The Executive 1

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THE EXECUTIVE

 Meaning and Functions of the Executive Branch of


Government
 In a government of separation of powers, that part which is
responsible for applying or administering the law.

 The term executive is used to designate or denote all the offices of


the government whose business is to execute or put into effect the
laws and policies of the government.

 The executive is the first round, which the usual administration of the
state revolves and includes all officials engaged in administration.

 The executive in Zambia is composed of the president, Ministers and


the civil servants.
 - Constitution 2016: There shall be a President of the Republic who
shall be the Head of State and Government and Commander-in-Chief
of the Defence Force.
THE EXECUTIVE continued…
 The executive authority of the State vests in the President and,
subject to this Constitution, shall be exercised directly by the
President or through public officers or other persons appointed
by the President.

 The president is “the supreme head of the Nation, head of the


government and … politically responsible for the general
administration of the country.”

 Both the president and the vice-president are directly elected,


using the entire country as a single constituency.

 The president is elected for a fixed five year term and may be
re-elected only once for a consecutive term.
Functions of the Executive Branch of Government
 The most fundamental function of the executive are those which relate
to essential activities of the government. The modern state of too
complex structure and it has to cater for the satisfaction of enumerate
human needs.
 The government is now regarded as the means for achieving the welfare
of man. It provides for atmosphere in which welfare can be realised.
a) Internal Administration
1) The purpose of government cannot be realised unless there is internal peace and
order. It is the foremost duty of the executive to devise ways and means for
ensuring the maintenance of peace within a country.
2) It is the duty of the executive to implement policies and direct the execution of
laws.

3) The executive divides the work of the government into different departments and
agencies in such a manner as to ensure efficient and effective administration.

4) The executive coordinates the business of the government.


Functions of the Executive Branch of Government
 The primary function of executive is to enforce laws and to
maintain law and order in the state.

 Whenever a breach of law takes place, it is the responsibility of


the executive to plug the breach and bring the offenders to
book.

 Each government department is responsible for the


implementation of the laws and policies concerning its work.

 For maintaining law and order in the state, the executive


organises and maintains the police force.
Functions of the Executive Branch of Government
b) External Administration
1) All states exists under conditions of mutual dependency to ensure mutual peace
and security and to avoid all acts of aggression against countries, states adjust
their difference in any way through diplomatic negotiations in order to further
international good will, representation appointed to foreign countries.

2) The department which coordinates the foreign relations is called the Ministry of
Foreign affairs.

3) To further the relationship which exists between countries, the executive foreign
mission has embassies and high commissioners (appoint ambassadors, high
commissioners, plenipotentiaries, diplomatic representatives and consuls

4) Treaty-making Functions: It is the responsibility of the executive to decide as to


which treaties are to be signed with which other countries. The executive
negotiates the treaties in accordance with the procedure defined by international
law and also in accordance with the provisions the constitution of the state. Each
treaty is signed by a member of the executive. Most of the treaties also require
ratification by the legislature of the Parliament. It is again the responsibility of the
executive to secure legislative approval for the treaties signed by it.
Functions of the Executive Branch of Government
c) Defence and Security
 One of the key functions of the state is to defend and preserve the unity and
integrity of the country and protect it in the event of an external aggression or
war. It is the responsibility of the executive to undertake this work.

 To organise military for the defence of the state, to prepare for and fight the
war, if it becomes necessary, and to negotiate and sign peace settlement after
every war, are the functions performed by the executive.

 It as an essential function of the government to secure territorial integration of


the state and protecting the country from the external aggression.

 The executive is the final judge of the nature of the threat to the security of
the country. It has the prime responsibility to take all such steps as are needed
in the interest of the security and integrity of the state.

 The chief executive of the state is also the supreme commander of the armed
forces of the state.
Functions of the Executive Branch of Government
d) Financial
 All government spend good sums of money to perform various funding when
money is to be spent it has to be obtained through some means.

 Governments meets its expenditure by taxing the people and typing other sources
of income.

 This is the executive function and the department, which makes provisions of ways
and means to raise government revenue, is the Ministry of Finance in the case of
Zambia.
 the executive exercises a number of financial functions.
 It has the responsibility to prepare the budget.
 It proposes the levy of new taxes or changes in tax structure and administration. It collects and
spends the money as sanctioned by the legislature.
 The executive decides the ways and means through which the money is to be collected and
spent.
 It formulates all economic policies and plans. https://www.mof.gov.zm/?wpfb_dl=322
 It takes suitable measures for regulating the production and distribution of goods, money
supply, prices and exports and imports.
 It contracts foreign loans, negotiates foreign aid and maintains the financial credibility of the
Functions of the Executive Branch of Government
e) Miscellaneous Functions
 The government responds to national disasters such as flood
army wormy worms breakouts of diseases such as cholera etc.
Checks and balances

 Appointment-making Functions: All major appointments are


made by the chief executive.
 As for example, the President appoints the Chief Justice and other
Judges of the Supreme Court and High Courts.
 Ambassadors,
 Members of Union Public Service Commission,
 Governors of States etc.
Cabinet
 Cabinet Office is the highest administrative office in the Public
Service responsible for coordinating the effective implementation
of government policies, systems and procedures and the
monitoring and evaluation of the overall performance of the
Public Service for the efficient administration of Government.

