[Chap0103]CHAPTER 1:03

PUBLIC SERVICE
ARRANGEMENT OF SECTIONS
SECTION

PART I
PRELIMINARY
1. Short title
2. Application

PART II
FUNDAMENTAL PRINCIPLES FOR THE ADMINISTRATION OF THE PUBLIC SERVICE
3. Character of the public service
4. Entry and advancement to be based on merit
5. Appointment to posts
6. Appointment of public officers above the rank of under secretary
7. Fair and equal treatment of public officers
8. Equal pay
9. Code of conduct
10. Deployment of public officers
11. Retention of public officers
12. Promotion and training
13. Welfare, etc., for public officers
14. General approach in the management of the public service

PART III
PUBLIC SERVICE ADMINISTRATION AND MANAGEMENT
15. Constitution and abolition of public offices
16. The head of the public service
17. Functions of the head of the public service
18. Establishment of post of Secretary for Human Resource Management and
Development
19. Establishment of Department of Human Resource Management and Development
20. Responsibilities of the Secretary for Human Resource Management and
Development

PART IV
ADMINISTRATION OF MINISTRIES AND DEPARTMENTS
21. Responsibilities of Principal Secretaries and heads of department
22. Supervision of administration of ministries
23. Accountability of Principal Secretaries and heads of department
 24. Accountability by management

PART V
INDIVIDUAL RIGHTS AND RESPONSIBILITIES OF PUBLIC OFFICERS
25. Responsibility and role of officers
26. Right of officers regarding terms and conditions of service

PART VI
MISCELLANEOUS
27. Restriction on termination of the service of public officers
28. The Civil Service Commission, etc.
29. Retirement age
30. Regulations
31. Savings

