Namibia 1990 Constitution (reviewed 2014)

CHAPTER 13. The Public Service Commission

Article 112. Establishment

1. There shall be established a Public Service Commission which shall have the function of advising the President on the matters referred to in Article 113 hereof and of reporting to the National Assembly thereon.
2. The Public Service Commission shall be independent and act impartially.
3. The Public Service Commission shall consist of a Chairperson and no fewer than three (3) and no more than six (6) other persons nominated by the President and appointed by the National Assembly by resolution.
4. Every member of the Public Service Commission shall be entitled to serve on such Commission for a period of five (5) years unless lawfully removed before the expiry of that period for good and sufficient reasons in terms of this Constitution and procedures to be prescribed by Act of Parliament. Every member of the Public Service Commission shall be eligible for reappointment.

Article 113. Functions

The functions of the Public Service Commission shall be defined by Act of Parliament and shall include the power:

1. to advise the President and the Government or:
   1. the appointment of suitable persons to specified categories of employment in the public service, with special regard to the balanced structuring thereof;
   2. the exercise of adequate disciplinary control over such persons in order to assure the fair administration of personnel policy;
   3. the remuneration of any such persons;
   4. all other matters which by law pertain to the public service;
2. to perform all functions assigned to it by Act of Parliament;
3. to, if requested by the President to do so, advise the President on the identity, availability and suitability of persons to be appointed by the President to offices in terms of this Constitution or any other law.

CHAPTER 14. The Security Commission

Article 114. Establishment and Functions

1. There shall be a Security Commission which shall have the functions –
   1. to make recommendations to the President on the appointment of the Chief of the Defence Force, the Inspector-General of Police and the Commissioner-General of Correctional Service;
   2. to advise the President on any matter on which the President may require its advice; and
   3. to perform such other functions as may be assigned to it by an Act of Parliament.
2. The Security Commission shall consist of the Chairperson of the Public Service Commission, the Chief of the Defence Force, the Inspector-General of Police, the Head of the Intelligence Service, the Commissioner-General of Correctional Service and two (2) members of the National Assembly, appointed by the President on the recommendation of the National Assembly.
3. No decision of the Security Commission shall be invalid merely as a result of a vacancy on the Commission when that decision has been taken.