GOVERNMENT TEACHING SERVICE COMMISSION

CHAPTER 30:08
GOVERNMENT TEACHING SERVICE COMMISSION

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ESTABLISHMENT OF THE GOVERNMENT TEACHING SERVICE COMMISSION

   3.   Establishment and composition of the Government Teaching Service Commission

   4.   Appointment of members of the Commission

   5.   Tenure of office of members of the Commission

   6.   Remuneration and allowances of members of the Commission

PART III
POWERS AND FUNCTIONS OF THE COMMISSION

   7.   Powers and functions of the Commission

   8.   Delegation

PART IV
MISCELLANEOUS

   9.   Application of Cap. 1:03

   10.   Regulations

   11.   Savings

12 of 1996
G.N. 47/1997

An act to provide for the establishment, functions and powers of the Government Teaching Service Commission, to regulate the appointment and terms and conditions of persons employed in the Government Teaching Service, and to make provision for matters connected therewith or incidental thereto

[1ST JUNE 1997]

PART I
PRELIMINARY

1.   Short title

    This Act may be cited as the Government Teaching Service Commission Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “Commission” means the Government Teaching Service Commission established under section 3;

   “Government Teaching Service” means that body of teachers who, as such are public officers;

   “Minister” means the Minister responsible for education;

   “Public Appointments Committee” means the Public Appointments Committee established under section 56 (7) of the Constitution;

   “Service” means the Government Teaching Service;

PART II
ESTABLISHMENT OF THE GOVERNMENT TEACHING SERVICE COMMISSION

3.   Establishment and composition of the Government Teaching Service Commission

    There is hereby established a Commission to be known as the Government Teaching Service Commission (in this Act otherwise referred to as the "Commission") which shall have the powers and functions conferred upon by this Act, and which shall consist of a Chairperson, a Deputy Chairperson and not less than six nor more than ten other members.

4.   Appointment of members of the Commission

   (1) Members of the Commission shall be appointed by the President and the appointment shall be confirmed by the Public Appointments Committee.

   (2) A person shall not be qualified for appointment as a member of the Commission if that person—

   (a)   is a President, a Vice President, a Minister or Deputy Minister, a Member of Parliament or an officer in the Service;

   (b)   is an undischarged bankrupt;

   (c)   has, within the three years immediately preceding, been convicted of any offence by a court and sentenced therefor to a term of imprisonment of six months or more without the option of a fine;

   (d)   has, within the seven years immediately preceding been convicted of an offence involving fraud or dishonesty.

5.   Tenure of office of members of the Commission

   (1) Subject to subsections (3), (4) and (5), every member of the Commission shall hold office as such member for such period not exceeding three years from the date of his or her appointment, as may be specified in the instrument of appointment.

   (2) Any retiring member of the Commission, other than a member who is disqualified under section 4 (2), shall be eligible for re-appointment.

   (3) Upon the expiry of the period for which a member is appointed he or she shall continue to hold office until his or her successor is appointed, but in no case shall such further period exceed three months.

   (4) The office of a member of the Commission shall be vacated—

   (a)   upon his or her death;

   (b)   if, save through illness, he or she is absent from three consecutive meetings of the Commission without the permission of the Commission or the Minister;

   (c)   upon the expiry of one month’s notice in writing of his or her intention to resign given by him or her to the Minister;

   (d)   if he becomes physically or mentally unfit, and the Minister and the Commission are of the opinion that, by reason of such unfitness, he or she is no longer capable of performing his or her duties as a member of the Commission:

Provided that, in the case of the Chairperson, this paragraph shall not apply if, upon the submission of the opinion of the Commission and the Minister to the President by the Minister, the President does not approve of its application; and

   (e)   if he or she becomes disqualified from membership of the Commission under section 4 (2).

   (5) A member of the Commission may be removed from office by the President at any time, subject to the Public Appointments Committee being satisfied that the member is no longer competent to discharge his or her duties.

   (6) A member of the Commission who is removed from office under this section may appeal to the High Court against the decision to remove him or her from office.

