Public Service Regulations, 2008
Legal Notice 78 of 2008
- Published in Government Gazette no. 38 on 2 June 2008
- Assented to on 26 May 2008
- Commenced on 2 June 2008
- [This is the version of this document from 2 June 2008.]
1. Citation and commencementThese Regulations may be cited as the Public Service Regulations 2008 and shall come into operation on the date of publication in the Gazette.
3. Conditions of service under other lawsThe provisions of any law relating to conditions of service that are not covered by these Regulations, apply to the extent provided in that law.
4. Modification of regulationsIf circumstances develop which justify deviation from a provision of and measure in a particular regulation which prejudices a public officer, the Minister may make a determination or issue a directive that an alternative provision and measures be applied.
5. Power to delegateIf a regulation imposes a duty or confers a power on an officer, the officer may, in writing, delegate that power or that duty to a specified officer, and anything done or omitted by that specified officer under that delegation shall have effect as if done or omitted by the officer upon whom the power or duty was conferred by that regulation.
6. Public service formsThe Minister shall determine forms to be applicable for the management of the public service which shall be published in the Gazette.
Appointments, mobility and termination of service
Part A – Appointments
Division I - Appointment into the public service
7. Delegation of power to appoint public officersThe Commission may, with the consent of the Prime Minister and by directions in writing and subject to such conditions as it thinks fit, delegate to the Head of Department its power under section 6 of the Act to engage officers on temporary, casual, contract and permanent and pensionable terms.
8. Permanent and pensionable terms
9. Contract terms
10. Temporary terms
11. Casual terms
12. Medical examination
13. Oath of office and secrecy
14. Posting on first appointmentSubject to the provisions of the Act and these Regulations an officer may be posted to any public office in or outside Lesotho by the Minister or within the Ministry, Department or Agency by the Head of Department with the concurrence of the relevant Minister as may be necessary for operational requirements of the job.
15. Next of kin and beneficiaryAn officer on first appointment shall notify, on a relevant form, his or her Head of Department of the name and address of his or her next-of-kin and beneficiary and any subsequent changes, which shall be recorded in the officer’s personal file.
16. Secondment appointment
17. Acting appointment
18. Special assignment
19. Ministerial appointment
Division II - Recruitment
20. Recruitment and selection policyA recruitment and selection policy made pursuant to section 10(2)(b) of the Act shall be adhered to by all public officers involved in the recruitment and selection process.
21. Employment processThe process of employment shall be fair, equitable and aligned to the Act and regulations and government policies.
22. Recruitment against established positionsRecruitment shall be against an established position and in accordance with the job description and requirements of the specified job.
23. Advertisement of positions and screening of applicationsThe Human Resources Department in every ministry, department or agency shall—
Division III - Selection
24. Competency assessment
25. Short-listing of candidates
26. Selection of best candidateThe Commission shall make the final selection of the best candidate and advise the relevant ministry, department or agency.
27. Expenses incurred for purposes of interview on first appointmentA candidate for first appointment, who is required to appear for interview, shall be reimbursed the costs incurred by him or her with respect to the interview. The cost shall include transport to and from the place of interview, food while at the place of interview, and lodging if he or she is compelled to spend the night at the place of interview.
28. Offer of appointmentAn offer of appointment shall be made to the successful candidate in such form as the Minister may determine.
29. Assumption of dutyThe successful candidate shall report for duty within a period of 30 days from the date the offer of appointment was made. Where the candidate cannot report for duty within the specified time he or she shall contact the Human Resource Department in the relevant ministry, department or agency concerned to make alternative arrangements.
30. Development assessment
Part B – Staff mobility
32. Transfer of public officers
33. Settlement allowance and accommodation on transfer
34. Compensation for damages on transferWhere an officer incurs loss of or damage to property in the course of the transfer, the Head of Department in the Ministry of Finance may compensate the officer for the loss or damage, if satisfied that—
36. Mobility of officers from other appointing authorities
Part C – Termination of appointment
37. Retirement procedure
38. Retirement on medical grounds
40. DismissalA public officer’s appointment may be terminated by the Head of Department by way of dismissal for a misconduct after a fair hearing instituted in accordance with the Disciplinary Code.
41. Terminal benefits
42. Death of an officerA public officer's appointment shall be terminated upon the officer’s death.
43. Certificate of serviceA certificate of service shall be issued to an officer, on request, when the officer leaves the public service and shall be in such form as the Minister may determine.
