An Act of Parliament to amend the Public Service Commission Act.
| PROPOSED PROVISION FOR AMENDMENT | PROPOSED AMENDMENT | OUR COMMENTS |
|---|---|---|
| Clause 2 Amendment of section 34 of No. 10 of 2017 | Section 34 of the Public Service Commission Act, 2017 (hereinafter referred to as “the principal Act”) is amended by inserting the following new subsection immediately after subsection (3): “(3A) Upon the expiry of six months, an officer appointed under subsection (3) shall not be entitled to any acting allowances.” | The six-month period provided in this clause is sufficient time as it allows the organization to adequately recruit and fill the position. Furthermore, failure to comply with this provision results in the officer not earning any acting allowances. A person holding an office in an acting capacity may feel less accountable for his/her actions as he/she will hold the position for a limited time period. This may lead to a lack of oversight and potential abuse of power. |
| Clause 3 Amendment of section 80 of No. 10 of 2017 | Section 80 of the principal Act is amended: a. in subsection (1), by deleting the words “as may be prescribed in the regulations” and substituting thereof the words “of sixty years”; and b. by deleting subsection (2). | Retiring employees upon attaining the age of sixty years has the following benefits: a. retiring employees increases productivity by bringing in younger employees with fresh ideas and energy; and b. it allows the employer to plan for the future by providing opportunities to younger employees who can fill the senior job positions. On the other hand, an argument can be made that a mandatory retirement plan leads to loss of experienced and knowledgeable employees, which can be detrimental to the organization. |
| Clause 4 Insertion of new section into No. 10 of 2017 | The principal Act is amended by inserting the following new section immediately after section 102: “102A. A public officer engaged for service by the Commission or other appointing authority after attaining the mandatory retirement age before the commencement of this Act shall serve for the remainder of the term of the contract.” | This allows for an orderly transition of responsibilities to the successor as it minimizes disruptions and ensures that the organization continues to function effectively. Secondly, it gives the organization a grace period to train officers who acquire the necessary skills required by the organization. |