19 of 1994
G.N. 51/1994
An Act to make provision for the administration of the public service and for matters ancillary
thereto or connected therewith.
[1ST AUGUST 1994]
PART I
PRELIMINARY
[Ch0103s1]1. Short title
This Act may be cited as the Public Service Act.
[Ch0103s2]2. Application
This Act shall apply with respect to the administration of the public service save as
otherwise provided under any written law with respect to any part of the public service.
PART II
FUNDAMENTAL PRINCIPLES FOR THE ADMINISTRATION OF THE PUBLIC SERVICE
[Ch0103s3]3. Character of the public service
The public service shall—
(a) be the instrument for generating and maintaining public confidence in the
Government;
(b) be impartial, independent and permanent so as to enable the public to continue to
receive Government services and in order that the executive functions of the Government
continue uninterrupted irrespective of which political party is in power;
(c) be guided only by concerns of the public interest and of the welfare of the public
in the delivery of services and the formulation and implementation of development projects;
(d) aim to achieve and maintain the highest degree of integrity and proper conduct
amongst the personnel at all grades.
[Ch0103s5]4. Entry and advancement to be based on merit
 Entry into and advancement within the public service shall be determined solely on the
basis of merit, namely, relative ability, knowledge, skill and aptitude after fair and open
competition which assures that all citizens receive equal opportunity.
[Ch0103s5]5. Appointment to posts
(1) In selecting candidates for appointment to posts in the public service, the selecting
authority shall have regard primarily to the need for promoting efficiency in the public service.
(2) No person shall be appointed in the public service except to fill a post which is
appropriately established and is vacant and has been properly estimated for in the estimates of
expenditure.
[Ch0103s6]6. Appointment of public officers above the rank of under secretary
Subject to the Constitution, the power to appoint any person in the public service to a
post above the rank of under secretary shall vest in the President.
[Ch0103s7]7. Fair and equal treatment of public officers
All public officers shall be treated fairly and equally in all aspects of human resource
management and development without regard to their political, tribal or religious affiliation or to
their sex, age or origin in Malawi.
[Ch0103s8]8. Equal pay
The basis for remuneration of public officers shall be equal pay for work of equal value
and recognition for excellence in the performance of their duties as determined by an objective
method of evaluation.
[Ch0103s9]9. Code of conduct
Disciplinary provisions to regulate the code of conduct of public officers shall be in
accordance with regulations made, or deemed to have been made, under this Act.
[Ch0103s10]10. Deployment of Public Officers
The deployment of public officers within the public service shall be based solely on the
exigencies of the service, balancing the following factors—
(a) the need to promote and achieve higher individual output of the public officer and
to ensure his job satisfaction;
(b) the need to achieve higher organizational performance of the public service; and
(c) the attainment of national objectives.
[Ch0103s11]11. Retention of public officers
The retention of a public officer in the public service at any time after his appointment
shall be justified only on the basis of the need for his duties and his satisfactory performance of
those duties.
[Ch0103s12]12. Promotion and training
All public officers shall be accorded opportunity for career advancement and self-
development through promotions and appropriate available training.
[Ch0103s13]13. Welfare, etc., for public officers
All public officers shall be accorded facilities for staff welfare, job satisfaction, higher
quality of working life, rewards and incentives through the establishment and institution of
appropriate schemes and mechanisms.
[Ch0103s14]14. General approach in the management of the public service
The management of the public service shall be based on modern and appropriate human
management concepts and techniques within a framework which meets the basic requirements
for—
(a) efficient and effective delivery of service to the public;
(b) concern for the welfare of public officers, as employees;
(c) adherence to law;
(d) administration of staff regulations with sensitivity to the social and economical
impact of such administration on the individual public officer.
PART III
PUBLIC SERVICE ADMINISTRATION AND MANAGEMENT
[Ch0103s15]15. Constitution and abolition of public offices
(1) Subject to the Constitution and to any other written law, the power to constitute or
abolish public offices and to designate the titles thereof shall be exercised by the Minister by
order published in the Gazette.
(2) An order made under subsection (1) may provide for—
(a) the title and number of offices;
(b) the emoluments to be attached to offices;
(c) such incidental, consequential or supplemental matters as, in the opinion of the
Minister, are necessary or expedient to give effect to the order.
(3) Without restriction on the generality of subsection (2), such order may include
provisions—
(a) making in any enactment regulating the number of offices in respect of which, or
the number of office holders in respect of whom, emoluments may be paid, such modifications
as may be expedient; and
(b) amending any enactment relating to the appointment, powers, duties, rights or
liabilities of any officer holding the office specified in the order or bearing the same style and
title as an officer appointed to an office specified in the order.
[Ch0103s16]16. The head of the public service
The Secretary to the Cabinet shall be the head of the public service.
[Ch0103s17]17. Functions of the head of the public service
Subject to this Act and any general or special directives of the Minister, the Secretary to
the Cabinet, as head of the public service, shall be responsible for the overall management and
administration of the public service and, without restriction on the generality of the foregoing, he
shall—
(a) with the approval of the Minister, formulate, direct and co-ordinate the overall
national policy in relation to the public service respecting—
(i) objectivity and permanency of service;
(ii) principles and criteria for recruitment, retention, advancement and
termination of service;
(iii) staff welfare, motivation and remuneration of public officers;
 (iv) deployment, utilization and performance evaluation;
(v) career planning, training, development and performance of the public
service; and
(vi) discipline;
(b) provide leadership on all matters pertaining to the public service, including the
development of—
(i) a positive public image of the public service;
(ii) high integrity and morale, and excellency in the performance of duty by
the public service; and
(iii) fair and equitable treatment of all public officers;
(c) develop specific public service goals and priorities, to be achieved within a
medium and long-term time frame.
[Ch0103s18]18. Establishment of post of Secretary for Human Resource Management and
Development
There shall be established the post of Secretary for Human Resource Management and
Development (in this Act referred to as the “Secretary for Human Resource Management and
Development”) who shall be a public officer and shall be responsible for administering this Act.
[Ch0103s19]19. Establishment of Department of Human Resource Management and
Development
There is hereby established a department of the Government to be known as the
Department of Human Resource Management and Development, to be headed by the Secretary
for Human Resource Management and Development, and the principal objectives of which shall
be—
(a) to effectively and judiciously administer the provisions of this Act and regulations
made thereunder;
(b) to continuously examine the public service related needs and priorities at various
levels of the administration of the Government and assess the relevance and effectiveness of
current administrative instruments of the public service with aview to recommending appropriate
measures to meet the requirements of this Act;
(c) to develop and maintain sound and effective public service systems and practices
appropriate to the requirements of Malawi;
(d) to periodically review the extent of centralization or delegation of authority
necessary for efficient and effective performance of the public service; and
(e) to develop, introduce and judiciously administer the public service conditions of
