Chapter Fourteen

THE PUBLIC SERVICES

Article 190 THE PUBLIC SERVICES OF GHANA

(1) The Public Services of Ghana shall include -

(a) The Civil Service,

The Judicial Service,

The Audit Service,

The Education Service,

The Prisons Service,

The Parliamentary Service,

The Health Service,

The Statistical Service,

The National Fire Service,

The Customs, Excise and Preventive Service,

The Internal Revenue Service,

The Police Service,

The Immigration Service; and

The Legal Service;

(b) Public corporations other than those set up as commercial ventures;

(c) Public services established by this Constitution; and

(d) Such other public services as Parliament may by law prescribe.

(2) The Civil Service shall, until provision is otherwise made by Parliament, comprise service in both central and local government.

(3) Subject to the provisions of this constitution, an Act of Parliament enacted by virtue of clause (1) of this article shall provide for -

(a) The governing council for the public service to which it relates;

(b) The functions of that service; and

(c) The membership of that service.

(4) For the purposes of this article "public corporation" means a public corporation established in accordance with article 192 of this Constitution other than one set up as a commercial venture.

Article 191 PROTECTION OF PUBLIC OFFICERS

A member of the public services shall not be -

(a) Victimized or discriminated against for having discharged his duties faithfully in accordance with this Constitution; or

(b) Dismissed or removed from office or reduced in rank or otherwise punished without just cause.

Article 192 ESTABLISHMENT OF PUBLIC CORPORATIONS

A public corporation shall not be established except by Act of Parliament.

Article 193 HEAD OF THE CIVIL SERVICE

(1) The President shall, acting in accordance with the advice of the Public Services Commission, appoint a public officer as the Head of the Civil Service.

(2) Subject to the provisions of this Constitution, the Head of the Civil Service shall not hold any other public office.

Article 194 THE PUBLIC SERVICES COMMISSION

(1) There shall be a Public Services Commission which shall perform such functions as assigned to it by this Constitution or by any other law.

(2) The Public Services Commission shall consist of -

(a) A chairman, a vice-chairman and three other members who shall be full-time members of the Commission; and

(b) Such other members as Parliament may, subject to article 70 of this Constitution, by law prescribe.

(3) A person shall not be qualified to be appointed a member of the Public Services Commission -

(a) If he is not qualified to be elected as a Member of Parliament; or

(b) If he is otherwise disqualified from holding a public office.

(4) A person holding a public office shall, upon being appointed a full-time member of the Public Services Commission, resign from that public office.

(5) Subject to clause (6) of this article, the terms and conditions of service including retiring ages of a Justice of the Court shall apply to the Vice-Chairman.

(6) The provisions of article 146 of this Constitution relating to the removal from office of a Justice of the Superior Court of Judicature, shall apply -

(a) To the full-time members of the Public Services Commission;

(b) To the members of the Commission referred to in paragraph (b) of clause (2) of this article, before the expiration of their period of service as provided by law.

(7) The salaries, allowances, facilities and privileges payable or available to the members of the Commission other than the Chairman and Vice-Chairman, shall be determined under article 71 of this Constitution.

Article 195 APPOINTMENTS, ETC. OF PUBLIC OFFICERS

(1) Subject to the provisions of this Constitution, the power to appoint persons to hold or to act in an office in the public services shall vest in the President, acting in accordance with the advice of the governing council of the service concerned given in consultation with the Public Services Commission.

(2) The President may, subject to such conditions as he may think fit, delegate some of his functions under this article by directions in writing to the governing council concerned or to a committee of the council or to any member of that governing council or to any public officer.

(3) The power to appoint persons to hold or act in an office in a body of higher education, research or professional training, shall vest in the council or other governing body of that institution or body.

Article 196 OTHER FUNCTIONS OF THE PUBLIC SERVICES COMMISSION

The Public Service Commission shall have such powers and exercise such supervisory, regulatory and consultative functions as Parliament shall, by law, prescribe, including as may be applicable, the supervision and regulation of, entrance and promotion examinations, recruitment and appointment into or promotions within, the public services, and the establishment of standards and guidelines on the terms and conditions of employment in the public services.

Article 197 REGULATIONS

The Public Service Commission may, subject to the approval of the President, make regulations, by constitutional instrument, for the effective and efficient performance of its functions under this Constitution or any other law.

Article 198 INDEPENDENCE OF COMMISSION

Except as otherwise provided in this Constitution, or any other law not inconsistent with this Constitution, the Public Service Commission shall not be subject to the control or direction of any person or authority in the performance of its functions.

Article 199 RETIRING AGE AND PENSION

(1) A public officer shall, except as otherwise provided in this Constitution, retire from the public service on attaining the age of sixty years.

(2) A public officer may, except as otherwise provided in this Constitution, retire from the public service at any time after attaining the age of forty-five years.

(3) The pension payable to any person shall be exempt from tax,

Interpretation/Insight

Article 190,191, 195, 199

THEOPHILUS DONKOR V THE ATTORNEY GENERAL [2019] GHASC 52

Upon a true and proper interpretation, a Public Service Officer appointed in accordance with article 195 of the Constitution and may not be removed save in accordance with the terms and conditions of his or her contract of engagement or in the absence of such, for "just cause‟ pursuant to articles 191 and 195 of the Constitution. Members of governing boards of statutory boards and corporations appointed in accordance with article 70(1)(d)(iii) of the Constitution are not members of the Public Service and their tenure is not governed by articles 191 and 195 of the Constitution. Therefore, each person may be removed at will by the President.

To the extent that section 14 of the Presidential (Transition) Act 2012, (Act 845) requires Chief Executives or Directors-General (howsoever described) of public boards or corporations to cease to hold office upon the assumption of office by a person elected as President of the Republic of Ghana, the same is hereby declared to be unconstitutional and void for being in contravention of articles 190 and 191 of the Constitution.

See

Article 70(1)(d)(iii)

Presidential (Transition) Act 2012, (Act 845)