Act requires public servants to retire at 60

National

THE compulsory retirement age for public servants is 60 years old under the Public Services Management Act (PMSA) 1995, Public Services Commission director for legal and litigation Richard Simbil says.
He said this was one of the main financial implications in relation to some officers who were over 60 and would have to retire from the public service.
“This is an important effect of Supreme Court decisions that the compulsory retirement age is now 60 years,” Simbil said.
“In the 2014 Act it was 65 years but since that law has been declared invalid, we are now reverting to the PSMA 1995.”
Simbil said the Supreme Court matter of SCA 148 of 2015, was a special reference filed by the PSC chairman.
He said in 2014 Parliament passed amendments to Section 193 and 128B of the Constitution and repealed the PSMA 1995 Act and the Regulatory Statutory Authority (RSA) appointment of certain officers Act 2004 and enacted a new RSA Act 2013 and the PSMA 2014 respectively.
Simbil said the amendments removed the Public Service Commission’s powers to be consulted on the appointments, suspension and revocation of the appointment of departmental heads, provincial administrators and chief executive officers.
“Powers were vested in the newly created ministerial executive appointments committee which was formed of ministers of the National Executive Council (NEC) to do PSC’s duty,” he said.
“PSC through the office of the chairman filed a Supreme Court reference and challenged the validity of these amendments.
“The powers of the PSC relating to the appointment process, the merit based-process, was compromised because now we have minsters who were deciding on the appointment of department heads and bringing it to the NEC for endorsement.”
Simbil said on March 28 the court ruled in the PSC chairman’s favour and the amendments were declared null and void.
“The Organic Law on provincial and local level governments relating to the appointment of provincial administrators was declared invalid.
“The PMSA 2014 and its regulations have been declared invalid and the RSA Act 2013 had been declared invalid.”
Simbil said appointments, suspensions, revocation of appointments of departmental heads, provincial administrators and heads of RSA in which the process completed under 2014 Act were valid.

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