6.   Remuneration and allowances of members of the Commission

   The Chairperson and other members of the Commission shall receive such remuneration and allowances as may, from time to time, be determined by the Minister.

PART III
POWERS AND FUNCTIONS OF THE COMMISSION

7.   Powers and functions of the Commission

   (1) Subject to the Public Service Act, the Commission shall—

   (a)   have power to appoint persons to hold or act in offices in the Service, including power to promote persons to, and to remove persons from, office;

   (b)   exercise disciplinary control over persons holding or acting in any office in the Service.

8.   Delegation

   (1) The Commission may, subject to the general or special directions of the Minister, delegate its powers under this Act by directions in writing to any member of the Commission or any public servant or public body.

   (2) Where any person or body exercises powers under this section on behalf of the Commission in accordance with subsection (1), the Commission shall—

   (a)   require that person or body to furnish reports in such manner or form as may be specified in the directions by which the Commission delegated powers;

   (b)   hear complaints or appeals from persons with sufficient interest relating to the exercise of powers under this section, and the Commission may—

      (i)   quash the decision of a person or body exercising such powers;

      (ii)   exercise such disciplinary powers relating to such persons or body, subject to the conditions laid down by an Act of Parliament;

      (iii)   revoke directions delegating powers to any person or body:

   Provided that nothing in this subsection shall prejudice the right of any person who is the subject of a decision made by or on behalf of the Commission to appeal to the High Court, or the right of any person with sufficient interest in such a decision to petition the High Court for judicial review or otherwise of that decision.

PART IV
MISCELLANEOUS

9.   Application of Cap. 1:03

    Save as otherwise provided in this Act, the provisions of the Public Service Act, shall apply to the Service, and the Commission shall, in the exercise of its powers and the performance of its functions be bound and guided by the provisions of that Act.

10.   Regulations

   (1) The Minister may make regulations for the administration, regulation and disciplinary control of the Service and for matters incidental thereto.

   (2) Without restriction on the generality of subsection (1), any such regulations may make provision for—

   (a)   the terms and conditions of service of members of the Service;

   (b)   the performance of the function of any appropriate authority and the forms and procedures to be followed by such authority in the exercise of its functions or by a person to whom such functions have been lawfully delegated.

11.   savings

   Any regulations or other subsidiary legislation applicable with respect to the terms and conditions of service of members of the Service immediately before the commencement of this Act and which are or is capable of being made under section 10

   (a)   shall continue in force and be deemed to be regulations or other subsidiary legislation made under this Act; and

   (b)   may be amended or replaced by regulations or other subsidiary legislation made under this Act.

