THE EDUCATION SERVICE ACT, 2002.
____________
ARRANGEMENT OF SECTIONS
Section.
PART I—PRELIMINARY.
1. Short title.
2. Interpretation.
3. Categories of public officers who constitute the Education Service.
PART II—THE EDUCATION SERVICE COMMISSION.
4. Composition and appointment of members of the Commission.
5. Oath of members of the Commission.
6. Members of Commission to relinquish particular offices.
7. Remuneration.
8. Functions of the Commission.
9. Secretary to the Commission.
10. Other staff of the Commission.
11. Meetings and decisions of the Commission.
12. Immunity of members and staff of the Commission.
13. Funds and expenses of the Commission.
14. Seal of the Commission.
PART III—GENERAL PROVISIONS RELATING TO FUNCTIONS OF THE COMMISSION.
15. Independence of the Commission.
16. Consultation.
17. Enforcement of attendance to give evidence.
Section.
18. Failure to appear or produce documents.
19.Attendance allowance.
20. Immunities of witnesses.
21. Improper influence and false information.
22. Improper disclosure of information.
23. Consent to prosecution.
24.Delegation of functions of the Commission.
25.District Service Commissions.
26. Consultation with other Commissions.
27. Consultation with the Minister.
PART IV—ADMINISTRATION OF PUBLIC OFFICERS IN THE EDUCATION SERVICE.
28. Administration of public officers in Education Service.
29. Standing orders.
PART V—MISCELLANEOUS.
30. Appeals.
31. Regulations.
32. Power of Minister to amend First Schedule.
33. Repeals, savings and transitional provisions.
First Schedule
Currency point.
Second Schedule
Oaths.
THE EDUCATION SERVICE ACT, 2002.
An Act to make provision in relation to the Education Service in pursuance of
articles 167 and 168 of the Constitution and for other matters related to the
Education Service.
DATE OF ASSENT: 5th March, 2002.
Date of commencement: 5th April, 2002.
BE IT ENACTED by Parliament as follows—
PART I—PRELIMINARY.
1. Short title.
This Act may be cited as the Education Service Act,
2002.
2. Interpretation.
In this Act, unless the context otherwise requires—
"Chairperson" means the Chairperson of the Commission;
"Commission" means the Education Service Commission established by
article 167 of the Constitution;
"currency point" means the value specified in the First Schedule to this Act
in relation to a currency point;
"Deputy Chairperson" means a Deputy Chairperson of the Commission;
"Education Service" means the Education Service referred to in article 168
of the Constitution;
"licensed teacher" means a person who is not professionally trained as a
teacher but is issued with a licence to teach by the appropriate
authority and has been entered on the roll of licensed teachers;
"Minister" means the Minister responsible for education;
"public office" and "public officer" have respectively the meanings
assigned to them by article 175 of the Constitution;
"register" means the register of teachers maintained under the Education
Act, 1970;
"school" means any educational institution private or public at pre-primary,
primary, secondary and tertiary levels which has been licensed and
registered by the Ministry responsible for education;
"Secretary" means the Secretary to the Commission appointed under
section 9 of this Act;
"teacher" means a person who has successfully completed a course of
training approved by the Ministry responsible for education and has
been entered on the Register of teachers.
3. Categories of public officers who constitute the Education Service.
For the purposes of clause (5) of article 168 of the Constitution, the public
officers who constitute the Education Service are the following—
(a) persons who have successfully completed an approved course of
teacher education leading to an award of a recognised certificate in
teaching and whose names have been entered in the register of teachers
in accordance with the Education Act, 1970;
(b) persons who meet the requirements for issue of a statement of
eligibility and a licence to teach in accordance with the Education Act,
1970;
(c) such other professional, administrative and support staff as may be
appointed by the Commission for the efficient administration,
management and delivery of education services in Uganda.
PART II— THE EDUCATION SERVICE COMMISSION.
4. Composition and appointment of members of the Commission.
(1) The Chairperson, the Deputy Chairpersons and all other members
of the Commission shall be appointed by the President with the approval of
Parliament in accordance with article 167 of the Constitution.
(2) In appointing members of the Commission under article 167 of the
Constitution, gender balance and marginalised groups shall be taken into account.
