TOPIC 2: THE PUBLIC SERVICE IN TANZANIA

 LEGAL FRAMEWORK FOR PUBLIC SERVICE IN TANZANIA

 In Tanzania the major law regulating the Public Service is the Public Service Act, 2002 (Act no.8 of 2002) as amended by Act no. 19 of 2004, This Act repeals the Civil Service Act, 1989 (Act no.16 of 1989). The latter Act replaced the Civil Service Act, 1962 (Cap 509) .

 MEANING OF THE TERM PUBLIC SERVICE

 The term ‘Public Service’ has not been defined in the Public Service Act rather as per section 3 of the Act, there is the term ‘the Service’ which has been defined to mean the public service of the United Republic of Tanzania. 

 Public service has been defined to mean ; “the system or organization entrusted with the responsibility of overseeing the provision or directly providing the general public with what they need from their government or any other institution on behalf of the government as permissible by laws.

 And include the service in the civil service; the teacher’s service; the local government service; the health service; the immigration and the fire and rescue service, the executive agencies and the public institutions service and the operational service.”

 ORGANS OF CONTROL OF THE PUBLIC SERVICE

 THE PRESIDENT

 Article 36 of the Constitution of the United Republic of Tanzania , empowers the President to establish or abolish any office in the public service. 

 The Public Service Act also confers the President power to appoint various heads in the public service. Sections 4, 5, 9, and 14 of the Act envisage powers of the President to appoint various persons to discharge various duties in various organs in public service. 

 Apart from power to appoint, the President also is conferred power to remove or dismiss public servant from his office. The procedures in the event of a dismissal of a public servant from his office are provided under section 23 of the Act. The power to remove is provided under section 24 of the Act.

 THE CHIEF SECRETARY

 The Chief Executive of the Public Service of the United Republic of Tanzania is the Chief Secretary who is the appointee of the President. 

 As per section 4(1) of the Act, the President is empowered to appoint the Chief Secretary who shall be the Chief Executive officer of the service.

 The Chief Secretary is also the head of the public service and the secretary to the cabinet. His major role is to provide leadership, direction and image to the service.

 The main function of Chief Secretary as provided under section 4(3) of the Act, among other things is to ensure that public servant in the service are motivated and to ensure that public servant in the service are efficient and effectively performing.

 THE PUBLIC SERVICE COMMISSION

 It is established under section 9 of the Act. It is composed of a Chairman and not more than six other members appointed by the President. The commission deals with all servants falling under the categories of; The civil service, The local government service, The health service and The teachers service just to mention a few.

 Section 10(1) provides for the functions of the Commission and some of them include; to facilitate the appointment to posts in the public service and to ensure that service schemes are formulated and implemented effectively.

 EMPLOYMENT CONTRACTS IN PUBLIC SERVICE

 As per section 3 of the Act, a public servant is a person holding or acting in a public service office. A person can serve in the service of the United Republic of Tanzania through appointment to the public service office by any competent appointing authority through the laid down procedures.

 The term appointing authority has been defined under section 3 of the Public Service Act, 2002 to mean any person or authority exercising powers of making appointment to any public service office. 

 On the other hand the term ‘appointments’ has been defined under the Public Service Scheme, 2003 to mean recruitment of persons in the Public Service and it includes first appointments or appointments on promotion.

 As per Regulation 3 of the Public Service Regulations, 2003, Appointment may be; On Contract, Temporary Part time, Acting, Permanent or On Promotion.

 The terms of the Service are provided under Clause 29 (1) of the Public Service Schemes, 2003 where such terms include; Permanent and Pensionable, Agreement or Contract, Temporary month to month, Operational Service and Daily paid. 

 Appointments in the Public Service are governed by the; Constitution of the United Republic of Tanzania 1977 as amended from time to time, Act no.8 of 2002, Public Service Regulations, Public Service Recruitments Code of Practice, Public Service Code of Ethics and Conduct, Public Service Professional Codes of Ethics and Conduct and Administration Instructions or Orders

 The person to be recruited in the Public Service has to meet some necessary qualifications or requirements provided under Clause 31 of the Public Service Schemes, 2003. Such qualifications are; Academic qualification, Professional Competency, Age qualification, Good character and integrity, Experience and Citizenship.

 TERMINATION OF APPOINTMENTS IN PUBLIC SERVICE

 As per Clause 45 of the Schemes, the appointment in the public service can be terminated or determined or come to an end by either; Removal or retirement on public interest as per section 24 of the Act.

 A public servant may Retire on medical grounds as provided under Regulation 30, Retirement on abolition of office or re-organization of department as per Regulation 31 or by reasons of Age of retirement as per under Regulation 32 which is 60 years.

 RIGHTS WHICH A PUBLIC SERVANT IS ENTITLED TO HAVE

 Once appointed in the public service office, the Public Servant is entitled to have among other things, Subsistence allowance-Regulation 13, Remunerations-Regulation 20, Salary in accordance to the salary scales for the public servants-Regulation 20 and Annual leave granted once per year-Regulation 97.

 DUTIES WHICH A PUBLIC SERVANT HAVE

 While performing his functions in any public service office, the public servant among other things shall have the following duties, Take all reasonable precautions to protect his health and any health hazards-Regulation 106 and 110, Obediently implement the policies of the ruling party-Clause 49, Be neutral and impartial while delivering service to the public-Clause 50 and Serve with high standard of wisdom and integrity-Clause 52.

 QUESTIONS FOR FURTHER REFLECTIONS

1. The system of administration of public service in Tanzania is folded in such a way that there is no clear legal framework that provide for specific organs which deal with the welfare of public servants in Tanzania. Critically examine the validity of this statement.

2. The powers of the President in as far as issues relating to public service in Tanzania are concerned, are enormous to the extent that when they threaten the major aim of the law in ensuring that public service is improved and becomes efficient in its operations. Discuss

3. The laws regulating public service in Tanzania guarantee for welfare of a public servant from the start of his/her service till the end of it. And there is no way the security of tenure of a public servant can be put into jeopardy through any administrative act. With authorities justify this argument.