms of this Act to be approved or recommended on by the Prime Minister or the Commission, as the case may be, that matter shall not so be approved or recommended on unless it has been the subject of the prescribed process of negotiation and collective bargaining, except those matters relating to any particular person or staff member or those contemplated in section 5(2)(a), (b), (c), (d), (f), (h), (k), (l), (m) and (n) and section 34 in so far as it relates to matters other than conditions of service.33. Limitation of legal proceedings
34. Regulations
35. Public Service Staff Rules
36. Application of Act
This Act shall apply to or in respect of -37. Transitional provisions
38. Construction of certain references in other laws
Any reference in any other law -39. Amendment of law
The laws mentioned in Schedule 4 are hereby amended to the extent indicated in the third column thereof.40. Repeal of law
The laws mentioned in Schedule 5 are hereby repealed to the extent indicated in the third column thereof.41. Short title and commencement
This Act shall be called the Public Service Act, 1995, and shall come into operation on a date to be fixed by the Prime Minister by notice in the Gazette.History of this document
01 December 2022
09 February 2021
28 December 2018 this version
Amended by
Public Service Amendment Act, 2018
21 August 2017
04 November 2015
17 October 2014
Amended by
Electoral Act, 2014
01 January 2014
Amended by
Correctional Service Act, 2012
25 June 2012
Amended by
Public Service Amendment Act, 2012
01 September 2009
24 May 2005
15 April 2005
Amended by
Anti-Corruption Act, 2003
30 March 2001
07 July 2000
02 August 1999
Amended by
Public Service Amendment Act, 1998
22 April 1999
05 June 1998
15 February 1997
01 November 1995
Commenced by
Commencement of the Public Service Act, 1995
07 August 1995
24 July 1995
Assented to
Cited documents 7
Act 7
1. | Local Authorities Act, 1992 | 1335 citations |
2. | Regional Councils Act, 1992 | 392 citations |
3. | Police Act, 1990 | 242 citations |
4. | State Finance Act, 1991 | 153 citations |
5. | Correctional Service Act, 2012 | 116 citations |
6. | Water Act, 1956 | 25 citations |
7. | Public Service Commission Act, 1990 | 16 citations |
Documents citing this one 308
Gazette 153
Act 94
1. | Labour Act, 2007 | 622 citations |
2. | Companies Act, 2004 | 453 citations |
3. | Prevention of Organised Crime Act, 2004 | 364 citations |
4. | Road Traffic and Transport Act, 1999 | 315 citations |
5. | Tender Board of Namibia Act, 1996 | 301 citations |
6. | Agricultural (Commercial) Land Reform Act, 1995 | 256 citations |
7. | Petroleum Products and Energy Act, 1990 | 230 citations |
8. | Electoral Act, 2014 | 184 citations |
9. | Medical and Dental Act, 2004 | 174 citations |
10. | Medicines and Related Substances Control Act, 2003 | 148 citations |
Judgment 47
Government Notice 8
Law Reform Report 3
1. | Report on the Mental Health Bill | |
2. | Report on the Repeal of Obsolete Laws | |
3. | Report on the Road Safety Management Bill |
Proclamation 3
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Amendment of Schedules 1, 2 and 3 to Public Service Act, 1995 | Proclamation 3 of 2021 | 9 February 2021 |
General Regulations, 1995 | Government Notice 211 of 1995 | 1 November 1995 |