(3) A person is not qualified to be a member of the Commission unless he or
she is of high moral character, proven integrity and has substantial experience in the
field of education.
(4) The Chairperson, and Deputy Chairperson(s) of the Commission shall
have the following qualifications—
(a) a post-graduate qualification in education or in a field related to
education from a recognized University or equivalent institution; and
(b) at least ten years working experience in education management or
related field.
5. Composition and appointment of members of the Commission.
Every member of the Commission shall, before assuming his or her duties as a
member of the Commission, take and subscribe to the Oath specified in Part I of the
Second Schedule to this Act.
6. Members of Commission to relinquish particular offices.
(1) A person holding any of the following offices shall relinquish that office
on appointment as a member of the Commission—
(a) a member of Parliament;
(b) a member of a local government council;
(c) a member of the executive of a political party or political organisation;
(d) a member of any board or other authority responsible for the
management of any school or college; or
(e) a public officer.
(2) All the members of the Commission shall be full time commissioners
appointed for a period of four years and shall be eligible for re-appointment for one
more term.
7. Remuneration.
The Chairperson and other members of the Commission shall be paid remuneration
and given allowances for service rendered at such rates as are from time to time laid
down by the Specified Officers Act, 1999.
8. Functions of the Commission.
(1) The Commission shall have the following—
(a) to advise the President in performing his or her functions in relation to the
Education Service under article 172 of the Constitution;
(b) to appoint persons to hold or act in any office in the Education Service, to
confirm such appointments, to exercise disciplinary control over such
persons and to remove them from office;
(c) to review the terms and conditions of service, standing orders, training and
qualifications of public officers in the Education Service and matters
connected with their management and welfare and make
recommendations on them to Government;
(c) to report to Parliament annually on the performance of the functions of the
Commission;
(e) to research, analyse, develop and formulate national standards for the
Education Service in respect of—
(i) training and qualifications of officers in the Education Service;
(ii) recruitment and appointment procedures;
(ii) instruments of appointment;
(iii) ethics and conduct;
(iv) disciplinary control;
(f) to tender advice to the Ministry responsible for education in the process of
formulating of education policy with respect to—
(i) training;
(ii) management of public officers in the Education Service;
(iii) research, analysis, grading and registration of all teachers in Uganda;
(g) to establish and maintain a record of all public officers in the Education
Service;
(h) to monitor, offer technical advice, support, and training to the District
Service Commission in matters relating to the Education Service;
(i) to hear and determine grievances from persons appointed by the District
Service Commission under powers delegated by the Commission under
clause (3) of article 168 of the Constitution;
(j) to perform such other functions as may be prescribed by this or any other
law.
(2) The annual report required by clause (4) of article 168 of the Constitution to
be submitted to Parliament shall be submitted within three months after the financial
year or such other date as Parliament may require.
(3) The report referred to in subsection (2) shall be addressed to the Speaker of
Parliament and signed by the Chairperson and a copy of it shall be sent to the
Minister who shall forward it to the President.
9. Secretary to the Commission
(1) The Commission shall have a Secretary who shall be a public officer
appointed by the President on the advice of the Public Service Commission.
(2) The Secretary shall be a person qualified to be appointed to the office of
Permanent Secretary.
(3) The Secretary shall, before assuming the performance of his or her
functions under this Act, take and subscribe the Oath specified in Part II of the
Second Schedule to this Act.
(4) The Secretary shall, subject to the general control of the Commission, be
responsible for—
(a) carrying out the policy decisions and the day to day administration and
management of the affairs of the Commission and the control of the other
staff of the Commission;
(b) arranging the business for and recording and keeping of the minutes of all
decisions and proceedings of the Commission at its meetings; and
(b) performing any other functions assigned to him or her by the Commission.
(5) The Secretary is, unless in any particular case the Commission otherwise
directs in writing, entitled to attend all meetings of the Commission but shall have
no vote on any matter falling to be decided by the Commission at any such meeting.
10. Other staff of the Commission
(1) The Commission shall also have such other officers and employees as may
be necessary for the discharge of its functions.
(2) The officers and employees referred to in subsection (1) shall be public
officers.
(3) In addition to the Secretary as required by subsection (3) of section 9, all
officers of the Commission, shall take and subscribe the oath specified in Part II of
the Second Schedule to this Act.