 It operates directly under the office of the President for the


Republic of Zambia. The vision which converges with overall
Government vision challenges Cabinet Office to be a Center of
Excellence in Public Service administration and enhance capacity
to enforce its oversight and coordinating role in modernizing the
Public Service.

 To effectively coordinate and oversee government policies and


programs and facilitate the conduct of Cabinet business in order
to secure the general efficiency and effectiveness of the Public
Service. To achieve increased effectiveness and efficiency in the
Cabinet
a) Office of the Secretary to Cabinet
 The Office of the Secretary to the Cabinet is established under Article
(176) of the Constitution of Zambia and is responsible to the President
for securing the general efficiency and effectiveness of the Public
Service. Specifically, the functions are:

1. Ensuring translation of Cabinet decisions into government policies and


programmes in order to facilitate implementation of the decisions by
appropriate Public Service institutions

2. Providing and spearheading the implementation of the strategic vision of


the Public Service in order to facilitate its transformation and attainment of
Government priorities;

3. Coordinating the development and implementation of Reforms with a


view of improving public service delivery

4. Overseeing the development and implementation of interventions to


Cabinet
5. Monitoring and evaluating the overall performance of the Public
Service;

6. Facilitating the implementation of decentralization and rural


development in order to improve delivery of quality services by local
authorities and promote balanced socio-economic development;

7. Overseeing ad-hoc Commissions of Inquiry and arbitrating


appeals from contending ministries and agencies as well as
performing functions that are not allocated to any ministry, and

8. Coordinating and overseeing the Administration and management


of the Public Service.

9. The Secretary to the Cabinet is assisted by two Deputy


Secretaries to Cabinet. One responsible for Administration and the
other responsible for Finance and Economic Development.
Management Development Division
 Management Development Division (MDD) is one of the Divisions
of Cabinet Office.

 The Division is responsible for designing and implementing


reform initiatives including management systems that facilitate
the attainment of optimum individual and organisational
capacities in the Public Service to achieve and sustain efficiency
and effectiveness in the delivery of public services.

 The Division is the internal Management Consultancy Service for


the entire Government. Management Development Division
facilitate the attainment of optimum individual and organisational
capacities in the Public Service in order to achieve and sustain
efficiency and effectiveness in the delivery of Public Services.

 MDD being an integral part of Cabinet Office directs its activities


and efforts towards the achievement of Cabinet Office Mission.
Management Development Division Functions
1) Managing effectively the implementation of the Public Service Reform
Programme (PSRP) in order to ensure attainment of programme objectives;
2) Facilitating the development of Strategic Plans in order to provide an
operational framework for ministries, provinces and service commissions
including other public institutions;
3) Facilitating effectively the development of optimum organizational structures
and determining appropriate staffing levels in order to ensure the successful
implementation of the Strategic Plans and maintain an affordable Public Service;
4) Developing and facilitating the implementation of results-oriented performance
management systems in order to improve performance and productivity;
5) Facilitating individual and organizational capacity building in order to enhance
and sustain performance accountability and productivity in the Public Service;
6) Monitoring and evaluating the implementation of the reform programme
activities in order to establish their effectiveness and come up with appropriate
intervention measures;
7) Reviewing Strategic Plans, Work Plans, Structures and Performance
Management Systems (PMS) in order to align them to the changing environment;
and
Management Development Division Structure
• The Division’s structure comprises three (3) Sections and is headed
by a Permanent Secretary. The Sections are Strategic Planning,
Organisation Design and Systems and Performance Systems.

• In addition to the three Sections, the Division oversees the functions


of the Decentralisation Secretariat whose main responsibility is to
oversee the implementation of the National Decentralisation Policy.

• As part of implementing the National Decentralisation Policy there is


established a Decentralisation Policy Implementation Committee
(DPIC) comprising of Permanent Secretaries.

