Historical Perspective of the Local Government Service Commission

5.1 Human Resource Management in the Local Government.

Zambia has over the years employed three (3) systems of Human Resource Management in Local Government namely:

• Separate System – each Local Authority appointed, developed and managed its own staff;
• Unified Local Government service system – central body given power to employ staff in all Local Authorities (LGSC); and
• Integrated Public Service system –all Public Service staff (Civil Servants and Council employees) are under one body at the district.

5.2   Enactments, Repeals, Amendments and Replacements of the Local Government Acts.

• 1964 ( Independence, UNIP Government) :–

• Each Local Authority was autonomous and employed own staff.
• Had freedom to plan HR requirements based on each Council’s needs – recruitment, development and retention.
  • 1965 (Post Independence): –

Local Government Act Cap 477 established a part – time Local Government Service Commission to:

• Determine salaries/salary structures & other conditions of service;
• Spell out qualifications for specified officers such as Town Clerks, Council Secretaries, Treasurers, Engineers e.t.c.;
• The Act also determined tenure of office, duties & functions of officers;
• The Minister of Local Government under this act established and constituted Boards which recruited and performed similar functions to those of the part –time LGSC but for rural Councils only;
• The Part – Time LGSC did not necessarily appoint officers but merely approved the appointment of specified officers;
• Appointment, selection, training and discipline still remained with individual Local Authorities;
• LGSC dealt with appeals as an appellate body;
• It was generally held that the LGSC in its form then failed to effectively discharge the functions for which it was created.

• 1975: – A Unified Local Government System was established:

A full – time LGSC was appointed by the President under the LGS Act No. 33 of 1974 with power to recruit, transfer, discipline officers and regulating the conditions of service. Local Authorities no longer had the mandate to manage staff. This system continued until 1980 when the Local Government Administration Act No. 15 of 1980 was enacted.

5.2.4 1980: – System changed from Local Government to Local Administration. Local Authorities became agents of the Party and Its Government (United National Independence Party, UNIP).

• Council officers became Civil Servants and their salary structures were the responsibility of Central Government;
• b) Provincial Local Government Boards were created to deal with discipline and appeals from aggrieved Council employees;

5.2.5 1991 (MMD Government): – The LGA Act was repealed and replaced by the LG Act No. 22 of 1991;

• The Minister of Local Government and Housing had power to make regulations, appoint and establish the LGSC;
• b) The Minister exerted excessive influence over appoints and transfers of staff.

5.2.6 1996: – HRM in Local Government reverted to the separate system following the dissolution of the Local Government Service Commission.

• Subsequently Statutory Instrument No. 115 of 1996 was issued.
• The SI gave powers to the Local Authorities to appoint, second, dismiss, promote and establish offices in Councils.
• Provincial Service Boards were also established to review disciplinary cases and hear appeals from aggrieved officers
• Staff were not transferable from one Council to another.
• Officers were at the mercy of elected officials.
• Nepotism and lobbying was deeply entrenched under this system.

5.2.7 2010: – The Local Government (Amendment) Act No. 6 of 2010 was enacted.

• It re-established the LGSC for the fourth time
• b) The Act gave absolute power to the LGSC over staff in division I – III
• c) The Act further reserved the power to give general directions to the Commission by the President or the Minister of Local Government and Housing.

5.2.8 2016 to Date – 

The Constitution of Zambia (Amendment) Act No. 2 of 2016 Article 228 established the Local Government Service Commission to:

• Appoint the Town Clerk and the Council Secretary of a local authority;
• constitute offices in the Local Government Service;
• appoint, confirm, promote and hear appeals from officers of the Local Government Service;
• ensure efficient and effective functioning of local authorities; and
• perform such other functions as prescribed.

It is important to note that for the first time in the history of the country the Local Government Service Commission was now under the Supreme Law of the Land (Constitution). This development has given the Commission the permanency just like other Service Commissions.