Remuneration, benefits and allowances
Part A – Remuneration
44. Remuneration policy
45. Job evaluation and grading system
46. Salary entitlement and paymentA public officer shall be entitled to a salary for services rendered as shall be determined by the Minister after consultation with the Minister responsible for Finance which shall be as set out in the establishment list in respect of the office and shall be paid in accordance with the Finance Regulations.
47. Incremental credit on first appointmentThe Principal Secretary may, in consultation with the Minister, award incremental credit on first appointment for previous relevant experience or recognized additional qualifications in order to aid recruitment through flexible remuneration packages.
48. Salary on promotion
49. Salary during absence without permission
Part B – Benefits
50. Determination on types of benefitsThe Minister shall, in consultation with the Minister responsible for Finance and after consultation with an association, if any, recognized by the Minister pursuant to section 22(2) of the Act, determine benefits for public officers.
51. Car loan scheme
52. Housing loan guarantee scheme
53. Medical aid schemeAn officer serving on permanent and pensionable or contract terms of service is eligible to join a medical aid scheme, where such a scheme exists within the public service to which both the government and public officers shall contribute a percentage to be determined by the Minister in consultation with the Minister responsible for Finance if the officer qualifies for membership under the requirements of the Scheme.
54. Public Officers’ Defined Contribution Pension Fund
55. Government housing
56. Government vehicle
57. Utilization of Government vehicles
58. Management of benefitsThe Minister shall develop policies and procedures for the management of the benefits in the public service.
Part C – Allowances
59. Determination of allowances
60. Acting allowanceActing allowance is payable to an officer who is appointed to act in a senior office in the absence of the substantive holder of that office in accordance with regulation 17.
61. Local subsistence allowance
62. Entertainment allowanceThe Principal Secretary with the concurrence of the Minister and in consultation with the Minister responsible for Finance shall, at the beginning of every financial year, issue a list of posts eligible for entertainment allowance.
63. Hardship allowance
64. International subsistence allowance
65. Training allowance
66. Dependant’s allowanceAn officer who is on study leave is entitled to full salary for the first 6 months and thereafter dependants allowance at half the salary for the remainder of the training period.
67. Excess baggage allowanceAn officer selected for a long-term training course abroad shall, when returning to Lesotho, be entitled to an allowance of excess baggage if—
68. Sitting allowanceAn officer selected to be a member of a board, tribunal or other ad hoc or an administrative body created by law is entitled to a sitting allowance except where the officer is an ex-officio member.
69. Motor mileage allowanceMotor mileage allowance is payable to an officer who is authorised to use his or her motor vehicle for duty purposes, only to the extent of the authority given by the Head of Department with the concurrence of the relevant Minister.
70. Equine allowanceEquine allowance is payable to an officer who is required to maintain a horse for the performance of his or her duties, only to the extent of the authority given by the Head of Department with the concurrence of the relevant Minister.
71. Hospitality allowanceWhere an officer accommodates another officer (host) overnight, the host shall be paid hospitality allowance by the accommodated officer.
72. Retention allowanceRetention allowance is payable to an officer who possesses scarce skill for retention purposes.
73. Claims for allowancesThe Principal Secretary shall provide for adequate procedures for claiming allowances.
Leave of absence
74. Annual leave
75. Leave yearThe leave year shall run concurrently with the financial year of the Government.
76. Non accumulation of leave
77. Payment in-lieu of leaveNo payment in lieu of leave shall be made except in the case of the officer’s death.
78. Days of rest for officer on long-term trainingAn officer on long term training shall not be entitled to leave but upon return from the training may be granted 10 working days leave before resuming his or her duties.
79. Compassionate leaveThe Minister shall, after consultation with an association recognised by the Minister pursuant to section 22(2) of the Act, if any, determine the number of days to be granted to an officer on compassionate grounds.
80. Sick leaveThe Minister shall, after consultation with an association recognised by the Minister pursuant to section 22(2) of the Act, if any, determine the number of days to be granted to an officer who is absent from work on medical grounds.
81. Maternity leaveThe Minister shall, after consultation witn an association recognised by the Minister pursuant to section 22(2) of the Act, if any, determine the number of days to be granted to an expectant female officer for maternity purposes.
82. Unpaid leaveThe Minister shall, after consultation with an association recognised by the Minister pursuant to section 22(2) of the Act, if any, determine the number of days to be granted to an officer who requested unpaid leave for reasons that need his or her attentions if the officer has expended all his or her annual leave.
Performance Management System
83. Performance management
84. Performance contractsOfficers on Grade I and above shall enter into performance contract with their immediate supervisors.
85. Operational plans
86. Individual work planEvery public officer shall, with his or her immediate supervisor prepare an individual work plan for each financial year based on the job description and individual assignments of the officer linked to the operational plan of the ministry, department or agency.
