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CHAPTER 13
The Public Service Commission
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Article
112 - Establishment |
| (1) |
There shall be established
a Public Service Commission which shall have the function of
advising the President on the matters referred to in Article
113 hereof and of reporting to the National Assembly thereon. |
| (2) |
The Public Service
Commission shall be independent and act impartially. |
| (3) |
The Public Service
Commission shall consist of a Chairperson and no fewer than three
(3) and no more than six (6) other persons nominated by the President
and appointed by the National Assembly by resolution. |
| (4) |
Every member of
the Public Service Commission shall be entitled to serve on such
Commission for a period of five (5) years unless lawfully removed
before the expiry of that period for good and sufficient reasons
in terms of this Constitution and procedures to be prescribed
by Act of Parliament. Every member of the Public Service Commission
shall be eligible for reappointment. |
Article
113 - Functions |
| The functions of
the Public Service Commission shall be defined by Act of Parliament
and shall include the power: |
| (a) |
to advise the President
and the Government or: |
| |
(aa) |
the appointment of suitable
persons to specified categories of employment in the public service,
with special regard to the balanced structuring thereof; |
| |
(bb) |
the exercise of adequate disciplinary
control over such persons in order to assure the fair administration
of personnel policy; |
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(cc) |
the remuneration and the retirement
benefits of any such persons; |
| |
(dd) |
all other matters which by law
pertain to the public service; |
| (b) |
to perform all functions
assigned to it by Act of Parliament; |
| (c) |
to advise the President
on the identity, availability and suitability of persons to be
appointed by the President to offices in terms of this Constitution
or any other law. |
|
CHAPTER
15
The Police and Defence Forces
and The Prison Service
|
Article
115 - Establishment of the Police Force |
| There shall be established
by Act of Parliament a Namibian police force with prescribed
powers, duties and procedures in order to secure the internal
security of Namibia and to maintain law and order. |
Article
116 - The Inspector-General of Police |
| (1) |
There shall be an Inspector-General
of Police who shall be appointed by the President in terms of
Article 32 (4)(c)(bb) hereof. |
| (2) |
The Inspector-General of Police
shall make provision for a balanced structuring of the police
force and shall have the power to make suitable appointments
to the police force, to cause charges of indiscipline among members
of the police force to be investigated and prosecuted and to
ensure the efficient administration of the police force. |
Article
117 - Removal of the Inspector-General of Police |
| The President may
remove the inspector-General of Police from office for good cause
and in the public interest and in accordance with the provisions
of any Act of Parliament which may prescribe procedures considered
to be expedient for this purpose. |
Article
118 - Establishment of the Defence Force |
| (1) |
There shall be established by
Act of Parliament a Namibian Defence Force with prescribed composition,
powers, duties and procedures, in order to defend the territory
and national interests of Namibia. |
| (2) |
The President shall be the Commander-in-Chief
of the Defence Force and shall have all the powers and exercise
all the functions necessary for that purpose. |
Article
119 - Chief of the Defence Force |
| (1) |
There shall be a Chief of the
Defence Force who shall be appointed by the President in terms
of Article 32(4)(c)(aa) hereof. |
| (2) |
The Chief of the Defence Force
shall make provision for a balanced structuring of the defence
force and shall have the power to make suitable appointments
to the defence force, to cause charges of indiscipline among
members of the defence force to be investigated and prosecuted
and to ensure the efficient administration of the defence force. |
Article
120 - Removal of the Chief of the Defence Force |
| The President may
remove the Chief of the Defence Force from office for good cause
and in the public interest and in accordance with the provisions
of any Act of Parliament which may prescribe procedures considered
to be expedient for this purpose. |
Article
121 - Establishment of the Prison Service |
| There shall be established
by Act of Parliament a Namibian prison service with prescribed
powers, duties and procedures. |
Article
122 - Commissioner of Prisons |
| (1) |
There shall be a Commissioner
of Prisons who shall be appointed by the President in terms of
Article 32(4)(c)(cc) hereof. |
| (2) |
The Commissioner of Prisons
shall make provision for a balanced structuring of the prison
service and shall have the power to make suitable appointments
to the prison service, to cause charges of indiscipline among
members of the prison service to be investigated and prosecuted
and to ensure the efficient administration of the prison service. |
Article
123 - Removal of the Commissioner of Prisons |
| The President may
remove the Commissioner of Prisons from office for good cause
and in the public interest and in accordance with the provisions
of any Act of Parliament which may prescribe procedures considered
to be expedient for this purpose. |