SUBSIDIARY LEGISLATION

GOVERNMENT TEACHING SERVICE COMMISSION REGULATIONS

ARRANGEMENT OF REGULATIONS

   REGULATION

PART I
PRELIMINARY

   1.   Citation and application

   2.   Interpretation

PART II
PROCEDURES

   3.   Secretary and staff

   4.   Presiding at meetings

   5.   Records of meetings

   6.   Decision by circulation

   7.   Dissent

   8.   Quorum for meeting and majority decision

   9.   Communications to the Commission and Members

   10.   Right of Responsible Officer to be heard

   11.   Irregular representation

   12.   Oaths to be taken by staff

PART III
PRINCIPLES TO BE OBSERVED BY THE COMMISSION

   13.   Matters to be considered regarding appointments and promotions

   14.   Examinations and Training Courses

   15.   Matters to be considered regarding transfers

   16.   Seniority

   17.   Advertisements

   18.   Interviews

   19.   Consultation, Selection Boards and Examinations

   20.   Performance Appraisal Reports

PART IV
DUTIES OF RESPONSIBLE OFFICER IN RELATION TO FILLING OF VACANCIES

   21.   Duty to report vacancies

   22.   Application by officers and others

   23.   Appointments

   24.   Delayed documentary evidence

   25.   Appointment on Probation

   26.   Duties of Responsible Officer in relation to probationers

   27.   Conclusion and Extension of Probationary period

   28.   Medical examination

   29.   Acting appointments and supersession

   30.   Training Grades

   31.   Compulsory retirements

   32.   Medical grounds

   33.   Abolition of office

PART V
DISCIPLINE

   34.   Penalties

   35.   Interdiction and suspension

   36.   Duty to investigate information regarding misconduct

   37.   Action to be taken after preliminary investigation

   38.   Criminal proceedings

   39.   Proceedings after acquittal on criminal charges

   40.   Notice of intention to institute disciplinary proceedings

   41.   Absconding officers

   42.   Action by Commission on receipt of report

   43.   Disciplinary inquiries

   44.   Procedure of the Teachers Board of Appeal

   45.   Proceedings before the Commission

   46.   Inquiry by individual officers

   47.   Incompetency and inefficiency

PART VI
GENERAL

   48.   Service of documents

   49.   Attendance of officers and production of documents

   50.   Right of Appeal

   51.   Cases not otherwise provided for

       Schedule

GOVERNMENT TEACHING SERVICE COMMISSION REGULATIONS

under s. 10

PART I
PRELIMINARY

1.   Citation and application

   (1) These Regulations may be cited as the Government Teaching Service Commission Regulations.

   (2) These Regulations shall not apply to any matter in relation to which it is provided in the Constitution or in any other law that some person or body other than the Commission has authority.

2.   Interpretation

   (1) In these Regulations, unless the context otherwise requires—

   “abscond” means to be absent from duty without leave or just reason for a period exceeding 48 hours;

   “appointment” means the conferment of an officer of emolument in the Government Teaching Service and shall include an appointment on promotion;

   “Chairperson” means the Chairperson of the Commission or in his or her absence the Deputy Chairperson;

   “Commission” means the Government Teaching Service Commission;

   “Contract Officer” means an officer employed for a predetermined period of time under a written contract signed by or with the authority of the Secretary for the Department of Human Resource Management and Development and containing terms and conditions of employment individual to such an officer, but does not include a permanent officer or employee;

   “equivalent grade” means a grade to which a minimum salary attached is at the least equal to the minimum salary attached to the grade with which it is compared;

   “Estimates” means the current estimates on Revenue Account and the current estimate on Development Account and the current Establishment Warrants;

   “grade” means one of the grades of office prescribed in these Regulations;

   “Member” includes the Chairperson or Deputy Chairperson and any other member of the Commission;

   “misconduct” includes any act or omission which constitutes misconduct in accordance with these Regulations;

   “officer” means a teacher employed in the Service;

   “permanent officer” means an officer employed on the basis that on confirmation of his or her appointment the duration of his or her employment is permanent—

   (a)   until he or she reaches the age for retirement under these Regulations; or

   (b)   until his or her employment is terminated in accordance with these Regulations, but does not include a contract officer;

   “posting” means the assignment by the Responsible Officer of an officer to a different duty station within the Service;

   “probationary period” means the period before an officer is confirmed in his or her post;

   “probationer” means an officer serving on probation;

   “promotion” means the conferment upon an officer of a public office to which is attached a higher salary or salary scale segment than that attached to the office to which he or she was last substantively appointed;

   “Responsible Officer” means the Principal Secretary responsible for Education;

   “School” has the meaning assigned thereto in the Education Act;

   “Secretary” in relation to these Regulations, means the Secretary to the Commission;

   “seniority” means the relative seniority of an officer determined in accordance with regulation 16;

   “Service post” means a pensionable or permanent post in the Service;

   “stoppage” in relation to an increment has the meaning assigned thereto in the Malawi Public Service Regulations;

   “teacher” means a person authorized or licensed to teach in accordance with the Education Act;

   “temporary employee” means an officer employed on terms and conditions set out in Book Two of the Malawi Public Service Regulations;

   “terminal benefit” means a benefit, allowance or privilege conferred on an officer by the Government on the termination of his or her service or employment;

   “trainee” means a person serving in a training post;

   “training post” means a post to which an untrained person is appointed;

   “transfer” means the conferment upon an officer of a different public office under conditions which do not constitute a promotion or posting;

   “vacancy” means a vacancy in a post for which full (as opposed to token) financial provisions is made in the Estimates;

   “withhold” in relation to an increment, has the meaning assigned thereto in the Malawi Public Service Regulations.