11. Meetings and decisions of the Commission
(1) The Chairperson of the Commission shall preside at all meetings of the
Commission and in his or her absence, either of the Deputy chairpersons shall
preside, and in the absence of all of them, a member designated by the President to
act as Chairperson under clause (8) of article 167 of the Constitution shall preside.
(2) In accordance with article 251 of the Constitution, a decision of the
Commission requires the concurrence of the majority of all its members.
(3) The quorum of the Commission at any meeting shall be four.
(4) The Commission may, subject to the provisions of the Constitution, act
notwithstanding the absence of any member or any vacancy in the office of a
member.
(5) The Commission may invite any person to any of its meetings for advice
and such person may deliberate on any matter before the Commission but shall have
no right to vote on any matter.
(6) Except in the case of matters relating to appointment, discipline and
reviewing and making recommendations on the terms and conditions of service of
persons in the Education Service, decisions may be made by the Commission
without a meeting by circulation of the relevant papers among members of the
Commission and the expression of their views in writing.
(7) Any member is entitled to require that a decision under subsection (5) be
deferred until the subject matter has been considered at a meeting of the
Commission.
(8) Except as otherwise expressly provided in this section, the Commission
may prescribe its own procedure.
12. Immunity of members and staff of the Commission
A member of the Commission or any employee or other persons performing any
function of the Commission under the direction of the Commission, shall not be
personally liable to any civil or criminal proceedings for any act done in good faith
in the performance of those functions.
13. Funds and expenses of the Commission
(1) The emoluments of the members of the Commission and other
administrative expenses shall be prescribed by Parliament and shall be charged on
the Consolidated Fund.
(2) The Commission may, with the approval of the Minister responsible for
Finance, receive grants from the Government or any other source for the discharge
of any of its functions.
(3) All funds provided to the Commission under this section shall be
administered and controlled by the Secretary who shall be the accounting officer in
accordance with the Public Finance Act.
14. Seal of the Commission
The Commission shall have a seal which shall be in such form as the Commission
may determine and, subject to the provisions of any law, be applied in such
circumstances as the Commission may determine.
PART III — GENERAL PROVISIONS RELATING TO FUNCTIONS OF THE
COMMISSION.
15. Independence of the Commission
In the exercise of its functions, the Commission shall be independent and shall not
be subject to the direction or control of any person or authority; except that it shall
take into account Government policy relating to education.
16. Consultation
Before the Commission advises the President to appoint any person to an office in
the Education Service in accordance with article 172 of the Constitution, the
Commission may, if it considers it expedient, consult with any other authority, as the
case may be.
17. Enforcement of attendance to give evidence
(1) The Commission may require any person to attend and give evidence before
it concerning any matter which it may properly consider in exercise of its functions
under the Constitution and this Act and may require the production of any document
relating to any matter by any person attending before it.
(2) The Commission may cause a witness to be examined on oath or
affirmation which shall be administered by the Secretary or by any other person
authorised by the Commission.
18. Failure to appear or produce documents
Any person, other than a person who is notified to appear before the Commission
solely in connection with his or her application for appointment to the Education
Service, who, without reasonable cause fails to do so, or who wilfully fails to
produce any document in his or her possession when required to do so by the
Commission under section 17 of this Act, commits an offence and is liable on
conviction, to a fine not exceeding five currency points or imprisonment not
exceeding three months or both.
19. Attendance allowance
(1) Any person summoned by and appearing before the Commission as a
witness is entitled to be paid by way of reimbursement of his or her expenses, such
allowances as are payable to a witness appearing before the High Court as a witness
in criminal proceedings.
(2) Any other person invited by the Commission to attend any meeting of the
Commission to assist the Commission may be paid by the Commission such
allowances as the Commission may consider reasonable.
20. Immunities of witnesses
A witness before the Commission shall have the same immunities and privileges as
if he or she were a witness before the High Court.
21. Improper influence and false information
(1) Any person who otherwise than in the course of his or her duty, directly or
indirectly by himself or herself or by any other person in any manner, influences or
attempts to influence any decision of the Commission, commits an offence and is
liable on conviction, to a fine not exceeding thirty currency points or imprisonment
not exceeding twelve months or both.
