shall be performed by the Deputy Chairperson until that vacancy is filled or the Chairperson is able to
resume his or her duties.
(2) If both the Chairperson and the Deputy Chairperson are unable to perform their functions,
then another of the members of the Commission as may be designated in that behalf by the remaining
members of the Commission shall perform the functions of the Chairperson.
(3) If at any time there are less than seven members of the Civil Service Commission and the
Public Appointments Committee is not able to sit, either because of Parliament being dissolved or some
other reason, the President may appoint such persons as qualified for appointment to the Commission
and are required to act as members of the Commission:
Provided that the appointment of a person to act as a member of the Civil Service Commission
in accordance with this subsection shall lapse on his or her appointment as a full member of the
Commission in accordance with section 191 (1), or until the office in which he or she is acting is filled
after the Public Appointments Committee has resumed sitting.
[Ch0000s193]193.
Independence of the Civil Service
13 of 2001(1) Members of the Civil Service shall ensure that the exercise of participation in
political activities does not compromise their independent exercise of their functions, powers and duties
as impartial servants of the general public.
(2) The National Assembly may prescribe a category of civil servants, who by reason of their
seniority shall not be able to directly participate in political activities:
Provided that—
(a)
the civil servants so restricted shall have the right to resign in order to participate
directly in political activities;
(b)
nothing in this section shall be deemed to prejudice any civil servant having the absolute
right to vote in accordance with this Constitution;
13 of 2001(c) without prejudice to subsection (1) any civil servant whose functions are not
directly concerned with the formulation and administration of the policies of the Government shall be
exempt from restrictions under this section; and
(d)
nothing in this section shall prejudice the right of any civil servant to hold office in, or be
a member of, any association, group or professional body, the purposes of which are principally to
represent their member’s interests in relation to the terms and conditions of employment or the general
carrying on of any profession or trade or the promotion of any interest, not pertaining directly to the
promotion of a political party, or its campaign or philosophy.
(3) No Government or political party shall cause any civil servant acting in that behalf to exercise
functions, powers or duties for the purposes of promoting or undermining the interest or affairs of any