   (2) Reference in these Regulations to officers in the public service shall, unless the context otherwise requires, be construed in the same manner as such references would be construed in the Constitution.

PART II
PROCEDURE

3.   Secretary and staff

    The Commission shall appoint a secretary to the Commission and such other staff as it may from time to time consider necessary.

4.   Presiding at meetings

   The Chairperson shall preside at meetings of the Commission, but in his or her absence the Deputy Chairperson shall act as Chairperson, and in the absence of both the Chairperson and the Deputy Chairperson, the members present and forming a quorum shall elect one of their number to preside at the meeting.

5.   Records of meetings

   A record shall be kept by the Secretary of the members present and of the business transacted at every meeting of the Commission.

6.   Decision by circulation of papers

   Decisions may be made by the Chairperson without a meeting by the circulation of the expression of the Commissioner’s views in writing:

   Provided that if there is any disagreement as to the decision to be made, or if any member expresses a desire for the decision to be deferred, the matter shall be considered at a meeting of the Commission.

7.   Dissent

   A member shall be entitled to dissent from a decision of the Commission and to have his or her dissent and his or her reasons therefor set out in the records of the Commission.

8.   Quorum for meetings and majority decisions

   (1) When the Commission consists of not more than eight (8) members the quorum for a meeting shall be four (4) members. When the Commission consists of more than eight (8) members the quorum for a meeting shall be five (5) members.

   (2) A decision of the Commission shall require the concurrence of a majority of all the members.

9.   Communications to the Commission and members

   (1) All communications intended for the Commission shall be addressed to the Secretary. The Secretary shall place such communications before the Commission.

   (2) No officer shall make any communication orally or in writing relating to his or her position in the Service to an individual member, except in the course of a disciplinary enquiry before the Commission.

10.   Right of a Responsible Officer to be heard

   The Responsible Officer who has made a recommendation to the Commission shall have the right, if he or she requests in writing, to attend the Commission personally or by representative and then be heard in connexion with such recommendation.

11.   Irregular representation

   In carrying out its functions the Commission shall not take into account any representation made to it otherwise than in accordance with these Regulations.

12.   Oaths to be taken by staff

   (1) The Secretary and such other members of staff and where appropriate, members of Interview Boards as the Chairperson or in his or her absence the Deputy Chairperson, may require to do so, shall on appointment take an oath in the form set out in the Schedule to these Regulations:

   Provided that any such person who has no religious belief or for whom the taking of an oath is contrary to his or her belief may make and subscribe a solemn affirmation in the form set out in the Schedule to these Regulations.

   (2) An oath or affirmation under this regulation may be administered by the Chairperson or, in his or her absence, the Deputy Chairperson.

PART III—PRINCIPLES TO BE OBSERVED BY THE COMMISSION

13.   Matters to be considered regarding appointments and promotions

   (1) In exercising its powers in connexion with the appointment and promotion of officers, the Commission shall have regard to the maintenance of the high standard of efficiency necessary to the Government Teaching Service promotions and subject thereto shall—

   (a)   where, in the opinion of the Commission, an officer is qualified and suitable to fill a vacancy, give preference to that officer over any person not in the Government Teaching Service;

   (b)   where more than one officer may be suitable to fill a vacancy, take into account seniority, qualifications, experience and merit and, other things being equal, give preference to a permanent officer over a contract officer.

   (2) The qualifications for a post shall be such as have been determined by Government but shall not be designed or be so restrictive in their effect as to favour a particular candidate for appointment, or to interfere with the due performance by the Commission of the functions vested in it by the Act.