(2) Nothing in this section shall be taken to make unlawful the giving of a
reference or testimonial to any applicant or candidate for any public office or the
supplying of any information or assistance requested by the Commission.
(3) Any person who, in connection with the performance by the Commission of
its functions, wilfully gives to the Commission any information which he or she
knows to be false or does not believe to be true, or which he or she knows to be false
by reason of the omission of any material particular, commits an offence and is
liable on conviction to a fine not exceeding thirty currency points or imprisonment
not exceeding twelve months or both.
(4) For the purposes of this section, “Commission” means the Commission, any
member of the Commission, any officer of the Commission or any person or body of
persons appointed to assist the Commission in the performance of its functions.
22. Improper disclosure of information
(1) Any member or officer of the Commission and any other person who,
without the written consent of the Commission, knowingly publishes or discloses to
any person, otherwise than in (he performance of his or her official functions, the
contents of any document, communication or information, which has come to his or
her notice in the course of his or her duties in relation to the Commission, commits
an offence and is liable on conviction, to a fine not exceeding fifteen currency points
or imprisonment not exceeding six months or both.
(2) Any person who knows of any information which to his or her knowledge
has been disclosed in contravention of subsection (1) of this section, who publishes
or communicates it to any other person otherwise than for the purpose of any
prosecution under this Act or in the course of his or her official duty, commits an
offence and is liable on conviction, to a fine not exceeding fifteen currency points or
imprisonment for a period not exceeding six months or both.
23. Consent to prosecution
A prosecution for an offence against this Act shall not be instituted except with the
consent of the Director of Public Prosecutions.
24. Delegation of functions of the Commission
(1) The Commission may, by writing, delegate any of its functions to a District
Service Commission or any other authority or officer.
(2) A District Service Commission shall, when considering any matter relating
to a person employed in the Education Service, co-opt as a non voting member, a
representative of the department of education in the district or urban authority of a
rank not lower than Education Officer or Inspector of Schools.
(3) The Commission shall issue guidelines to be used by the District Service
Commission under subsection (3) of section 56 of the Local Governments Act,
1997.
(4) Guidelines issued under this section shall be binding on the District Service
Commission.
(5) Without prejudice to section 25 of this Act, the Commission shall have the
right to request in writing from the District Service Commission, any information
reasonably necessary for ensuring that guidelines issued under this section are
complied with; and the District Service Commission shall be bound to give effect to
the request.
(6) The Commission shall set aside any action taken by a District Service
Commission which contravenes any guidelines issued by the Commission under this
section.
(7) Before setting aside any action under subsection (6), the Commission shall
give written notice to the District Service Commission pointing out the act which
constitutes the contravention and giving the District Service Commission—
(a) reasonable opportunity to show cause why the action should not be set
aside; and
(b) whenever practicable, giving the District Service Commission reasonable
time to take necessary steps to rectify the contravention.
(8) The Commission shall render such advice to the districts as may be required
regarding personnel management in the district education service.
25. District Service Commissions
A District Service Commission shall submit a report to the Commission on the
performance of its functions in relation to the Education Service after every four
months and whenever a report is required by the Education Service Commission.
26. Consultation with other Commissions
The Commission may liase and consult with other Service Commissions established
by the Constitution with a view to harmonising standing orders, regulations and
remuneration of public officers.
27. Consultation with the Minister
(1) The Commission shall from time to time consult with the Minister on
matters of policy in the carrying out of its functions.
(2) Subject to the provisions of Article 168(2) of the Constitution the Minister
may make representations to the Commission on matters within its competence and
the Comission shall take such representations into account.
PART IV—ADMINISTRATION OF PUBLIC OFFICERS IN THE
EDUCATION SERVICE.
28. Administration of public officers in Education Service
(1) The administration of public service officers in relation to public officers in
the Education Service and the ordering of conditions of service of such persons shall
be in accordance with the provisions of the Constitution.
(2) The Minister responsible for education may, after consultation with the
Minister responsible for Public Service, the Minister responsible for local
governments, and the relevant local government councils, require teachers in the
Public Service of a District Council to serve in any other district on any appropriate
duties.
(3) Transfers of teachers between the Public Service of the Government and the
Public Service of local governments, may be done only with the approval of the
appropriate authority after consultation with the Minister responsible for local
governments, the Minister responsible for education and the relevant local
government council.
