Zimbabwe 2013 Constitution (reviewed 2017)

CHAPTER 10. CIVIL SERVICE

199. Civil Service

1. There is a single Civil Service, which is responsible for the administration of Zimbabwe.
2. The Civil Service consists of persons employed by the State other than–
   1. members of the security services and any other security service that may be established;
   2. judges, magistrates and persons presiding over courts established by an Act of Parliament;
   3. members of Commissions established by this Constitution;
   4. the staff of Parliament; and
   5. any other person whose office or post is stated, by this Constitution or an Act of Parliament, not to form part of the Civil Service.
3. An Act of Parliament must provide for the organisation, structure, management, regulation, discipline and, subject to section 203, the conditions of service of members of the Civil Service.

200. Conduct of members of Civil Service

1. Members of the Civil Service must act in accordance with this Constitution and the law.
2. No member of the Civil Service may obey an order that is manifestly illegal.
3. No member of the Civil Service may, in the exercise of their functions–
   1. act in a partisan manner;
   2. further the interests of any political party or cause;
   3. prejudice the lawful interests of any political party or cause; or
   4. violate the fundamental rights or freedoms of any person.
4. Members of the Civil Service must not be office-bearers of any political party.
5. An Act of Parliament must make provision to ensure the political neutrality of the Civil Service.

201. Minister responsible for Civil Service

The President must appoint a Minister to be responsible for the Civil Service.

202. Establishment and composition of Civil Service Commission

1. There is a Civil Service Commission consisting of–
   1. a chairperson and deputy chairperson; and
   2. a minimum of two and a maximum of five other members;

   appointed by the President.

2. Members of the Civil Service Commission must be chosen for their knowledge of or experience in administration, management or the provision of public services.

203. Functions of Civil Service Commission

1. The Civil Service Commission has the following functions–
   1. to appoint qualified and competent persons to hold posts in the Civil Service;
   2. subject to section 65(5), to fix and regulate conditions of service, including salaries, allowances and other benefits, of members of the Civil Service;
   3. to exercise control and disciplinary powers over members of the Civil Service;
   4. to investigate grievances and to remedy the grievances of members of the Civil Service concerning official acts or omissions;
   5. to implement measures to ensure effective and efficient performance within, and the general well-being of, the Civil Service;
   6. to ensure that members of the Civil Service carry out their duties efficiently and impartially;
   7. to advise the President and the Minister on any matter relating to the Civil Service;
   8. to promote throughout the Civil Service the values and principles set out in this Constitution; and
   9. to exercise any other function that is conferred or imposed on the Commission by this Constitution or an Act of Parliament.
2. The Civil Service Commission, with the approval of the Minister responsible for the Civil Service, may make regulations for any of the purposes set out in subsection (1).
3. The Civil Service Commission must exercise its functions in accordance with any general written policy directives which the Minister responsible for the Civil Service may give it.
4. In fixing the salaries, allowances and other benefits of members of the Civil Service, the Civil Service Commission must act with the approval of the President given on the recommendation of the Minister responsible for finance and after consultation with the Minister responsible for the Civil Service.

204. Ambassadors and other principal representatives of Zimbabwe

The President may appoint persons to be ambassadors or other principal representatives of Zimbabwe in other countries or to be accredited to international organisations and may, at any time, remove those persons from their posts.

205. Permanent Secretaries

1. Permanent Secretaries of Ministries are appointed by the President after consultation with the Civil Service Commission.
2. The term of office of a Permanent Secretary is a period of up to five years, and is renewable once only subject to competence, performance and delivery.