14.   Examinations and Training Courses

   Where a vacancy is to be filled—

   (a)   according to the results of examinations or interviews which are conducted by or supervised by the Commission; or

   (b)   on the successful completion of a course of study or training by a person who has been selected for such study or training with the intention that, when trained he or she shall be appointed or promoted within the Service,

the Commission may make such arrangements as it considers appropriate.

15.   Matters to be considered regarding transfers

   In exercising its powers in connexion with the transfer of officers the Commission will have regard to the interest of the sector concerned with the officer proposed to be transferred, as well as the interests of the service generally.

16.   Seniority

   (1) Except as may be otherwise provided by the Commission, the relative seniority of officers within the Government Teaching Service or sectors shall be determined as follows—

   (a)   as between officers of the same grade, seniority shall be determined by reference to the dates on which they respectively entered the grade;

   (b)   as between officers of different grades with the same salary scale segment or same fixed salary, seniority shall be determined by reference to the date on which they respectively entered the grade;

   (c)   where under the provisions of paragraph (a) or (b), two or more officers would have equal seniority, their seniority relative to each other shall be determined by reference to their seniority on the date by which their seniority is calculated under paragraph (a) or (b):

         Provided that on that date such officers had equal seniority (by reason of first appointment) their seniority in relation to each other shall be determined by their respective ages;

   (d)   as between officers in different grades on different salary scale segments, their seniority relative to each other shall be determined by reference to the maximum point on the salary scale segment, a fixed salary being regarded for this purpose as a salary scale segment with a maximum point equivalent to that fixed salary.

   (2) When assessing the seniority of a permanent officer, service by himself or herself or any other officer in a non-permanent capacity shall be taken into account only in so far as during such service the officer or other person was fully qualified to serve on permanent terms in the post which he or she so occupied.

17.   Advertisements

   (a)   The Commission shall advertise vacant posts after it is advised of such vacancies by the Responsible Officer.

   (b)   The Commission shall advertise in electronic and/or print media with copies to the Responsible Officer to ensure prompt and wide distribution so that all eligible candidates in the Service have equal access and opportunity of applying.

18.   Interviews

   Interviews, written and/or oral shall be conducted to select the most suitable candidate for the post out of the eligible candidates.

19.   Consultation, selection boards and examinations

   The Commission may, in order to assist it in its functions relating to the appointment and promotion of officers—

   (a)   appoint a selection or interview board consisting partly or wholly of persons who are not members and determine the form of the report in which such a board is to tender its advice to the Commission;

   (b)   make arrangements for tests or examinations to be undertaken by candidates;

   (c)   consult with any person; and

   (d)   interview any applicant.

20.   Perfomance Appraisal Report

   Every Controlling Officer shall forward to the Commission, through the Responsible Officer a Performance Appraisal report annually during the month of January in the form set out in the appropriate form, regarding the performance of every teacher serving under him or her.

PART IV
DUTIES OF RESPONSIBLE OFFICER IN RELATION TO VACANCIES AND PROBATIONARY APPOINTMENTS

21.   Duty to report vacancies

   (1) When a vacancy occurs or it is known that a vacancy will occur, the Responsible Officer, unless authority to fill the vacancy has been delegated to him or her by the Commission shall report the vacancy to the Secretary and shall make a recommendation whether the vacancy should be filled by promotion, by transfer, by other appointment or by acting appointment or, give reasons why the vacancy should remain unfilled.

   (2) Such report shall be on Form GTSR 2 in the Second Schedule and shall contain the information therein specified.

   (3) If the Responsible Officer recommends that a vacancy should be filled by the appointment or promotion of an officer serving in the sector in which the vacancy occurs or will occur, he or she shall, when reporting the vacancy to the Secretary, forward a list of all the officers in that sector eligible for consideration who are senior to the recommended officer together with their records of service and that of the recommended officer, and shall give his or her reasons for recommending their supersession.

   (4) If the Responsible Officer does not recommend that such vacancy should be filled by the appointment or promotion of an officer serving in the sector in which the vacancy has occurred or will occur he or she shall when reporting the vacancy—

   (a)   report to the Secretary the names of the officers then serving in the grade from which the promotion could be made if there were a suitable officer available and shall state the reasons why he or she does not consider that the officers named are suitable for promotion to fill the vacancy; and

   (b)   forward to the Secretary a draft advertisement setting out the details, including duties of the vacant office, and the qualifications which must be held by the applicants for the office.

