UNIFIED LOCAL GOVERNMENT SERVICE: SUBSIDIARY LEGISLATION

Application for the constitution of any local government office shall be made to the Establishment Secretary by a principal officer and every such application shall state-

(a) the title of the office;

(b) the salary or salary scale to be attached to such office;

(d) the reason why the constitution of such office is considered desirable;

(e) the qualifications which will be required of any holder of the proposed office and the duties which any such holder will be required to perform;

(f) whether or not funds are available; and

(g) such other matters as the Establishment Secretary may require.

5. Abolition of local government office

Application for the abolition of any local government office shall be made to the Establishment Secretary by the principal officer and every such application shall state-

(a) the reason why it is considered desirable that the office should be abolished; and

(b) such other matters as the Establishment Secretary may require.

PART III
Appointment and Termination of Appointments (regs 6-10)

6. Notification of vacancies

(1) Where a vacancy occurs or it is expected that a vacancy will occur in any local government office, the principal officer shall notify the Establishment Secretary and shall state whether, in his opinion, the vacancy should be filled by the promotion of an officer serving in the local authority in which the office exists.

(2) Where a principal officer recommends the promotion or transfer of an officer serving in the local authority in which the office exists, he shall furnish to the Establishment Secretary the record of service in Botswana of the officer recommended, together with the names of any officers in the local authority who would be superseded and his reasons for recommending their supersession.

(3) Where the principal officer is unable to recommend the promotion or transfer of an officer serving in the local authority to fill the vacancy, he shall report to the Establishment Secretary the names of the officers serving in the cadre or grade from which promotion or transfer would normally be made, together with his reasons for not recommending those officers for promotion or transfer.

7. Advertisement

(1) Subject to the provisions of subregulation (2) and to any directions of the Minister, applications for appointment to vacant offices shall be invited by public advertisement in Botswana in such manner as may be determined by the Establishment Secretary.

(2) A vacant office shall not be advertised-

(a) where the Establishment Secretary is satisfied that the office should be filled by the promotion, or re-engagement of an officer serving in the local authority in which the vacancy exists or the continued employment of an officer on temporary terms; or

(b) where the Establishment Secretary is satisfied that there is no reasonable likelihood of any application being received in response to advertisements in Botswana from a candidate who is qualified and suitable.

8. Selection of candidates

As between officers having the same degree of preference, qualifications and experience, proven merit and suitability for the post in question will be given greater weight than seniority.

9. Termination of appointment other than on disciplinary grounds

(1) If it appears to the Establishment Secretary that there is reason why an officer who may be called upon to retire under the provisions of section 12(3) of the Act should be called upon to retire, the Establishment Secretary shall advise the officer that his compulsory retirement is under consideration and ask him if he wishes to make any representation of a personal nature on the matter.

(2) The principal officer shall forward such representations, if any, together with his own observations, to the Establishment Secretary who will decide whether such officer should be called upon to retire.

10. Cases not covered by this Part

Any case not covered by this Part of these Regulations shall be dealt with in accordance with such directions as may, from time to time, be given by the Minister.

PART IV
Discipline (regs 11-28)

11. Disciplinary control to be prompt

Where disciplinary proceedings are to be or may be taken against any officer the appropriate procedure shall be commenced as soon as possible.

12. Preliminary investigation

(1) Where a principal officer becomes aware of allegations of misconduct against an officer he shall, if he is of the opinion that disciplinary proceedings may be necessary, instruct some other officer even if employed by another local authority or a public officer, of a rank not less senior than the officer against whom the allegations of misconduct have been made, to hold a preliminary investigation into such allegations.

(2) If following the preliminary investigation the principal officer is of the opinion that there is a prima facie case against the officer concerned he shall prepare a list of charges against the officer in such form as may be prescribed in General Orders, with such modifications as may be necessary in any particular case.

(3) The list of charges shall be sent to the officer against whom they are made and he shall be informed that he has such period, being not less than 14 days, as appears reasonable in all the circumstances to the principal officer, to reply in explanation of the charges against him.

13. Reporting cases to the Establishment Secretary

(1) If the officer does not reply to the charges made against him under regulation 12 within the time specified or if he fails to exculpate himself from the charges to the satisfaction of the principal officer, the latter shall then prepare and report the case to the Establishment Secretary.

