BE IT ENACTED by His Excellency The Lord High Chancellor, with the Advice and Consent of His Excellency’s Council, and by the authority of the same, as follows—

Chapter 1 Preliminary

1 Short title

This Act may be cited as the Gabon Public Service Act 2020.

2 Simplified outline

The following is a simplified outline of this Act:

What this Act covers

This Act creates the Gabon Public Service (GPS), an efficient apolitical public service that manages all government agencies in Gabon.

Employees of the service

The GPS may employ any citizen of Gabon to perform work for one of its agencies. All employees must be paid a reasonable wage for the work they complete. The GPS must provide them with tools and goods to complete the work. These remain owned by the GPS and must be returned, or the employee commits a criminal offence.

Finances and the Director-General

The GPS has a “consolidated fund” consisting of all monies it receives or generates. All money spent by the GPS must come from the consolidated fund.

The Director-General is the person in charge of the GPS. They are in charge of all employees, agencies and monies of the GPS. They are appointed by the Lord's Council and may be removed from office at any time.

Heritage rules

This Act also establishes a heritage regime for Gabon. The Director-General may list places in Gabon on the heritage register. Any places on the register may not be built on, modified, damaged or destroyed. Anyone who does any of these things commits a criminal offence. The Lord's Council may remove a place from the heritage register.

3 Purpose

The purpose of this Act is—

1. to establish an apolitical public service that is efficient and effective in serving the Government, the Lord's Council and the Gaboner public; and
2. to provide a legal framework for the effective and fair employment, management and leadership of GPS employees; and
3. to define the powers, functions and responsibilities of agency Heads; and
4. to establish rights and obligations of GPS employees.

4 Definitions

In this Act—

director general means the Director General of the GPS.

government official means the Lord High Chancellor, the Vice Chancellor and every member of the Lord's Council.

GPS means the Gabon Public Service established by section 5.

GPS employee means an individual engaged on behalf of Gabon as an employee to perform functions in an agency.

Chapter 2 Gabon Public Service

Part 1 Establishment

5 Establishment of Gabon Public Service

1. The Gabon Public Service is established.
2. The service—
   1. is a body corporate; and
   2. has a seal; and
   3. may sue and be sued in its corporate name.

6 Functions of service

The service's functions are—

1. to provide support to the Lord's Council in administering government programmes in line with the agencies established by this Act; and
2. to generate novel significant income sources for Gabon; and
3. to provide for the construction, maintenance and renovation of government-owned buildings and other buildings affected by this Act; and
4. to implement the town planning needs of Gabon; and
5. to provide for the protection of the environment, especially those aspects of the environment that are matters of national environmental significance; and
6. to provide for the protection, maintenance and conservation of Gabon's cultural heritage for the benefit of the community and future generations; and
7. to provide the best possible public passenger transport at reasonable cost to the community and government.

7 General powers of service

1. The service has all the powers of an individual, and may, for example—
   1. enter into contracts; and
   2. acquire, hold, dispose of, and deal with property; and
   3. appoint agents and attorneys; and
   4. fix charges, and other terms, for services and other facilities it supplies; and
   5. do anything else necessary or convenient to be done for, or in connection with, its functions.
2. Without limiting subsection (1), the service has the powers given to it under this or another Act.
3. The service may exercise its powers inside or outside Gabon.

8 Engagement of employees in agency

1. All GPS employees must be engaged under this Act, or under the authority of another Act.
2. Subsection (1) does not apply to persons engaged on an honorary basis.
3. A GPS employee must be attached to an agency, but may be attached to more than 1 agency.

9 Service values

Committed to service

1. The GPS is professional, objective, innovative and efficient, and works collaboratively to achieve the best results for the Gaboner community and the Government.

Ethical

2. The GPS demonstrates leadership, is trustworthy, and acts with integrity, in all that it does.

Respectful

3. The GPS respects all people, including their rights and their heritage.

Accountable

4. The GPS is open and accountable to the Gaboner community under the law and within the framework of Ministerial responsibility.

Impartial

5. The GPS is apolitical and provides the Government with advice that is frank, honest, timely and based on the best available evidence.

10 The GPS Code of Conduct

1. A GPS employee must behave honestly and with integrity in connection with GPS employment.
2. A GPS employee must act with care and diligence in connection with GPS employment.
3. A GPS employee, when acting in connection with GPS employment, must treat everyone with respect and courtesy, and without harassment.
4. A GPS employee, when acting in connection with GPS employment, must comply with all applicable Gabonese laws.
5. A GPS employee must comply with any lawful and reasonable direction given by someone in the employee’s agency who has authority to give the direction.
6. A GPS employee must maintain appropriate confidentiality about dealings that the employee has with any government official or government official’s member of staff.
7. A GPS employee must:
   1. take reasonable steps to avoid any conflict of interest (real or apparent) in connection with the employee’s GPS employment; and
   2. disclose details of any material personal interest of the employee in connection with the employee’s GPS employment.
8. A GPS employee must use Gabonese resources in a proper manner and for a proper purpose.
9. A GPS employee must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee’s GPS employment.
10. A GPS employee must not improperly use inside information or the employee’s duties, status, power or authority:
    1. to gain, or seek to gain, a benefit or an advantage for the employee or any other person; or
    2. to cause, or seek to cause, detriment to the employee’s agency, Gabon or any other person.
11. A GPS employee must at all times behave in a way that upholds:
    1. the GPS Values; and
    2. the integrity and good reputation of the employee’s agency and the GPS.
12. A GPS employee on duty overseas must at all times behave in a way that upholds the good reputation of Gabon.
13. A GPS employee must comply with any other conduct requirement that is prescribed by the regulations.