22.   Applications by officers and others

   (1) An officer who wishes to apply to fill a vacancy advertised by the Commission shall submit his or her application on form GTSR 3 through his or her Responsible Officer. The Responsible Officer shall forward the application to the Secretary with such comments as he or she may consider suitable.

   (2) Non-Serving officers shall be required to forward their application straight to the Commission.

23.   Appointments

   (1) When the Commission has selected a person for first appointment as a permanent officer his or her appointment shall be conditional upon a satisfactory medical report and the production of any evidence of his or her qualifications which the Commission has allowed to be deferred. Such apppointments shall be on probation in accordance with these Regulations.

   (2) The Secretary to the Commission shall issue minutes of the Commission carrying an appropriate numbering which he or she shall in turn send to the Responsible Officer. The Responsible Officer shall also complete an appropriate form which he or she shall send to the Commission.

   (3) Where the appointment is to be made on contract terms, particulars of the person selected shall be notified to the Secretary for Human Resource Management and Development by the Responsible Officer.

   (4) A first appointment may be made on temporary terms where the Commission considers it appropriate to do so.

24.   Delayed documentary evidence

   Where an applicant for a post claims to have qualifications for that post which claim would normally be capable of proof of documentary evidence and the applicant satisfies the Commission that there is good reason for delay in production of such evidence, the candidate shall be deemed to have been qualified for the post.

25.   Appointment on probation

   (1) An Officer, other than a contract officer, will on first appointment be engaged on probation.

   (2) The period of probation shall, subjets to the other provisions of these Regulations, be two years.

   (3) In case of delay in seeking, or reaching a decision by the Commission regarding confirmation, the probationary period shall be deemed extended until a decision is reached.

26.   Duties of Responsible Officer in relation to probationers

   (1) A Responsible Officer shall arrange for the performance of every probationer for whom he or she is responsible to be regularly supervised during his probationary period.

   (2) A Responsible Officer shall give his or her probationers such assistance as may be possible in correcting any faults, and should also consider whether the probationer should be posted or transferred, or placed under increased supervision in the performance of his or her duties; unsatisfactory probationer’s progress shall be brought to his or her attention by his or her Responsible Officer on an appropriate Form so that he or she may have reasonable time within which to correct his or her shortcomings.

   (3) Where the Responsible Officer is of the opinion that a probationer has not, within the time allowed, corrected the shortcomings of which were brought to his or her attention under subregulation (2) and is also of the opinion that the probationary appointment should be terminated before the expiration of the probationary period, he or she shall notify the probationer and make a report and recommendation to the Commission in accordance with subregulation (5) and thereupon if the Commission considers that there is doubt whether a probationer is a suitable person for retention in the service, the Commission may direct that the appointment of the probationer be terminated on giving the probationer thirty days’ notice.

   (4) Not later than three months before the expiration of the probationary period, the Responsible Officer of every probationer shall report and make his or her recommendation to the Commission in an appropriate form and in accordance with these Regulations.

   (5) If at any time it is intended by the Responsible Officer to submit an adverse report and recommendation to the Commission in respect of a probationer, the Responsible Officer shall notify the probationer of that intention in an appropriate form and allow him or her reasonable time within which to submit representations. On receipt of such representations, or the expiration of the period so fixed the Responsible Officer shall forward to the Commission—

   (a)   his or her recommendation in an appropriate form;

   (b)   a copy of any warning served on the probationer under subregulation (1) and any representations of the probationer at that time;

   (c)   a copy of the notice under this subregulation;

   (d)   the representation, if any, of the probationer; and

   (e)   his or her own comments on such representations.

   (5) Nothing in this regulation shall be construed in such a way as to prevent disciplinary proceedings being taken against a probationer for misconduct.

27.   Conclusion and extension of probationary any period

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