(2) In reporting the case to the Establishment Secretary the principal officer shall forward-

(a) a copy of the preliminary investigation made under regulation 12;

(b) a copy of the charges preferred against the officer; and

14. Salary of an officer during interdiction

(1) When reporting to the Establishment Secretary under section 19 of the Act, a principal officer shall supply the Establishment Secretary with particulars of the officer’s salary, his financial commitments (including current deductions from salary) and the size of his family.

(2) If the Establishment Secretary decides that an officer shall be interdicted the principal officer shall inform the officer in writing of his interdiction, and of the amount of salary which will be paid to him during the period of interdiction.

15. Salary following conviction

(1) Where a local government officer’s emoluments have ceased by virtue of the provisions of section 20 of the Act, the principal officer concerned shall notify the Establishment Secretary of the date of cessation of emoluments.

(2) On receiving a notification under subsection (1) the Establishment Secretary shall, as soon as may be, decide whether any emoluments shall be paid to such officer during the period of his imprisonment and pending the taking of disciplinary proceedings against him and shall notify the principal officer accordingly.

16. Action on receiving report by Establishment Secretary

(1) When the Establishment Secretary has received the report of a preliminary investigation he may-

(a) call for additional statements or other information relative to the charges preferred against the local government officer as he deems necessary;

(b) decide to take no further action in the matter and inform the local government officer concerned;

(d) conduct an enquiry himself.

(2) A Committee of Enquiry shall consist of three officers who shall be of a rank not less senior than that of the officer in respect of whom the enquiry is being held and may be public officers.

(3) A Committee of Enquiry appointed by the Establishment Secretary shall enquire into the charges which have been laid and shall at the conclusion of the enquiry advise the Establishment Secretary whether or not in its opinion all or any of the charges of misconduct have been proved:

Provided that where the Establishment Secretary has not delegated his powers under section 6(2) of the Act, he shall conduct all disciplinary procedures under regulations 12 and 13.

17. Finding of enquiry

Upon the conclusion of any enquiry the Establishment Secretary shall inform the officer in respect of whom the enquiry was held as to which, if any, of the charges of misconduct have been proved and of the punishment, if any, which he has awarded.

18. Powers of principal officer

In cases where a principal officer is the appointing authority by virtue of a delegation made under section 6(2) of the Act, the powers and duties vested in principal officers under regulations 12(2) and 13(1) shall be vested in the officer holding the preliminary investigation.

19. Criminal proceedings against an officer

(1) If a preliminary investigation indicates that an offence against any law may have been committed by an officer, the Establishment Secretary shall, unless it is clear that police action has been or is about to be taken, consult the Director of Public Prosecutions and obtain his opinion as to whether a prosecution should be instituted against the officer.

(2) In consulting the Director of Public Prosecutions the Establishment Secretary shall provide a detailed statement of the case, as it is known to him.

20. Criminal proceedings, action required by police and judicial officers

(1) The police officer commanding a district shall inform the principal officer concerned immediately he knows that an officer is to be prosecuted, copying the communication to the Establishment Secretary; such police officer shall provide the officer’s full name, his appointment and the nature of the alleged offence.

(2) A judicial officer who tries any criminal proceedings against an officer shall, immediately the proceedings are completed, inform the Establishment Secretary of the outcome and as soon as possible thereafter send three certified copies of the case record to the Establishment Secretary.

21. Disciplinary action while criminal proceedings are pending

Disciplinary proceedings may be brought and concluded against an officer notwithstanding that criminal proceedings arising out of the same facts are being investigated or pending against that officer:

Provided that no statement made or evidence given by the officer in the disciplinary proceedings shall be used against the officer in any criminal proceedings arising out of the same facts.

22. Disciplinary action following criminal conviction

(1) If an officer has been convicted of a criminal offence the appointing authority may accept without further proof that the officer committed the offence of which he was convicted upon production before him of a certified copy of the record of the criminal proceedings.

(2) If an officer has been convicted of a criminal offence for which he has been sentenced to a term of imprisonment without the option of a fine, the appointing authority may, upon production of a certified copy of the criminal proceedings, dismiss the officer without instituting disciplinary proceedings against him.

23. . . .

