9. Powers of executing authority.�(1) The appointment of any person or the promotion or transfer of any officer or employee in the employ of a department shall be made by the relevant executing authority or by an officer or officers to whom the said authority has delegated his or her power of appointment, promotion or transfer.
(2) Subject to the provisions of this Chapter, appointments and promotions in, and transfers in or to, the public service shall be made in such manner and on such conditions as may be prescribed .
Appointments in public service
9. An executive authority may appoint any person in his or her department in accordance with this Act and in such manner and on such conditions as may be prescribed.
Qualifications for appointment
10. (1) No person shall be appointed permanently or be transferred and appointed permanently under section 15 (1), whether on probation or not, to any post in the A or B division on the establishment in a department unless he or she�
����������� (a) ������� is a South African citizen or permanent resident; and;
����������� (c) ������� in so far as his or her condition of health is concerned, complies with such requirements as may be prescribed. a fit and proper person.
(2) Notwithstanding the provisions of subsection (1) (c), a person may be appointed on probation, but his or her appointment shall not be confirmed unless he or she complies with the requirements contemplated in that paragraph .
Appointments and filling of posts
11. (1) In the making of appointments and the filling of posts in the public service due regard shall be had to equality and the other democratic values and principles enshrined in the Constitution.
(2) In the making of any appointment or the filling of any post in terms of section 9 in the public service�
����������� (a) ������� all persons who applied and qualify for the appointment, transfer or promotion concerned shall be considered; and
����������� (b) ������� the evaluation of persons shall be based on training, skills, competence, knowledge and the need to redress, in accordance with the Employment Equity Act, 1998 (Act No. 55 of 1998), the imbalances of the past to achieve a public service broadly representative of the South African people, including representation according to race, gender and disability.
(3) Notwithstanding the provisions of subsection (2), the relevant executing authority may, subject to the prescribed conditions, approve the appointment, transfer or promotion of persons to promote the basic values and principles referred to in section 195 (1) of the Constitution.
12. Appointment of heads of department.�(1) Any person who immediately prior to the commencement of the Public Service Laws Amendment Act, 1997�
����������� (a) ������� was appointed in the office of head of department or to any post mentioned in the second column of Schedule 2 or 3, or was promoted or transferred to that office or post; or
����������� (b) ������� was promoted or transferred from the office of head of department referred to in paragraph (a) to another office of head of department,
shall occupy, subject to the provisions of Chapter V and any collective agreement contemplated in section 18 (b) of the Public Service Laws Amendment Act, 1998�
����������� (i) �������� in the case of a person referred to in paragraph (a)�
����������� (aa) ������ that office for a period of five years as from the date of his or her appointment, promotion or transfer, or the shorter period approved by the relevant executing authority, and if the term of office was extended at the expiry thereof, for the extended period approved by that executing authority;
����������� (bb) ������ that post for a period of five years as from the date of commencement of the Public Service Laws Amendment Act, 1997;
����������� (ii) �������� in the case of a person referred to in paragraph (b), the latter office for the remainder of the term of office which applies to him or her in terms of paragraph (i) in respect of the former office, and if the term of office was extended at the expiry thereof, for the extended period approved by the relevant executing authority.
(2) As from the date of commencement of the Public Service Laws Amendment Act, 1997�
����������� (a) ������� a person shall be appointed in the office of head of department in the prescribed manner, on the prescribed conditions and in terms of the prescribed contract between the relevant executing authority and such a person for a period of five years from the date of his or her appointment, or such shorter period as that executing authority may approve;
����������� (b) ������� the term of office as head of department of such a person may be extended at the expiry thereof in accordance with the terms and conditions of the contract or a further contract, as the case may be, concluded between that executing authority and such a person for a period or successive periods of not less than twelve months and not more than five years, as that executing authority may approve;
����������� (c) ������� the term of office as head of department of any person referred to in subsection (1), or any extended term thereof, may be extended at the expiry of the term of office or extended term, as the case may be, in the prescribed manner for a period of not less than twelve months and not more than five years, as the relevant executing authority may approve, provided the said person concludes the prescribed contract with that executing authority, whereupon any further extension of his or her term of office shall, subject to the provisions of paragraph (b), take place in accordance with the terms and conditions of that contract or a further contract, as the case may be.
(3) Notwithstanding the provisions of subsection (1), any person referred to in that subsection may at any time after the commencement of the Public Service Laws Amendment Act, 1997, conclude a contract contemplated in subsection (2) with the relevant executing authority.
(4) Notwithstanding the provisions of subsection (2), a contract contemplated in that subsection may include any term and condition agreed upon between the relevant executing authority and the person concerned as to�
����������� (a) ������� any particular duties of the head of department;
����������� (b) ������� the specific performance criteria for evaluating the performance of the head of department;
����������� (c) ������� the grounds upon, and the procedures according to which, the services of the head of department may be terminated before the expiry of his or her term of office or extended term of office, as the case may be; and
����������� (d) ������� any other matter which may be prescribed.
