Section 89: Appointment of public officers

89. Appointment of public officers (1) Subject to this Constitution, power to appoint persons to hold or act in any offices in the public service (including power to confirm appointments), to exercise disciplinary control over persons holding or acting such offices and to remove such persons from office shall vest in the Public Service Commission. (2) (a) The Public Service Commission may, subject to such conditions as it thinks fit, delegate any of its powers under this section by directions in writing to any Commissioner of the Commission or to any public officer. (b) The Public Service Commission may, subject to such conditions as it may prescribe, delegate, by directions in writing, its powers under this section to enquire and report to it— (i) in the case of any professional misconduct or negligence committed by a public officer in the performance of his duties, to any appropriate statutory disciplinary body; (ii) in the case of a public officer who has been seconded for duty or transferred to a body corporate established by law for public purposes, to that body corporate. (3) This section shall not apply— (a) to the office of Chief Justice or Senior Puisne Judge; (b) except for the purpose of making appointments thereto or to act therein, to the office of Director of Audit; (c) to the office of Ombudsman; (d) to any office, appointments to which are within the functions of the Judicial and Legal Service Commission or the Disciplined Forces Service Commission; (e) to any office to which section 87 applies; (f) to any ecclesiastical office; (g) — (h) to any office of a temporary nature, the duties attaching to which are mainly advisory and which is to be filled by a person serving under a contract on non-pensionable terms. (4) Before any appointment is made to the office of Secretary to the Cabinet, of Financial Secretary, of a Permanent Secretary or of any other supervising officer within the meaning of section 68, the Public Service Commission shall consult the Prime Minister and no appointment to the office of Secretary to the Cabinet, of Financial Secretary or of a Permanent Secretary shall be made unless the Prime Minister concurs in it. [Issue 1] CON – 64 Revised Laws of Mauritius (5) Notwithstanding subsections (1) to (4), the power to transfer any person holding any such office as is mentioned in subsection (4) to any other such office, being an office carrying the same emoluments, shall vest in the President, acting in accordance with the advice of the Prime Minister. (6) Before the Public Service Commission appoints to or to act in any public office any person holding or acting in any office the power to make appointments to which is vested in the Judicial and Legal Service Commission or the Disciplined Forces Service Commission, the Public Service Commission shall consult that Commission. (7) Before making any appointment to any office on the staff of the Ombudsman, the Public Service Commission shall consult the Ombudsman. (8) The Public Service Commission shall not exercise any of its powers in relation to any office on the personal staff of the President, or in relation to any person holding or acting in any such office, without the concurrence of the President, acting in his own deliberate judgment. (9) References in this section to the office of Financial Secretary or of a Permanent Secretary are references to that office as established on 11 March 1968 and include references to any similar office established after t Public Service Commission shall not exercise any of its powers in relation to any office on the personal staff of the President, or in relation to any person holding or acting in any such office, without the concurrence of the President, acting in his own deliberate judgment. (9) References in this section to the office of Financial Secretary or of a Permanent Secretary are references to that office as established on 11 March 1968 and include references to any similar office established after that date that carries the same or higher emoluments. [S. 89 amended by Act 19 of 1990; Act 48 of 1991; Act 5 of 1997; Act 31 of 2000; s. 3 of Act 33 of 2001 w.e.f. 24 December 2001.]