24. Punishments

The following punishments may be inflicted upon a local government officer-

(a) dismissal, that is, termination of appointment with forfeiture of all retirement benefits and all other benefits accruing as a result of local government service in accordance with the provisions of any law for the time being in force;

(b) compulsory retirement or termination of appointment;

(d) reduction in salary;

(e) stoppage of increment for a specified period;

(f) withholding of increment until certain conditions are fulfilled; or

(g) in the case of an officer who is the holder of a non-permanent post, suspension from duty with consequent loss of pay and allowances for a period not exceeding 14 days.

25. Reprimands or warnings

Nothing in this Part shall prevent an appointing authority from issuing a reprimand or a warning to any officer directly subordinate to him.

26. Absence without leave

Without prejudice to the taking of disciplinary proceedings in respect of any absence from duty without leave or reasonable cause, where a local government officer is absent from duty without leave the appointing authority may order that the salary of such officer shall be withheld in respect of any period during which such officer was absent without leave.

27. Documentary evidence

An officer in respect of whom an enquiry is to be held shall be entitled to receive a copy of any documentary evidence which will be relied on for the purpose of the enquiry or be allowed access to it.

28. Witnesses

If witnesses are examined at any enquiry the officer shall be given an opportunity of being present throughout and of putting questions to the witnesses on his own behalf.

PART V
Miscellaneous (regs 29-33)

29. Production of relevant documents, etc.

Any officer who submits any matter for the consideration of the Establishment Secretary, or any other appointing authority shall ensure that all relevant documents and papers are made available to such officer who may require the production of any further documents or information relevant to the matter under consideration.

30. Correspondence

All correspondence for the Establishment Secretary shall be addressed to the Establishment Secretary.

31. Power to review staff complements and gradings

(1) The Establishment Secretary may authorise such reviews or investigations into the local government service staff complements and gradings and manpower utilisation as he deems necessary for the better administration of local government’s personnel policies.

(2) The Establishment Secretary may accept, reject or modify the recommendations contained in staff inspection reports and determine the extent to which such reports are made available for consideration outside his department.

32. Examinations

The Commission shall, if so requested by the Establishment Secretary, conduct written examinations as provided for in approved Schemes of Service, if any, and for other purposes of the local government service.

33. Cases not provided for

Any case not covered by these Regulations shall be reported to the Establishment Secretary who shall determine the procedure to be adopted and shall be guided by General Orders.

UNIFIED LOCAL GOVERNMENT SERVICE (JOINT STAFF CONSULTATIVE COUNCIL) REGULATIONS

(section 30)

(14th November, 1986)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Establishment of local authorities joint staff consultative council

3. Functions of council

4. Decisions of council

5. Expenses

6. Establishment of sub-committees

7. Local authorities consultative council

8. Functions of committees

9. Decisions of committees

10. Personal cases excluded

11. Elections

12. Cases not provided for

S.I. 98, 1986.

1. Citation

These Regulations may be cited as the Unified Local Government Service (Joint Staff Consultative Council) Regulations.

2. Establishment of local authorities joint staff consultative council

(1) There is hereby established a Local Authorities Joint Staff Consultative Council (hereinafter referred to as “the council”) which shall consist of the Permanent Secretary, Establishment Secretary of the Unified Local Government Service and 10 other members of whom-

(a) four shall be appointed by the Minister;

(b) six shall be nominated by the Unified Local Government Staff Association (hereinafter referred to as the “association” ) from among its members:

Provided that in appointing such members the association shall bear in mind the need to represent as far as possible all the categories of officers in each local authority.

(2) There shall be a Chairman appointed by the Minister and a Deputy Chairman elected from among the members representing the association.

(3) There shall be a Secretary to the council, who shall be a public officer appointed by the Establishment Secretary.

(4) Meetings of the council shall be held at least once every six months and at such other times as the Chairman may decide.

(5) Persons with special knowledge or representing special interests may be co-opted to attend any meetings of the council and may take part in the discussions of the council, but shall not be entitled to vote on any matter.

(6) Every meeting of the council shall be presided over by the Chairman or, in his absence, by the Deputy Chairman.

(7) The presence at a meeting of the council of-

(a) the Chairman or Deputy Chairman of the council;

(b) two members appointed by the Minister;

shall constitute a quorum.