29. Standing orders
(1) The Commission may make standing orders providing for the
administration and conduct of, and the terms and conditions of service of public
officers in the Education Service as required by paragraph (c) of clause (l) of article
168 of the Constitution.
(2) Until the Commission makes standing orders under this Act, any standing
orders in force in the public service immediately before the coming into force of this
Act shall, with the necessary modifications, continue to apply to the Education
Service as if made under this section.
(3) For the avoidance of doubt the standing orders continued to apply under
subsection (2) may be amended or revoked by the Commission under this section.
PART V—MISCELLANEOUS.
30. Appeals
(1) A person aggrieved by a decision of the Ministry responsible for education
or any other authority in relation to registration of teachers or grant of a licence to
teach may appeal to the Commission within thirty days after the decision is
communicated to that person and the Commission may confirm, vary or reverse the
decision.
(2) A person aggrieved by the decisions of the Commission on appeal may
within thirty days after the decision is communicated to him or her, appeal to the
High Court against the decision; and the High Court may confirm, vary or reverse
the decision or remit it to
the Commission for reconsideration.
(3) The decision of the High Court under this section is final.
31. Regulations
The Commission may, by statutory instrument, make regulations—
(a) providing for the formulation of national standards, in respect of
qualifications, appointment and staff development of public officers in
the Education Service;
(b) providing for the organisation of the work of the Commission and
guidelines for the District Service Commissions regulating the manner in
which they shall perform their functions in respect of functions delegated
to them by the Commission;
(c) providing for consultation by the Commission and the District Service
Commissions with persons other than members of the Commission or
District Service Commissions;
(d) regulating the manner in which matters shall be referred to the District
Service Commissions by the Commission and vice-versa;
(e) prescribing disciplinary penalties and awards;
(f) regulating the procedure for appeals heard and determined by the
Commission under this Act;
(g) for giving effect to the functions of the Commission under this Act.
32. Power of Minister to amend First Schedule
The Minister, may with the approval of the Cabinet, by statutory instrument, amend
the First Schedule to this Act.
33. Repeals, savings and transitional provisions
(1) The Public Service (Teachers) Act, 1969 is repealed.
(2) Notwithstanding the repeal effected by subsection (1) but subject to the
Constitution—
(a) any person employed in the service of the Ministry responsible for
education immediately before the commencement of this Act shall
continue in service as a member of the Education Service on terms not
less favourable than before;
(b) persons employed, in the service of the Ministry responsible fqr education
who at the commencement of this Act, are employed in the service of a
district shall continue to be employed in the service of the district but
shall form part of the Education Service;
(c) the Public Service Commission may, in consultation with the Commission,
make such arrangements as may be expedient for the practical
implementation of this section and may, for that purpose in co-operation
with the Commission and any other Service Commission, effect such
steps including transfers or other measures as may appear to be prudent
without prejudicing the interests of the public officers concerned;
(d) any proceedings pending under the enactment repealed by this Act may be
continued and completed under this Act so far as is consistent with this
Act.
FIRST SCHEDULE
SECTION 2
CURRENCY POINT
A currency point is equivalent to twenty thousand shillings.
SECOND SCHEDULE
SECTION 5
OATHS
PART I
OATH OF MEMBER OF EDUCATION SERVICE COMMISSION
I .................................... being appointed Chairperson/Deputy Chairperson/Member
of the Education Service Commission, swear in the name of the Almighty
God/Solemnly affirm that I will well and truly exercise the functions of
Chairperson/Deputy Chairperson/Member of the Education Service Commission in
accordance with the Constitution and the laws of the Republic of Uganda without
fear or favour, affection or ill-will, (so help me God).
PART II
SECTIONS 9, 10
OATH OF SECRETARY/ OFFICER OF COMMISSION.
T .................................... being appointed Secretary to/Officer
of/the Commission/being called upon to perform the functions of Secretary
to/Officer of/the Commission swear in the name of Almighty God/solemnly
affirm/that 1 will not directly or indirectly reveal to any unauthorised person or
otherwise than in the course of duty, the contents or any part of the contents of any
document, communication or information whatsoever which may come to my
knowledge in the course of my duties as such (so help me God).