Part 2 Finance

11 Consolidated fund established

1. A fund named the consolidated fund is established.
2. All revenues of the GPS are to form the consolidated fund.
3. The consolidated fund is to be appropriated for the GPS as directed by the director general, subject to this Act.

12 Expenditure must come from consolidated fund

All expenditure in relation to the GPS must be paid out of the consolidated fund.

13 Payment from consolidated fund

1. The payment of an amount from the consolidated fund must be authorised under an Act.
2. Further, the Act authorising the payment must specify the purpose for which the payment is made.

14 Accounting for income and expenditure

The director general must account for all income and expenditure to and from the consolidated fund.

15 Requirement to produce accounting materials

1. The Lord's Council may, by written notice, require the director general to produce to the Lord's Council all accounting materials relating to the consolidated fund.
2. A notice for subsection (1) must provide a date, at least 3 days in the future, by which the director general must comply.
3. If the director general fails to comply with a notice under this section, the director general is in contempt of council and may be punished by the Lord's Council as it sees fit.

Part 3 Director General

16 Appointment of director general

The Lord's Council may appoint a citizen of Gabon to be the director general.

17 Title of director general

The director general is called the Director-General of the Gabon Public Service.

18 Administrative responsibility of director general

1. Without limiting the responsibilities, functions or powers of the director general, the director general, subject to this Act, is responsible for—
   1. the administration of the GPS and its agencies; and
   2. the orderly, efficient and expeditious exercise of this Act.
2. Subject to this Act, the director general has power to do all things necessary or convenient to be done to perform responsibilities under subsection (1).

19 Functions of director general

The functions of the director general, in addition to any other responsibilities, are—

1. to provide the Lord's Council with information about the activities of the GPS; and
2. to coordinate the activities of the GPS, ensuring that deliverables are completed according to schedule and budget; and
3. to attract and retain the best talent as GPS employees.

20 Term of appointment of director general

The director general continues in office until the earliest of the following—

1. the Lord's Council, by written notice, revokes the appointment of the director general; or
2. the director general, by written notice, resigns.

Chapter 3 Employment by the GPS

Part 1 General provisions

21 All employees employed under this Chapter

1. All GPS employees are employed under this Chapter.
2. No contract, agreement or understanding can displace the minimum requirements of this Chapter, but can create further obligations consistent with this Chapter.

22 Employees to be paid

1. All GPS employees must be remunerated for work completed at the direction of the GPS.
2. Remuneration under this section must be reasonable but not excessive.

23 Employees to be provided tools

1. This section applies where a GPS employee is directed to perform work which requires certain tools to be completed.
2. The GPS must provide the employee with the necessary tools, unless subsection (3) applies.
3. The GPS must pay the employee a fair tool allowance if any of the following apply—
   1. the GPS does not provide the employee with the necessary tools;
   2. the GPS enters into an agreement with the employee for the employee to provide their own tools.
4. In this section—
   fair tool allowance, for a necessary tool, means a payment that covers the fair market value of—
   1. if the tool was used until it broke—the tool; or
   2. otherwise—the depreciation in value caused to the tool by the employee completing the relevant work.

24 Employees to be provided goods

1. This section applies where a GPS employee is directed to perform work which requires certain goods to be completed.
2. The GPS must provide the employee with the necessary goods.

25 Ownership of tools and goods

1. This section applies to any tools or goods supplied to a GPS employee under this Part.
2. The GPS remains the owner of the tools or goods.
3. The employee must return the tools or goods to the GPS at the completion of the work.

Note—
It is an offence for a GPS employee to fail to return tools or goods. See section 27.

26 Qualification of workers

1. An individual must be a citizen of Gabon to be employed by the GPS.
2. A government official may be employed by the GPS.

Part 2 Offences

27 Failing to return tools or goods

A GPS employee commits an offence if the person fails to return tools or goods the person received from the GPS.

Maximum penalty—20,000 Gabonese Francs.

28 Receiving tainted property

1. A person who receives tainted property, and has reason to believe it is tainted property, commits a crime.

Maximum penalty—20,000 Gabonese Francs.

2. In this section—
   tainted property means a thing that has been obtained by way of an act constituting an offence against this Part.

Chapter 4 Agencies of the GPS

Part 1 Agencies generally

29 Establishment of agencies

The agencies of the GPS are those listed in column 1 of schedule 1.

30 Functions of agencies

1. Each agency of the GPS has the functions listed in column 2 of schedule 2.
2. Each agency also has the function to do anything incidental to each of its functions.