87. Performance appraisal
88. Performance rewards
90. ReportingMinistries, departments and agencies shall report progress against objectives through quarterly and annual reports.
91. Monitoring and evaluation
Training and development
92. Training and Development PolicyPursuant to section 10(2)(b) of the Act, there shall be a Training and Development Policy developed by the Ministry responsible for the public service after consultation with an association, if any, recognised by the Minister pursuant to section 22(2) of the Act, whose main objective shall be to provide and maintain clear guidelines, that promote consistent decisions in the management of training and development.
93. Training and development plans
94. Types of training
95. Eligibility for training and development
96. Study leave for training and development
97. Bonding agreement
98. Sponsored programmes
Part A – Interpretation
99. InterpretationIn this Chapter unless the context otherwise requires—"Head of Mission" means Ambassador or High Commissioner or Consul General or any other principal representative of Lesotho in another country;"Minister" means the Minister responsible for foreign affairs and international relations;"Ministry" means the Ministry of Foreign Affairs and International Relations;"Principal Secretary" means the Principal Secretary responsible for the Ministry of Foreign Affairs and International Relations.
Part B – Application
100. Application of this ChapterThis chapter applies only to members of the foreign service serving in diplomatic missions or consular posts abroad.
101. Application of other ChaptersMembers of the foreign service serving in diplomatic missions or consular posts abroad are public officers in accordance with section 154 of the Constitution and are subject to the provisions of the other chapters of these regulations except where a provision of those chapters conflicts with a provision of this Chapter, which shall, in that case, apply to the extent of that conflict.
Part C – Appointments
102. Service abroad
103. Posts in diplomatic missionsThe posts in diplomatic missions shall be as follows—
104. Positions in consular postsA member of a consular post shall hold office within one of the following positions—
105. Acting appointment
Part D – Taxation
106. TaxationBasic salaries of members of the staff of a mission shall be taxable in Lesotho in accordance with any law relating to taxation and all foreign service allowance shall be exempt from taxation.
Part E – Service allowances
107. Determination of allowancesThe Minister responsible for Public Service shall, on the advice of the Minister responsible for Foreign Affairs and International Relations and in consultation with Minister responsible for Finance, determine allowances applicable to the foreign service.
108. Non-accountable foreign service allowance
109. Acting allowance
110. Education allowance
111. Accountable entertainment allowance
112. Children’s allowance at post and separate domicile allowance
113. Travel and subsistence allowance
114. Allowance for spouse or childWhere a spouse or child of a public officer is eligible for subsistence allowance, the subsistence allowance applicable to the public officer shall also apply to the spouse or child, except that half the normal rate shall be paid in respect of a child under the age of 4.
115. Allowance for servantsSubsistence allowance shall be payable at full rate in respect of a domestic servant of the Head of Mission on the way from and to Lesotho and on transfer to another mission.
116. Clothing allowance
117. Hardship areaThe Minister may designate certain areas to which public officers are posted as hardship areas and where such designation has been made the Principal Secretary may direct that special arrangement be made to enable officers to access basic amenities even beyond their country of accreditation.
118. Setting-up allowance
119. Disturbance allowanceWhen an officer is transferred from one mission to another or recalled to Lesotho from a post abroad, he or she is entitled to a disturbance allowance, at the rate of 50% of the officer’s monthly foreign service allowance.
120. Baggage allowance
Part F – Benefits
121. Determination of benefitsThe Minister responsible for public service shall, on the advice of the Minister in consultation with the Minister responsible for Finance, determine benefits for public officers in the foreign service.
123. Hotel accommodation
124. Travel and transport
125. Medical treatment
Part G – Tour of duty
126. Tour of duty
127. Report to host country on recall or transfer
Part H – Leave
128. Foreign service leave
129. Sick leave
130. Passage and leave on compassionate groundsWhere a public officer travels on compassionate grounds the following conditions shall apply—
131. Passage and leave for domestic workers
Part I – Other terms and conditions
134. Marriage and divorce
135. Dress and foreign decorations
136. Legal proceedings against officers
137. Health and safety
138. Compensation for occupational injuries
139. Safe custody of Government propertyA public officer shall not improperly use property or stores that are for the time being in his or her official custody or control and shall ensure safe custody of such property or stores.
140. Private employment and private interests
141. Disclosure of interests by public officers
142. Discipline in the public service
143. Active participation in politics
144. RepealThe Public Service Regulations 19698 are repealed.
History of this document
02 June 2008 this version
Published in Government Gazette number 38
26 May 2008