Constitution of Zambia (Amendment)
[No. 2 of 2016
73
(h) proactively providing the public with timely, accessible
and accurate information;
(i) merit as the basis of appointment and promotion;
(j) adequate and equal opportunities for appointments, training
and advancement of members of both gender and
members of all ethnic groups; and
(k) representation of persons with disabilities in the composition
of the public service at all levels.
(2) The values and principles specified in clause (1) apply to
service—
(a) at national, provincial and local government levels; and
(b) to all State organs and State institutions.
(3) A public officer shall not be—
(a) victimised or discriminated against for having performed
functions in good faith in accordance with this
Constitution or other law; or
(b) removed from office, reduced in rank or otherwise
punished without just cause and due process.
Constituting Offices for Public Service
174. (1) 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.
Constituting
offices for
public
service
(2) The President shall not abolish an office in the public service
while there is a substantive holder of the office.
(3) The President may, by statutory instrument, declare that
an office constituted by the President shall not be an office in the
public service.
(4) Appointment to an office declared by the President not to
be an office in the public service shall be made by the President.
175. 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.
Holding of
office in
public
service