CONSTITUTIONAL LIMITS
- In the exercise of its discretion the Commission must conform with existing regulations and the rules of natural justice as set out in sections 4 and 5 of the Constitution.
- Public officers have the right of appeal to the Public Service Appeal Board in respect of decisions of the Commission on disciplinary matters (PART 11 of the Constitution).
- Public officers may also apply to the High Court for judicial review of any decision of the Commission
- Section 129 provides that the Commission can only regulate its procedures with the consent of the Prime Minister.
- Section 111 (2) & (3) provides that the Commission consult with the Prime Minister before it makes an appointment to the offices of Solicitor General, Chief Parliamentary Counsel, Director of Public Prosecutions, Registrar General or Chief State Solicitor.
- Section 128 provides that the Commission must consult with the relevant Commission before appointing any officer from another Service.
- Constitution (Amendment) Act #43 of 2000 repealed section 129 of the Constitution (the ouster clause) which previously significantly limited the power of the court to enquire into.