• The Committee is chaired by the Secretary to the Cabinet and


serviced by the Secretariat. The Committee provides overall
coordination and guidance on the implementation of the
Management Development Division Structure
• Strategic Planning Section
• The main role of the section is to facilitate the development and review of
Institutional Strategic Plans for all government Ministries/Institutions in order to
provide them with current and effective operational frameworks. The section
also monitors and evaluates implementation of Strategic Plans to ensure
attainment of Ministerial/Institutional goals. The Section also conducts
Management and Performance Audits of Public Institutions.
• Organisation and Systems Design
• The main role of the section is to design appropriate organization structures and
systems, determine optimum staffing levels and monitor and evaluate their
implementation in order to facilitate the operationalisation of Strategic Plans for
Ministries and institutions and enhance the effective, efficient and accountable
conduct of government responsibilities and functions, taking into account
changes in the environment that might influence organization structures from
time to time.
• Performance Systems Section
• The main role of the Section is to develop and implement result-oriented
Performance Management System in the Public Service in order to improve
individual and organizational performance. The Section is also responsible for
Operationalisation of The Various Policy Measures
• The Division is also responsible for operationalising the various policy
decisions made by Government. These include:

a) Quarterly Ministry Progress Reports to The Presidency


• Government recognizes that Ministries are key to the delivery of public
services and thereby restoring the confidence of the Zambian people in
their Government. Monitoring the performance of Ministries/Public
Institutions is therefore at the heart of the Government Leadership.

• It is for this reason that His Excellency the President directed ALL
Government Ministries to prepare and present Quarterly Progress Reports
to him. The first of such reporting was done during February – March
2017 for the fourth quarter of 2017.

• The Division, in collaboration with the Ministry of National Planning,


provides technical support to Ministries in the preparation and
Operationalisation of The Various Policy Measures
b) Performance-Based Contracts System in The Public
Service
• Government in 2015 decided to introduce A Performance Based
Contract system beginning with Permanent Secretaries as chief
executive officers responsible for the effective and efficient
management of ministries/institutions.

• The purpose of the Contracts, which are based on clearly


established and agreed priorities for the Ministry/Institution, is to
ensure and enhance accountability for performance in the public
service. The first of such contracts for Permanent Secretaries
were prepared and signed off for 2016.

• The Division, in consultation with Ministries, is responsible for


preparation and management of the Contracts on behalf of the
Operationalisation of The Various Policy Measures
c) Human Resource Management Reforms
• The Division is spearheading the implementation of the Human
Resource Reforms.

• The aim of the reforms is to delegate some human resource


management powers and functions from the Sector Service
Commissions to Ministries, Provinces, Districts and Local
Authorities and empower them to make timely decisions thereby,
facilitating speedy decision making on Human Resource matters.

• To augment the reforms the Government has enacted the Service


Commissions Act No.10 of 2016 which has repealed and replaced
the Service Commissions Act 1991. Currently, the Service
Commissions Regulations are being prepared which once
finalized will pave the way for the actual delegation of powers.
Operationalisation of The Various Policy Measures
d) The Balanced Score Card
• Government has introduced the Balanced Score Card (BSC) in
the Zambian Public Service. The Balanced Score Card is a
management System and a strategic planning tool that enables
organisations to clarify their Vision and Strategy and translate
them into action.
• The term “scorecard” signifies quantified performance measures
while “balanced” signifies the system is balanced between:
• Short-term and long-term objectives;
• Financial and non-financial measures;
• Lagging and leading indicators; and
• Internal and external perspectives.
Operationalisation of The Various Policy Measures
e) Creation/Re-Alignment of Ministries
• Article 92. (2) (d) of The Constitution of Zambia empowers His
Excellency the President to establish, merge and dissolve
Government Ministries and Departments, subject to approval by
National Assembly.

• Once, the President established new Ministries or re-aligns existing


ones.

• The Division facilitates the operationalization of such directives


through the design of appropriate organisation structures, defining
their functions as well as accompanying staffing levels and
implementation of performance management systems.

• This includes the realignment of Statutory Functions and Portfolios.


Policy Analysis and Coordination Division
• The Policy Analysis and Co-ordination (PAC) Division is responsible for:
a) The co-ordination of national policies and programmes to ensure that they are
compatible with each other and the overall policy of Government

b) Recording Cabinet proceedings, writing minutes of Meetings and drafting letters


conveying Cabinet decisions to line Ministries for implementation

c) Analysing policy proposals for consideration by Cabinet in order to assess their


consistency with Government policy

d) Ensure that they are well written and researched and that adequate consultation
with other concerned Government Ministries/Departments and stakeholders has taken
place

e) Provide Cabinet with an independent and analytical assessment of proposals from


National, as opposed to Ministerial, points of view

f) Co-ordinate and facilitate the implementation of National Policies and programmes

g) Monitoring and evaluating the implementation of National Policies and programmes

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