Appointment of heads of department and career incidents
12. (1) Notwithstanding anything to the contrary contained in this Act, but subject to this section and section 32(2)(b)(i), the appointment and other career incidents of the heads of department and government agencies shall be dealt with, in the case of�
(a) a head of a national department or national government agency, by the President; and
(b) a head of the Office of a Premier, provincial department or provincial government agency, by the relevant Premier.
(2) (a) A person shall be appointed to the post of head of department in terms of section 9 for such term, not exceeding five years, as the relevant executive authority may approve.
(b) The head of department shall conclude the prescribed contract within the prescribed period.
(c) The relevant executive authority may at the expiry of the term of office of a head of department or at the expiry of an extended term of office extend the term for a period of not more than five years at a time.
(3) (a) The President may transfer the head of a national department or national government agency before or at the expiry of his or her term, or extended term, to perform functions in a similar or any other capacity in a national department or national government agency in a post of equal, higher or lower grading, or additional to the establishment, as the President considers appropriate.
(b) The Premier of a province may transfer the head of the Office of the Premier, a provincial department or a provincial government agency before or at the expiry of his or her term, or extended term, to perform functions in a similar or any other capacity in the Office of the Premier, a provincial department or a provincial government agency of the relevant province in a post of equal, higher or lower grading or additional to the establishment, as the Premier considers appropriate.
(c) The President may, in consultation with the Premier or Premiers concerned, transfer before or at the expiry of his or her term, or extended term�
(i) the head of a national department to perform functions in a similar or any other capacity in the Office of a Premier, a provincial department or a provincial government agency; or
(ii) the head of the Office of a Premier, a provincial department or a provincial government agency, to perform functions in a similar or any other capacity in the Office of a Premier, a provincial department or provincial government agency of another province or in a national department or national government agency, in a post of equal, higher or lower grading or additional to the establishment, as the President, in consultation with the Premier or Premiers, considers appropriate.
(d) A transfer in terms of this subsection may only occur if�
(i) the relevant head of department consents to the transfer; or
(ii) after due consideration of any representations by the head, the transfer is in the public interest.
(e) Any person appointed as head of department or government agency who is transferred in terms of this subsection�
(i) during his or her term of office or extended term�
(aa) shall for the unexpired portion of that term not suffer any reduction in salary and change of other conditions of service, unless he or she consents thereto; and
(bb) to a higher post shall not by reason only of that transfer be entitled to the higher salary applicable to the higher post; and
(ii) at the expiry of his or her term of office, or extended term, shall receive the salary and conditions of service attached to the capacity in which he or she is so transferred.
(4) If it is in the public interest and it is allowed by a determination made in terms of section 3(5), an executive authority may, on the conditions provided for in such determination, grant a special service benefit to head of the relevant department before or at the expiry of his or her term of office or an extended term, or at the time of retirement or discharge from the public service.
Appointment of persons on grounds of policy considerations
12A. (1) Subject to the provisions of this section, an executing authority such executive authorities as the Cabinet may determine may appoint one or more persons under a special contract, whether in a full-time or part-time capacity�
����������� (a) ������� to advise the executing authority on the exercise or performance of the executing authority�s powers and duties;
����������� (b) ������� to advise the executing authority on the development of policy that will promote the relevant department�s objectives; or
����������� (c) ������� to perform such other tasks as may be appropriate in respect of the exercise or performance of the executing authority�s powers and duties.
(2) The maximum number of persons that may be appointed by an executing authority under this section and the upper limits of the remuneration and other conditions of service of such persons shall be determined by the Cabinet in the national sphere of government.
(3) The special contract contemplated in subsection (1) shall include any term and condition agreed upon between the relevant executing authority and the person concerned, including�
����������� (a) ������� the contractual period, which period shall not exceed the term of office of the executing authority;
����������� (b) ������� the particular duties for which the person concerned is appointed; and
����������� (c) ������� the remuneration and other conditions of service of the person concerned.
13. Appointment, transfer and promotion on probation.�(1) The appointment of a person and the transfer or promotion of an officer in the A or B division shall be made on probation�
����������� (a) ������� unless, in the case of an appointment the person having the power to approve such an appointment, directs otherwise; or
����������� (b) ������� if, in the case of a promotion or a transfer the person having the power to approve such a transfer or promotion, so directs .
(2) (a) Subject to the provisions of paragraphs (b) and (c), the period of probation shall not be less than 12 calendar months.
(b) If an officer who is serving on probation is transferred or promoted to another post, a lesser period of service on probation may be directed in the new post which, together with the period of probation served in the former post, shall total at least 12 calendar months.
(c) The period of probation of an officer shall be extended by the number of days leave taken by him or her during the period of probation or any extension thereof.
