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193.
(1)
Subject to the provisions of this Constitution and any other law, other service sectors
having separate service commissions or similar bodies may be recognised as part of the
public service.
(2)
The recognition of certain service commissions or similar bodies at the
commencement of this Constitution does not preclude the recognition or establishment of
other service commissions in terms of any other law.
(3)
For the avoidance of any doubt, in any case in which this section or this Constitution
does not apply the power to appoint, promote, transfer, or discipline or dismiss public
officers shall, pending the establishment of the appropriate service commission or
similar body continue to vest where it vests at the commencement of this
Constitution.
Part 3
Miscellaneous
Protection of public officers
194.
(1)
A public officer shall not be
(a)
victimized or discriminated against for having performed faithfully the duties
of office in accordance with this Constitution; or
(b)
dismissed or removed from office or reduced in rank or otherwise punished
without just cause or due process of law.
(2)
A public officer who is appointed by the King and who has been removed but not
dismissed from that office unless promoted shall revert to the same or equivalent rank in the
public service which that officer held prior to the appointment in terms of that section or
accept a retirement package.
(3)
An officer referred to in sub-section (2) shall not have or continue to enjoy any
personal right to the salary or related privileges of the position or rank from which that officer
has been removed.
(4)
The matter of a public officer who has been suspended shall be finalised within six
months failing which the suspension shall be lifted.
(5)
Where the suspension is lifted under the provisions of subsection (4) the suspending
authority shall give a full report to the line Minister as to the circumstances leading to the
suspension and the lifting of that suspension.
Pensions laws and protection of pensions rights
195.
(1)
The law to be applied with respect to any pensions benefits that were granted to any
person at the date of the commencement of this Constitution shall be the law that is in force at
the date on which those benefits were granted or any law in force at a later date that is not
less favourable to that person.
(2)
The law to be applied with respect to any pensions benefits (not being benefits to
which subsection (1) applies) shall
(a)
in so far as those benefits are wholly in respect of a period of service as a
public officer that commenced before the date of commencement of this
Constitution, be the law that was in force immediately before that date; and
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