31 Names of agencies

Each agency of the GPS is called the name listed in column 1 of schedule 1 followed by the word ‘Agency’.

32 Agencies are not distinct entities

Each agency forms part of the GPS, but is not a distinct entity.

Part 2 Heads of agencies

32A Definitions

In this part—

employee, of an agency, means a GPS employee who is attached to the agency.

32B Agency head

1. Each agency has an individual who is the head of the agency.
2. Each head is called ‘Head of the’ followed by the name of the agency.

Example for subsection (2)—
There is an Agricultural Agency. Pierre is the head of that agency. Pierre is known as the Head of the Agricultural Agency.

32C Function of agency head

The function of an agency head is to ensure that the agency achieves its functions in a manner consistent with this Act.

Note—
See sections 3 (Purpose), 6 (Functions of service) and 9 (Service values).

32D Powers of agency head

1. An agency head may do anything that is reasonably necessary to achieving the functions of the agency.
2. Without limiting subsection (1), an agency head may direct agency employees of the GPS to perform tasks for the agency.

33E Appointment of agency head

The director general may appoint a citizen of Gabon to the office of any vacant agency head.

33F Removal of agency head

1. The director general may remove an agency head from office at any time for any reason.
2. The Lord's Council may require the director general to remove an agency head from office.
3. The director general must comply with a direction under subsection (2).

33G Membership of Cabinet Office

Each agency head is appointed by this Act as an ex officio member of the Cabinet Office.

Chapter 5 Heritage rules

Part 1 Preliminary

33 Definitions

In this chapter—

aesthetic significance, of a place or artefact, includes its visual merit or interest.

conservation includes protection, stabilisation, maintenance, preservation, restoration, reconstruction and adaptation.

cultural heritage significance, of a place or feature of a place, means its aesthetic, architectural, historical, scientific, social, or other significance, to the present generation or past or future generations.

feature, in relation to a place, includes the following—

1. a building or structure, or part of a building or structure;
2. an artefact, including an archaeological artefact and underwater cultural heritage artefact;
3. a precinct;
4. a natural or landscape feature.

place means a defined or readily identifiable area of land and includes—

1. any feature on that land; and
2. any part of the immediate surrounds of a feature mentioned in paragraph (a) that may be required for its conservation.

Part 2 Heritage register

34 Criteria for entry on heritage register

1. A place may be entered in the heritage register if it satisfies 1 or more of the following criteria—
   1. the place is important in demonstrating the evolution or pattern of Gabon’s history;
   2. the place demonstrates rare, uncommon or endangered aspects of Gabon’s cultural heritage;
   3. the place has potential to yield information that will contribute to an understanding of Gabon’s history;

   Example of a place for paragraph (c)—
   a place that has potential to contain an archaeological artefact that is an important source of information about Gabon’s history

   4. the place is important in demonstrating the principal characteristics of a particular class of cultural places;
   5. the place is important because of its aesthetic significance;
   6. the place is important in demonstrating a high degree of creative or technical achievement at a particular period;
   7. the place has a strong or special association with a particular community or cultural group for social, cultural or spiritual reasons;
   8. the place has a special association with the life or work of a particular person, group or organisation of importance in Gabon’s history.
2. A place is not to be excluded from the heritage register on the ground that places with similar characteristics have already been entered in the register.

35 Administration of heritage register

1. The director general may enter a place in the heritage register under section 34.
2. The Lord's Council may remove a place from the heritage register.

Part 2 Offences

36 Restricted dealing with places on heritage register

1. A person must not damage or modify a place on the heritage register.

Maximum penalty—30,000 Gabonese Francs.

2. But the director general may authorise a person to carry out repairs on a place on the heritage register.

Chapter 6 Transitional provisions

Part 1 Transition between services

37 Definitions

In this part—

former Act means the Civil Service Act 2020.

outgoing head means the Head of the Varkonian Civil Service established by section 2.4 of the former Act.

Varkonian Civil Service means the service established by the former Act.

38 Head must report to Lord's Council

1. Within 7 days of this section commencing, the outgoing head must provide a report to the Lord's Council detailing the following—
   1. all outstanding projects that relate to Gabon;
   2. all planned projects that relate to Gabon that have not been started;
   3. any outstanding payments to workers who are citizens of Gabon;
   4. property owned by the Varkonian Civil Service located within Gabon.
2. The outgoing head ceases to hold that office once the report is tabled in the Lord's Council.

39 Transfer of ownership of headquarters

The GPS is the owner of the headquarters of the Varkonian Civil Service.

Part 2 Repeals

40 Civil Service Act repealed

The Civil Service Act 2020 is repealed.

Schedule 1

Endnotes:

This Act was originally tabled to His Excellency's Council on 7 October 2020.

This Act was enacted by His Excellency with the advice of the Lord's Council, and entered into force, on 8 October 2020.

This Act was amended by the Justice Legislation Omnibus Amendment Act 2020 on 9 November 2020:

• amd s 8 ins sub-s (3)
• ins ch 4 pt 1 hdg
• ins ch 4 pt 2