Amended by [Act No. 5 of 1997]
(2)
No person shall be qualified for appointment as a Commissioner of the Public
Service Commission if he is a member of or a candidate for election to, the
Assembly or any local authority, a public officer or a local government officer.
Amended by [Act No. 5 of 1997]
(3)
Where the office of chairman of the Public Service Commission is vacant or the
chairman is for any reason unable to perform the functions of his office, those
functions shall be performed by such one of the Deputy Chairmen or
Commissioners of the Commission as the President may appoint.
Amended by [Act No. 5 of 1997)
(4)
Where at any time there are less than 3 Commissioners of the Public Service
Commission besides the chairman or where any such Commissioner is acting as
chairman or is for any reason unable to perform the functions of his office, the
President may appoint a person qualified for appointment as a Commissioner of the
Commission to act as a Commissioner, and any person so appointed shall continue
to act until his appointment is revoked by the President.
(5)
The functions of the President under this section shall be exercised by him after
consultation with the Prime Minister and the Leader of the Opposition.
Amended by [Act No. 48 of 1991]; [Act No. 5 of 1997]
89.
Appointment of public officers
(1) Subject to this Constitution, power to appoint persons to hold or act
in any offices in the public service (including power to confirm appointments), to
exercise disciplinary control over persons holding or acting such offices and to remove
such persons from office shall vest in the Public Service Commission.
(2) (a)
The Public Service Commission may, subject to such conditions as it thinks
fit, delegates any of its powers under this section by directions in writing to
any Commissioner of the Commission, or to any public officer.
Amended by [Act No. 5 of 1997)
(b)
The Public Service Commission may, subject to such conditions
as it may prescribe, delegate by directions in writing, its powers under this
section to enquire and report to it (i)
in the case of any professional misconduct or negligence committed
by a public officer in the performance of his duties, to any
appropriate statutory disciplinary body;