Appointment, etc. of public officers

137. Appointment, etc. of public officers (1) Subject to the provisions of this Constitution, the power to appoint persons to hold or act in offices in the public service (including the power to confirm appointments), the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Public Service Commission. (2) Subject to the provisions of this Chapter, the Public Service Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under subsection (1) to any one or more members of the Commission or, with the consent of the Prime Minister, to any public officer. (3) The provisions of this section shall not apply in relation to the following offices, that is to say - (a) the office of a judge of the Court of Appeal or of the High Court, the office of the Attorney-General, the office of Auditor-General and the office of Ombudsman; (b) the office of the Chief Electoral Officer; (c) except in relation to appointments thereto or to act therein, the office of Director of Public Prosecutions; (d) so far only as concerns appointments thereto or to act therein, the office of Principal Secretary, and the office of Government Secretary; (e) any office to which section 133 of this Constitution (which relates to offices within the jurisdiction of the Judicial Service Commission) applies; (f) any office the power to make appointments to which is vested in a Teaching Service Commission established in accordance with section 144 of this Constitution; (g) the office of Ambassador, High Commissioner or other principal representative of Lesotho in any other country; and (h) the office of Commander of the Defence Force and offices of members of the Defence Force, the office of Commissioner of Police and offices of members of the Police Force, the office of the Director of the National Security Service and offices of members of the National Security Service, and the office of Director of Prisons and offices of members of the Prison Service. (4) No person shall be appointed under this section to or to act in any office on the King's personal staff except with the concurrence of the King. (5) Before any of the powers conferred by this section in relation to the Clerk of a House of Parliament or a member of his staff are exercised by the Public Service Commission or any other person or authority, the Commission or that person or authority shall consult with the President or Speaker of that House. (6) Before the Public Service Commission or any other person or authority exercises its Page 79 powers under this section to appoint to or to act in any public office any person who holds or is acting in any office the power to make appointments to which is vested by or under this Constitution in the Judicial Service Commission or the Teaching Service Commission, the Public Service Commission or that person or authority shall consult with the Judicial Service Commission or the Teaching Service Commission, as the case may be. (7) A public officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of a judicial function conferred on him unless the Judicial Service Commission concurs therein.