CHAPTER 2:08
PARLIAMENTARY SERVICE

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ESTABLISHMENT OF PARLIAMENTARY SERVICE

   3.   Establishment of Parliamentary Service

   4.   Duties of the Parliamentary Service

   5.   Parliamentary Service code of conduct

PART III
ESTABLISHMENT OF PARLIAMENTARY SERVICE COMMISSION

   6.   Establishment of Parliamentary Service Commission

   7.   Composition of the Commission

   8.   Vacancy of office of Chairman

   9.   Vacation of office by appointed members

   10.   Membership of the Commission on expiration of term of the National Assembly

   11.   Functions of the Commission

   12.   Meetings of the Commission

   13.   Procedure of the Commission

   14.   Committees of the Commission

   15.   Remuneration and expenses of members, etc.

PART IV
PARLIAMENTARY STAFF

   16.   Clerk of the National Assembly

   17.   Tenure of office of Clerk

   18.   Delegation of powers of Clerk

   19.   Appointment of other employees of the Parliamentary Service

   20.   Salary and terms of conditions of service of employees

   21.   Retiring age

   22.   Application of cap. 1:03

   23.   Individual contracts of service

   24.   Employment of experts

   25.   Provision of services

PART V
FINANCIAL PROVISIONS

   26.   Funds of the Commission

   27.   Books and other records of accounts, audit and reports of the Commission

   28.   Holdings of funds of the Commission

   29.   Financial year

   30.   Annual report

   31.   By-laws

PART VI
TRANSITIONAL PROVISIONS

   32.   Persons employed in the Public Service to become persons employed in the Parliamentary Service

35 of 1998

An Act to establish a Parliamentary Service and a Parliamentary Service Commission, and to provide for matters incidental thereto

[4TH DECEMBER 1998]

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Parliamentary Service Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “Commission” means the Parliamentary Service Commission established under section 5;

   “Clerk” means the Clerk of the National Assembly appointed under section 16;

   “Deputy Speaker” means a Deputy Speaker of the National Assembly;

   “employee”, in relation to the Parliamentary Service, means a person employed therein, whether on the permanent staff (including any person employed on probation) or temporarily or as a wage worker; but does not include a person engaged under a contract of service entered into under section 23;

   “officer”, in relation to the Parliamentary Service, means an employee of the Parliamentary Service other than a person employed on probation or a temporary salaried employee or a wage worker;

   “Parliamentary Service” means the service established under section 3;

   “Standing Orders” means the Standing Orders of the National Assembly;

   “Speaker” means the Speaker of the National Assembly.

PART II
ESTABLISHMENT OF PARLIAMENTARY SERVICE

3.   Establishment of Parliamentary Service

   (1) There is hereby established a service to be called the Parliamentary Service (in this Act otherwise referred to as the “Parliamentary Service”).

   (2) The Parliamentary Service shall be separate and independent from the Civil Service.

4.   Duties of the Parliamentary Service

   (1) The principal duties of the Parliamentary Service shall be to provide to the National Assembly and to Members of the National Assembly such administrative and support services as may be necessary or desirable to facilitate the efficient operation of the National Assembly and the efficient carrying out by Members of the National Assembly of their duties, and without prejudice to the generality of the foregoing the Parliamentary Service shall—

   (a)   provide professional impartial advice and support for the National Assembly;

   (b)   provide non-partisan and impartial advice and services to the National Assembly, its committees and Members of the National Assembly;

   (c)   exhibit the highest ethical standards;

   (d)   perform its functions with probity and be accountable for its actions to the National Assembly;

   (e)   establish cooperative workplace relations based on consultation and communication;

   (f)   provide a fair, flexible, safe and rewarding workplace;

   (g)   focus on achieving results and management performance;

   (h)   use the resources of the National Assembly properly and cost-effectively; and

   (i)   perform such other duties as may be conferred or imposed on it by or under this Act or any other written law, or by resolution of the National Assembly.

   (2) Nothing in this section limits the provision to the National Assembly and to Members of the National Assembly of administrative and support services by an instrument of the Government of Malawi, whether a Department, a corporation or an agency.

5.   Parliamentary Service code of conduct

   (1) Every employee shall, in the course of his employment—

   (a)   behave honestly and with integrity;

   (b)   act with care and diligence;

   (c)   treat everyone with respect and courtesy, and without harassment;

   (d)   comply with all laws of Malawi;

   (e)   comply with any lawful and reasonable direction given by a person in charge of the Department in which he is employed, and who has authority to give the direction;

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