By instrument dated 28 May 2013, the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the Commission the power to make and to postpone appointments to public officers below senior management level, and the power to withhold the progression of public officers in the same salary scales from one scale to the next within the same grade.
The most recent instrument of delegation was published on the 25 September 2015. This instrument, which superseded that of 28 May 2013, empowered Permanent Secretaries and the Principal Permanent Secretary to:
a. Make appointments to public offices, other than headship positions, provided that such appointments are made following a competitive selection process and on the basis of a valid order of merit;
b. Postpone appointments to which para (a) refers;
c. Extend fixed-term appointments or renew such appointments for subsequent terms, provided that any appointments so extended or renewed were initially made on the basis of a competitive selection process;
d. Fill a position by lateral appointment without the need for a competitive selection process, as provided for in article 25 of the Public Administration Act (Cap. 497).
Consequently, as from 1 February 2016, Directive 9 came into force and the delegation of authority for the filling of vacancies in the Public Sector Entities, introduced through Directive 7, was extended to the Public Service. Directive 9 set out the procedures which apply to selection processes and appointments under the authority of Permanent Secretaries in terms of the instrument of delegation approved by the Prime Minister for this purpose. Also from that date, the 1960 PSC Regulations were revoked and were replaced by two new sets of regulations – the
PSC (General) Regulations and the
PSC (Appointments) Regulations.
The Role of the PSC
With the authority to conduct selection processes and to make appointments being delegated to Permanent Secretaries, as introduced through Directive 9, the role of the Commission has become more of a regulatory and investigative nature, where it comes to the making of appointments to public offices. The Commission is empowered to issue directions to regulate any aspect of the selection process and inquire into and investigate any selection process, on its own initiative, or following petitions or representations by applicants or submissions by heads of departments.