Local Government Service Act, 2008
Act 2 of 2008
- Published in Government Gazette no. 5 on 30 January 2008
- Commenced on 1 June 2008 by Legal Notice of 2008
- [This is the version of this document from 30 January 2008.]
Part I – Preliminary
1. Short title and commencementThis Act may be cited as the Local Government Service Act 2008 and shall come into operation on such date as the Minister may, by notice published in the Gazette, appoint.
2. InterpretationIn this Act, unless the context otherwise requires—"Act" means the Local Government Service Act 2007;"citizen" means a citizen of Lesotho;"Commission" means the Local Government Service Commission referred to in section 14;"Code of Conduct" means the Code of Conduct established under the Local Government Service Act 20071;"Conciliation Board" means the Board established under the Local Government Service Act 2007;"Council" means a Community Council, District Council, Urban Council or any Municipal Council, constituted for any community area, district area, urban area or municipal area respectively;"disciplinary action" means a formal or an informal action taken by management against an Officer who fails to conform with the rules and regulations governing officers or has committed any misconduct;"dispute of rights" means a dispute arising from a breach or contravention of the law, contract of employment or collective bargaining agreement;"dispute of interest" means a dispute over employment matters to which an officer or employer does not have an established right;"employer" means the Government of Lesotho represented by a local authority;"Head of Department" means an officer who is in charge of a department or an agency under his or her supervision or any other officer designated as such by the Minister;"Labour Court" means the Labour Court established under section 22 of the Labour Code Order 1992;"Local Authority" means a Community, District, Urban, Municipal Council;"Management" means the Head of Department, Head of Section or any other officer responsible for organising, controlling, planning, directing, and monitoring the work of other officers under his or her supervision;"member" means a member of the Local Government Service Commission;"Minister" means the Minister responsible for local government;"office of Chief" means the office of Principal Chief;"officer" means a person appointed by the Local Government Service Commission to the Local Government Service;"Service" means the Local Government Service;"Tribunal" means the Local Government Service Tribunal established under Section 26.
Part II – Local Government Service
3. Local Government ServiceThe Local Government Service constituted under the Local Government Act 19972 shall continue in existence and shall consist of:
4. Qualifications for appointments
5. Appointment to the Service
6. Entry and advancement within the Service
7. Transfer of officers
8. Pensions and gratuityFor the time being the laws governing pensions in the public service shall equally apply to the service.
11. TerminationAppointments in the Service may be terminated:
12. Powers of the Minister
Part III – Local Government Service Commission
13. Local Government Service Commission
14. QualificationsA person shall not be qualified to be appointed as a member of the Commission unless the person—
15. DisqualificationsA person shall be disqualified from being appointed or continuing as the Chairperson or a member of the Commission—
16. Temporary absenceWhere the Chairperson is, by reason of infirmity of body or mind or absence from Lesotho, temporarily unable to perform the duties of his office, the Minister may appoint any other member of the Commission to act in his place.
17. ResignationA member of the Commission, including the Chairperson, may resign his office by letter addressed to the Minister.
18. Tenure of officeThe term of office of a member, including the Chairperson, shall be five years which may be renewed for another term not exceeding five years.
19. Conduct of business
20. Remuneration of the membersThe Chairperson and other members of the Commission shall be entitled to receive such remuneration and allowances as the Minister may, with the concurrence of the Minister responsible for finance, determine.
21. Staff of the CommissionThe Commission shall be assisted by a Secretary and other members of staff who shall be appointed by the Commission and shall be members of the service.
22. Powers of the Commission
23. Powers of the Minister in relation to the Commission
24. Immunity of members of the CommissionNo action or other proceedings shall be brought against any member of the Commission or any other person acting under its authority for or in respect of any act done or omitted to be done in good faith in the exercise or purported exercise of its or his/her powers under this Act, any regulation, rule or by-law made thereunder.
Part IV – Codes of practice and discipline
25. Codes of good practice
Part V – Settlement of disputes
26. Legal representationIn any proceedings under this Part, a party to the dispute may be represented by a legal practitioner.
27. Conciliation Board
Part VI – Local Government Service Tribunal
30. Local Government Service Tribunal
Part VII – Miscellaneous
31. Freedom of association
33. RegulationsThe Minister may, by notice published in the Gazette, make regulations for the carrying into effect of this Act.
34. RepealsSections 38, 41 and Part VI (save for sections 67(1) and 74(1)) of the Local Government Act 1997 are repealed.
History of this document
01 June 2008
30 January 2008 this version
Published in Government Gazette number 5
|Local Government Service Regulations, 2011||Legal Notice 85 of 2011|