(8) Decisions of the council shall be by majority vote and in the case of equality of votes the Chairman or in his absence the Deputy Chairman, shall have a casting vote.

(9) Minutes shall be kept of the members present and a record of the decisions reached at every meeting of the council.

(10) Any local government officer including a member of the council may submit any matter in the form of a written memorandum for consideration by the council.

(11) Every memorandum must reach the secretary at least 21 days before the date of the meeting at which it is to be considered.

(12) Any memorandum reaching the secretary less than 21 days before the meeting of the council shall be considered at the next meeting thereafter.

(13) The Secretary shall with the approval of the Chairman prepare the agenda for each meeting of the council, and shall circulate such agenda together with supporting memoranda to all members not less than 14 days before the date of the meeting.

(14) Subject to the provisions of these Regulations, the council may decide its own procedure.

3. Functions of council

The functions of the council shall be-

(a) to consider the terms and conditions of service and advise on methods of ensuring improvements in general working conditions, productivity and staff relations within the local authorities;

(b) to advise on measures necessary for the furtherance of good relations between Government and the Unified Local Government Service and with special reference to-

(i) working arrangements and measures designed to increase productivity and lower costs;

(ii) improved methods for achieving development plan targets;

(iii) the investigation of factors tending to reduce efficiency or in any way interfering with the satisfactory working of the Unified Local Government Service;

(c) to consider and advise the Government on safety, health and welfare arrangements in the Unified Local Government Service;

(d) to generally assist in the furtherance of good relations between the Unified Local Government Service and employees of local authorities and to carry out such other duties as are entrusted to the council by the Minister; and

(e) to examine recommendations put forward by the Local Authorities Consultative Committees.

4. Decisions of council

(1) All decisions of the council shall be referred to the Minister immediately after the meeting at which such decisions were taken, together with copies of the minutes of the meeting.

(2) The Minister may accept, modify or reject any decision taken by the council.

5. Expenses

All necessary expenses of the council shall be paid by the Establishment Secretary, but no remuneration shall be paid to any council member.

6. Establishment of sub-committees

(1) The council may constitute sub-committees to assist it in carrying out its functions and may appoint to such sub-committees members of the council and such other persons, having relevant specialised knowledge and experience, as the Chairman may decide.

(2) The Chairman may determine the procedure to be followed by any sub-committees subject to such instructions as the council may from time to time issue.

7. Local authorities consultative council

(1) There shall be established in each district, city or town council area a Local Authorities Consultative Committee (hereinafter referred to as “the committee”) consisting of the Chief Executive of the council who shall be the Chairman and seven other officers of whom two shall be officers representing the council, one shall be an officer representing the land board, all approved by the Minister and four shall be officers nominated by the association from among its members:

Provided that in nominating such members, the association shall bear in mind the need to represent as far as possible all the categories of staff in such local authorities.

(2) The Deputy Chairman of each sub-committee shall be elected from among members representing the association.

(3) The provisions of paragraphs (4) to (14) of regulation 2 shall apply mutatis mutandis to each committee except that-

(a) the secretary of each committee shall be appointed in alternate years by the Chairman and Deputy Chairman;

(b) the committee shall meet at least once every three months;

(d) the agenda and memoranda to be considered at a meeting shall be circulated to all members at least seven days before the meeting.

8. Functions of committees

Local Authorities Consultative Committees shall carry out the functions set out in regulation 3 with special reference to improving productivity within the area of that district, city or town council, as the case may be.

9. Decisions of committees

(1) Decisions of the Committee shall, in the case of issues which fall within the scope of responsibilities of the Chairman, be implemented forthwith.

(2) Decisions which require prior approval of other local authorities shall be referred for consideration to the council.

10. Personal cases excluded

Notwithstanding any other provisions of these Regulations, neither the council nor the committee shall consider individual cases in respect of appointments, transfers, promotions and discipline, but may consider principles governing such cases.

11. Elections

The procedure for the election of members of the staff onto the committee shall be in accordance with the rules made by the Permanent Secretary with the approval of the council.

12. Cases not provided for

Any case not covered by these Regulations shall be reported to the Establishment Secretary who shall determine the procedure to be adopted.