Part VIII Service Commissions
Article 109: Commissions
- There shall be established for the Republic a Judicial Service Commission which shall have the functions conferred on it by this Constitution and such other functions and powers relating to the public service, or to judicial or legal service, other than in the public service, as may be prescribed by or under an Act of Parliament.
- Parliament may establish for the Republic other Commissions which, together with the Judicial Service Commission, are hereafter collectively referred to as Service Commissions which shall have such functions and powers in relation to the public service, or in relation to persons in public employment other than public officers, as may be prescribed by or under an Act of Parliament.
- Commissions other than Service Commissions may be established for the Republic by or under an Act of Parliament and shall have such functions and powers as may be prescribed by or under such an Act.
- Nothing in the foregoing precludes provision being made by or under an Act of Parliament to confer on a Service Commission functions and powers in relation to matters other than public employment.
Article 110: Pension Laws and Protection
- The law to be applied with respect to any pension benefits that were granted to any person before the commencement of this Constitution shall be the law that was in force at the date on which those benefits were granted or any law in force at a later date that is not less favorable to that person.
- The law to be applied with respect to any pensions benefits not being benefits to which clause (1) applies, shall -
- in so far as those benefits are wholly in respect of a period of service as a public officer, as any officer in the department of the Clerk of the National Assembly, or as a member of the armed forces, that commenced before the commencement of this Constitution, be the law that was in force immediately before that date; and
- in so far as those benefits are wholly or partly in respect of a period of service as a public officer, as any officer in the department of the Clerk of the National Assembly, or as a member of the armed forces, that commenced after the commencement of this Constitution, be the law in force on the date on which that period of service commenced; or any law in force at a later date that is not less favorable to that person.
- Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law for which he opts shall, for the purposes of this Article, be deemed to be more favorable to him than the other law or laws.
- All pensions benefits shall, except to the extent to which they are a charge on a fund established by or under any law and have been duly paid out of that fund to the person or authority to whom payment is due, be a charge on the general revenues of the Republic.
- In this Article "pension benefits" means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers, as officers in the department of the Clerk of the National Assembly or as members of the armed forces or for the widows, children, dependents or personal representatives of such persons in respect of such service.
- Reference in this Article to the law with respect to pension benefits include, without prejudice to their generality, references in the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended, and the law regulating the amount of any such benefits: Provided that, notwithstanding anything to the contrary contained in this Constitution or any other written law, such references shall not be so construed as to include the law regulating the law of compulsory retirement.
- In this Article -
- references to service as a public officer includes references to service as a public officer under the Government of the territories which on the 24 Oct 1964, became the sovereign Republic of Zambia and references to service as a member of the teaching service of the said Government,
- references to service as an officer in the department of the Clerk of the National Assembly includes references to service as an officer in the department of the Clerk of the Legislative Assembly of the said territories; and
- references to service as a member of the armed forces include references to service as a member of the armed forces of the said territories.