service, codes of ethics, precedents and norms to ensure that the integrity of the service, staff
morale and welfare and overall performance of the public service continuously remain high.
[Ch0103s20]20. Responsibilities of the Secretary for Human Resource Management and
Development
(1) Subject of this Act, the Secretary for Human Resource Management and
Development shall take overall responsibility and related functions, on behalf of the Secretary to
the Cabinet, with respect to the administration and management of the public service.
 (2) Without restriction on the generality of subsection (1), the Secretary for Human
Resource Management and Development shall be responsible for the following—
(a) human resource planning;
(b) human resource training and development;
(c) human resource complement, grading and deployment;
(d) human resource management;
(e) recruitment and promotion policy;
(f) performance and productivity improvement;
(g) direction, co-ordination and control of all professional, technical and
administrative activities relating to functions specified in paragraphs (a) to (f) of this section;
(h) co-ordination of the training, development and utilization of human resources
allocated to the Department of Human Resource Management and Development;
(i) management of all human resources, finances, materials, supplies and equipment
allocated to the Department of Human Resource Management and Development in all fields and
at all levels of the operation of the Department in an effective and efficient manner;
(j) development and maintenance of close liaison with national, regional and
international agencies, and project the needs of Malawi in the field of public service sector
human resource management;
(k) ensuring effective and efficient overall management of the Department of Human
Resource Management and Development through, among other things, the development and
maintenance of an effective organizational structure, the introduction of efficient personnel work
systems and procedures, providing positive leadership and supervision and the introduction of
appropriate internal efficiency evaluation measures to enhance the overall performance of the
Department;
(l) submission of periodic management reports to the Secretary to the Cabinet,
analyzing in detail the achievements and management constraints being encountered by the
public service and a plan of action for achieving further progress; and
(m) such other functions as may be prescribed by the Minister by regulations.
PART IV
ADMINISTRATION OF MINISTRIES AND DEPARTMENTS
[Ch0103s21]21. Responsibilities of Principal Secretaries and heads of department
(1) The Principal Secretary of every ministry or the head of department of every
department, as the case may be, shall be the overall Controlling Officer of that Ministry or
department.
(2) Without restriction on the generality of subsection (1), a Controlling Officer shall,
subject to the Constitution, be responsible for—
(a) the management and administration of all resources of the ministry or department
in accordance with appropriate public service regulations;
(b) setting directions, objectives and appropriate guidelines and strategies for the
ministry or the department; and
 (c) initiating, formulating, implementing and reviewing the policies of the ministry or
the department.
(3) Where the functions of a ministry or department have been assigned to a Minister, the
Principal Secretary or head of department, as the case may be, shall be responsible for advising
the Minister on all matters relating to the management and administration of the ministry or the
department.
(4) In the performance of his functions, the Principal Secretary and the head of a
department shall be subject to the general and special direction of the Minister.
[Ch0103s22]22. Supervision of administration of Ministries
Subject to the Constitution and to the general and special directions of the Minister, the
supervision of the administration of a ministry (including any department of that ministry) shall
at all times remain the responsibility of the Principal Secretary of that ministry.
[Ch0103s23]23. Accountability of Principal Secretaries and heads of department
The Principal Secretary of a ministry and the head of department, as the case may be,
shall be accountable for all the administrative activities of the ministry or department for which
that Principal Secretary or head of department is responsible.
[Ch0103s24]24. Accountability by management
Subject to this Act, every public officer in the management level of a ministry or
department shall be responsible for the efficient management of the resources of that ministry or
department and shall be accountable in respect of the management of the resources of that
ministry or department.
PART V
INDIVIDUAL RIGHTS AND RESPONSIBILITIES OF PUBLIC OFFICERS
[Ch0103s25]25. Responsibility and role of officers
Subject to this Act, every officer employed in the public service shall be responsible for
the execution of the duties and tasks properly assigned to him and shall be accountable for his
actions in the mobilization and utilization of resources made available in relation to the execution
of duties and tasks.
[Ch0103s26]26. Right of officers regarding terms and conditions of service
Subject to the Constitution and to this Act, every officer employed in the public service
has the right of access to the terms and conditions on which he is employed.
PART VI
MISCELLANEOUS
[Ch0103s27]27. Restriction on termination of the service of public officers
(1) Except in circumstances where a public officer has absconded from his duties within
the meaning ascribed to the word “abscond” by the Minister by regulations made or deemed to
have been made under this Act, or the post held by the public officer has been abolished, no
public officer appointed to an established post in the public service on permanent and
pensionable terms shall be dismissed or otherwise have his service terminated at the instance on
the Government unless—
(a) he is proved to have committed a prescribed act of misconduct;
 (b) he is presented with a notice of the disciplinary charge in writing specifying the
prescribed act of misconduct he is alleged to have committed; and
(c) he is allowed a reasonable period, being not less than twenty-one days from the
date of the notice of the disciplinary charge, within which he may reply to the charge in writing.
(2) Where a public officer has attained qualifying service for mandatory retirement or for
retirement at his own option or with the approval of the Minister or other appropriate authority,
termination of his service on the basis of a disciplinary charge presented to him in accordance
with subsection (1) shall be by way of retirement from service as if he had opted, or obtained the
appropriate approval, to retire, unless the act of misconduct in question involves
misappropriation of, or failure to account for, public funds or public stores entrusted to his
control or custody.
[Ch0103s28]28. The Civil Service Commission, etc.
Subject to the Constitution, the Civil Service Commission and every other Service
Commission established under the Constitution shall, in the performance of its function, be
bound and guided by the provisions of this Act.
[Ch0103s29]29. Retirement age
Subject to subsection (2), no officer shall continue to serve in the public service after
attaining the mandatory retirement age of 55 years.
The Minister may, from time to time, by order published in the Gazette, revise the
mandatory retirement age prescribed under subsection (1).
[Ch0103s30]30. Regulations
The Minister may, subject to the Constitution and this Act, make regulations for the
administration, regulation and disciplinary control of the public service and for matters incidental
thereto.
Without restriction on the generality of subsection (1), any such regulations may make
provision for—
(a) the terms and conditions of service of public officers; and
(b) the performance of the functions of any appropriate authority and the forms and
procedures to be followed by such authority in the exercise of its functions, or by a person to
whom such functions may have been lawfully delegated.
[Ch0103s31]31. Savings
Any regulations or other subsidiary legislation applicable with respect to the terms and
conditions of service of public officers immediately before the commencement of this Act and
which are or is capable of being made under section 30—
(a) shall continue in force and be deemed to be regulations or other subsidiary
legislation made under this Act; and
(b) may be amended or replaced by subsidiary legislation made under this Act.