Rwanda
Presidential Order determining Competent Authority and Modalities of Delegating Authority in Public Service
Presidential Order 77 of 2015
- Published in Official Gazette 41 on 12 October 2015
- Assented to on 30 September 2015
- Commenced on 12 October 2015
- [This is the version of this document from 12 October 2015.]
Chapter One
General provisions
Article one – Purpose of this Order
This Order determines competent authority and modalities of delegating authority in Public Service.Article 2 – Definitions
For the purpose of this Order, the following terms shall have the following meanings:1°competent authority: a public servant who is legally designated to perform certain duties;2°delegating authority: devolution of decision making powers and a process by which a manager assigns part of his/her workload to his/her subordinate;3°managerial position: a job position where a public servant is in charge of managing other employees and taking decisions;4°responsibility: An employee's opportunity or ability to act independently, take decisions and perform satisfactorily or complete tasks established by his/her job position or duties assigned by his/ her superior.Article 3 – Scope of application
This Order shall apply to authorities and public servants governed by the general statutes for public service.Chapter II
Modalities for delegating authority in public service
Section One – Competence of discharging duties
Article 4 – Competent authorities in public service
Competent Authority to discharge duties in public service bases on laws or a document signed by a supervisor of a public servant.Competent authorities to discharge some duties provided for by laws and delegates to whom such duties shall be delegated are in the table annexed to this Order.The delegation of authorities presented on the table on annex of this Order shall serve as a model for the authority who wants to delegate some of his/her authorities and has no binding force. Delegating or not delegating authorities shall be at the discretion of the authority in managerial position. However, if the authority in managerial position has decided to delegate authorities, he/she shall comply with principles provided for by this Order.Delegation of authority shall be complied with by adapting it to specific organisational structure of each public institution.Every public institution must identify its sector specific activities not covered in the table and reflects them in delegation of authority document in conformity with the present Order. The sector specific authority delegation document shall be approved by the senior management of the concerned institution.Section 2 – Conditions of authority delegation
Article 5 – Right to delegate authority
Delegation of authority shall be done by an authority to whom competence to exercise the authority is legally vested.Only officials having managerial responsibilities shall be allowed to delegate authorities.Article 6 – Requirements of delegation in delegating authority
Delegating authorities must respect the following requirements and restrictions:1°the delegator shall be in a superior position than the delegate;2°no delegation of authority shall be made if the law has expressively prohibited the delegation of such authority;3°no delegation authority can be further delegated;4°the delegated authority shall be conferred upon posts on the organizational structure and not personally on incumbents of such posts;5°the delegated authorities must be defined clearly indicating the related tasks and responsibilities, subsequent competences and their limitations;6°the delegated authority may be for specific period or non specific period;7°the delegator and delegate must have constant and clear communication about authorities delegated and the way duties are performed.Article 7 – Authority delegation document
Every authority delegation shall be certified by a written document made in three (3) original copies; the first to be kept by the delegator, the second by the delegate and the third shall be filed by the secretariat of the concerned institution. A copy of such document shall be reserved to the Minister in charge of finance and the Minister in charge of public service.The delegation document shall clearly indicate the delegator and delegate's job positions and well defined delegated duties or functions.Article 8 – Capacity of the delegate
The delegate shall exercise the responsibilities conferred to him/her in his/her own name, he/she signs the documents relating to delegated responsibilities provided to affix the words “By Authority Delegation” above his/her signature.Article 9 – Validity of acts passed by the delegate
Any function performed by the delegate under authority delegation, shall be valid and have value as performed by the delegator.Section 3 – Rights and obligations in delegating authority
Article 10 – Rights and obligations of the delegator
The delegator shall have rights to withdraw the delegated authorities or amend terms of a delegation document.The delegator shall also monitor and evaluate execution of delegated authority.If authority to be delegated concerns financial management, the Chief Budget Manager shall delegate part of his/her duties after having informed in writing the Minister in charge of finance with a copy to the Head of the concerned public Institution.Article 11 – Obligations of the delegate
In course of exercising the delegated authorities, the delegate shall abide by the following:1°exercise the authorities delegated to him/her as part of his/her duties;2°not trespass the delegated authorities;3°not sub-delegate authorities conferred upon him/her.4°submit to the delegator a report in writing on performance of delegated authorities within a period defined by a delegating document.Article 12 – Responsibility and accountability over the delegated duties
The delegator shall remain administratively responsible and accountable for acts or omissions performed by the delegate.The delegate shall be administratively accountable to his/her delegator.Chapter III
Final provisions
Article 13 – Authorities responsible for the implementation of this Order
The Prime Minister, the Minister of Public Service and Labour and the Minister of Finance and Economic Planning are entrusted with the implementation of this Order.Article 14 – Repealing provision
All previous contrary to this Order are hereby abrogated.Article 15 – Commencement
This Order shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.History of this document
12 October 2015 this version
Commenced
30 September 2015
Assented to