The Executive

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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 state.
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 Public Service delivery
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 facilitate private


sector participation in industrialization and job creation
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
8) Coordinate the implementation of the National Decentralisation Policy.
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 Decentralisation Reforms.
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 developing Job Descriptions and
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 presentation of quarterly reports.
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 Secretary to the Cabinet.
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

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