Public Service Act, 2008

1. Commencement

This Act shall come into force on a date appointed by the Minister by statutory instrument.

2. Interpretation

In this Act, unless the context otherwise requires—“common cadre” means a category of analogous public service positions whose post holders possess generic qualifications and competences and render management support to a line department in a Ministry or Local Government;“common cadre list” means the list of public service positions or employees that constitutes a common cadre and prescribed in the Third Schedule to this Act;“department” means an area of Government for which an officer responsible reports directly to the President or to the Parliament of Uganda, like the Audit General’s Department, Uganda Police Force, Uganda Prison Services etc.;“district” means a district referred to in article 5(2) of the Constitution and in the First Schedule to this Act;“District Service Commission” means the District Service Commission established by article 198 of the Constitution for each district;“Education Service Commission” means the Education Service Commission established by article 167 of the Constitution;“employee” means a person other than a public officer employed in the public service;“Government” means the Government of the Republic of Uganda;“Health Service Commission” means the Health Service Commission established by article 169 of the Constitution;“Judicial Service Commission” means the Judicial Service Commission established by article 146 of the Constitution;“Local Government” has the meaning assigned to it by the Local Governments Act, Cap. 243;“Minister” means the Minister responsible for the public service;“ministry” means a ministry of the Government specified in the Second Schedule to this Act, and includes a department of the Government in a ministry;“private sector” means the part of the economy not under direct Government control;“public office”, “public officer” and “public service” have the meanings respectively assigned to them by articles 175(a), 175 (b) and 257 (1) (w), (x) and (y) of the Constitution;“Public Service Commission” means the Public Service Commission established by article 165 of the Constitution;“regulations” means statutory instruments made by the Minister responsible for public service, provided for under section 18 of this Act;“service commission” means any commission established by the Constitution or by Parliament by law in conformity with the Constitution, and includes the Education Service Commission, the Health Service Commission, the Judicial Service Commission, the Public Service Commission and the District Service Commission.

3. Application

This Act does not apply to—(a)a person employed by the Government in an honorary capacity; or(b)a person remunerated by fees, allowances or commission.

4. Changes in Government ministries

Where any ministry is abolished or any ministry is established in addition to, or in lieu of any such ministry, or an alteration is made in the name of any ministry, upon notification of the fact in the Gazette, the Second Schedule shall be deemed to be amended in the following manner—(a)where any ministry is abolished or another ministry established in lieu of any such ministry, by the omission of the reference to the ministry which has been abolished or in lieu of which another ministry has been established;(b)where any ministry is established either in addition to or in lieu of any ministry, by the addition of the name of the ministry so established; and(c)where an alteration is made in the name of any ministry, by a similar alteration of the name of the ministry.

5. Objective of the public service

The objective of public service is to enable the Government to formulate and implement policies and programmes of Government for the development of Uganda.

6. Composition of the public service

The public service shall be composed of all persons duly appointed by the appropriate service commission or other relevant appointing authority to hold or act in any office in the public service.

7. Management and administration of the public service

8. Head of the Public Service

9. Deputy Head of the Public Service

10. Permanent Secretaries

11. Chief Administrative Officers and town clerks

12. Obligations of public officers in relation to the public service

Subject to the provisions of the constitution and any other written law, public officers shall—(a)owe allegiance and loyalty to the Government and shall advise on, develop and defend the policies of the Government at all times;(b)unreservedly tender advice to the Government in respect of the business of their ministry or department or district;(c)in performing their duties, be transparent, accountable, impartial and professional;(d)in performing their duties, exhibit expertise and integrity and portray a good image of the public service;(e)in performing their duties, apply such management techniques as may be prescribed to ensure economy, efficiency and cost effectiveness in service delivery; and(f)promote the growth and development of the private sector as the principal engine of growth of the economy.

13. Protection of public officers

In accordance with article 173 of the Constitution, a public officer shall not be—(a)victimized or discriminated against for having performed his or her duties faithfully in accordance with the Constitution; or(b)dismissed or removed from office or reduced in rank or otherwise punished without just cause.

14. Performance evaluation and disciplining of public officers

15. Rights and privileges of public officers

The rights and privileges of public officers shall be in accordance with the applicable law, including relevant statutory instruments, regulations and administrative instructions issued from time to time.

16. Participation in labour union activities by public officers

The participation of public officers in labour union activities shall be in accordance with the provisions of the Constitution and the applicable legislation providing for public service negotiating and disputes settlement machinery.

17. Minister’s power to amend Schedules

18. Regulations

The Minister shall, after consultation with the Public Service Commission and other appropriate Service Commissions, by statutory instrument, make regulations for giving full effect to the provisions of this Act.

19. Repeal