Chapter 10 / The public service
Principles and structures of local government
165.Public Service Commission
(1)There shall be a Public Service Commission.
(2)The Commission shall consist of a Chairperson, a Deputy Chairperson and seven other members appointed by the President with the approval of Parliament.
(3)A person is not qualified to be appointed a member of the Commission unless he or she is of high moral character and proven integrity.
(4)A person holding any of the following offices shall relinquish his or her position in that office on appointment as a member of the Commission—
(a)a member of Parliament;
(b)a member of a local government council;
(c)a member of the executive of a political party or political organisation; or
(d)a public officer.
(5)A member of the Commission shall hold office for a term of four years but is eligible for re-appointment; except that of the first members appointed under this Constitution, four shall be appointed to hold office for three years which shall be specified in the instruments of appointment.
(6)The emoluments of the members of the Commission shall be prescribed by Parliament and shall be charged on the Consolidated Fund.
(7)In the absence of both the Chairperson and the Deputy Chairperson, the President may designate one of the members to act as Chairperson.
(8)A member of the Commission may be removed from office by the President only for—
(a)inability to perform the functions of his or her office arising from infirmity of body or mind;
(b)misbehaviour or misconduct; or
(c)incompetence.
Principles and structures of local government
166.Functions of the Public Service Commission
(1)Except as otherwise provided in this Constitution, the functions of the Public Service Commission include—
(a)to advise the President in performing his or her functions under Article 172 of this Constitution;
(b)to appoint, promote and exercise disciplinary control over persons holding office in the public service of Uganda as provided in Article 172 of this Constitution;
(c)to review the terms and conditions of service, standing orders, training and qualifications of public officers and matters connected with personnel management and development of the public service and make recommendations on them to the Government;
(d)to guide and coordinate district service commissions;
(e)to hear and determine grievances from persons appointed by district service commissions; and
(f)to perform such other functions as may be prescribed by this Constitution or any other law.
(2)In the exercise of its functions, the Public Service Commission shall be independent and shall not be subject to the direction or control of any person or authority; except that it shall take into account government policy relating to the public service.
(3)The Commission shall make a report to Parliament in respect of each year, on the performance of its functions.
(4)Parliament shall, by law, empower the Public Service Commission to make regulations for the effective and efficient performance of its functions under this Constitution or any other law.
Education Service Commission
167. Education Service Commission
(1)There shall be an Education Service Commission.
(2)The Commission shall consist of a Chairperson and six other members appointed by the President with the approval of Parliament.
(3)The President shall appoint not more than two members of the Commission as deputy chairpersons of the Commission.
(4)A person is not qualified to be a member of the Commission unless he or she is of high moral character and proven integrity and has substantial experience in the field of education.
(5)A person holding any of the following offices shall relinquish his or her position in that office on appointment as a member of the Commission—
(a)a member of Parliament;
(b)a member of a local government council;
(c)a member of the executive of a political party or political organisation;
(d)a member of any board or other authority responsible for the management of any school or college; or
(e)a public officer.
(6)A member of the Education Service Commission shall hold office for four years but is eligible for re-appointment; except that of the first members appointed under this Constitution, three shall be appointed to hold office for three years which shall be specified in the instruments of appointment.
(7)The emoluments of members of the Commission shall be prescribed by Parliament and shall be charged on the Consolidated Fund.
(8)In the absence of both the Chairperson and deputy chairpersons, the President may designate one of the members to act as Chairperson.
(9)A member of the Commission may be removed from office by the President only for—
(a)inability to perform the functions of his or her office arising from infirmity of body or mind;
(b)misbehaviour or misconduct; or
(c)incompetence.