(3) If the head of the office, branch, subdepartment, institution or department certifies that, during the period of probation or extended period of probation, the officer concerned has been diligent and his or her conduct has been uniformly satisfactory and that he or she is in all respects suitable for the post which he or she holds, and if the officer has complied with all the conditions to which his or her appointment, transfer or promotion was subject, the person having the power to make the appointment, transfer or promotion concerned, may confirm that appointment, transfer or promotion, but if the probationary appointment, transfer or promotion is not so confirmed the person having the power to make the appointment, transfer or promotion concerned may extend the period of probation or act in accordance with the provisions of subsection (5).
(5) Notwithstanding anything to the contrary contained in subsection (2) or in any
collective agreement contemplated in section 18 (b) of the Public Service Laws Amendment Act, 1998, but subject to the provisions of subsection (6), an officer who is serving on probation may be discharged from the public service by the person having the power of discharge, whether during or at or after the expiry of the period of probation�
����������� (a) ������� by the giving of one month�s written notice to such officer; or
����������� (b) ������� forthwith, but subject to the provisions of the Labour Relations Act, 1995 (Act No. 66 of 1995), if his or her conduct or performance is unsatisfactory.
(6) Notwithstanding anything to the contrary contained in sections 14 and 34, a person whose transfer or promotion on probation is not confirmed and who immediately prior to that transfer or promotion on probation was an officer, other than an officer on probation, shall be transferred to the post formerly held by him or her, or to a post of equivalent grading, and shall receive such salary as he or she would have received in the said former post if he or she had not been transferred or promoted on probation.
13. (1) If so required by regulation, an executive authority shall appoint or transfer an employee on probation for such period as may be prescribed for the relevant category of employees.
(2) After the completion of a probationary period contemplated in subsection (1) an executive authority shall confirm the probationary appointment or transfer if the employee concerned has�
(a) performed at least satisfactorily during the period; and
� (b) complied with all the conditions to which his or her appointment or transfer was subject.
(3) If the probationary appointment or transfer is not confirmed in terms of subsection (2), the executive authority may extend the period of probation or dismiss the employee in accordance with the Labour Relations Act.
14. Transfers within public service.�(1) Subject to the provisions of this Act, every officer or employee may, when the public interest so requires, be transferred from the post or position occupied by him or her to any other post or position in the same or any other department, irrespective of whether such a post or position is in another division, or is of a lower or higher grade, or is within or outside the Republic.
(2) (a) The transfer of an officer or employee from one post or position to another post or position may, subject to the provisions of paragraph (b), be made on the authority of the person having the power of transfer.
(b) In the case of a transfer from one department to another department the approval of the persons who in respect of each of those departments have the power to transfer, shall first be obtained.
����������� (a) ������� shall not upon transfer suffer any reduction in his or her salary or scale of salary without his or her consent, except in accordance with the provisions of section 38 and any collective agreement contemplated in section 18 (b) of the Public Service Laws Amendment Act, 1998;
����������� (c) ������� who has been transferred to or who is employed in a post which is graded higher than his or her own grade, or which is regraded or converted to a post of a higher grade than his or her own grade, shall not by reason only of that transfer or employment be entitled to the higher scale of salary applicable to the post;
����������� (e) ������� holding a post in the A or B division shall not without his or her consent be transferred to a post in any branch of the services or the Agency or the Service.
(4) A member of any of the three branches of the services shall not without his or her consent be transferred to a post in any other of those branches or to a post in the A or B division, and a member of the Agency or the Service shall not, subject to the provisions of any law regulating the service of such a member, without his or her consent be transferred to a post in such a division.
14. (1) Subject to subsections (2), (3) and (4), any employee of a department may be transferred�
(a) within the department, by its executive authority;
(b) to another department by the executive authorities of the two relevant departments.
(2) Such transfer shall be made in such manner and on such conditions as may be prescribed.
(3) An employee may be transferred under subsection (1) only if�
(a) the employee requests the transfer or consents to the transfer; or
(b) in the absence of such request or consent, after due consideration of any representations by the employee, the transfer is in the public interest.
(4) An employee who has been transferred to a post with�
(a) a lower salary than his or her salary before the transfer shall not upon such transfer suffer any reduction in salary, except if he or she requested the transfer or he or she consented to the reduction; or
(b) a higher salary than his or her salary before the transfer shall not by reason only of that transfer be entitled to the higher salary.��.
14A. An employee of a department who is appointed in terms of section 9 in another capacity in the same or another department, or transferred in terms of section 12(3) or 14, shall be deemed to continue employment in the public service without any break in service in respect of such conditions of service and to such extent as the Minister may determine in terms of section 3(5).
15. Transfer and secondment of officials.�(1) A person holding a pensionable appointment in a department under any law other than this Act or in any institution or body established by or under any law and which obtains its funds directly in whole or in part from revenue, may be transferred to, and appointed in, a post in the A or B division.
(2) A person in the service of a department under any law other than this Act, or in the service of another government, or of any council, institution or body established by or under any law, or of any other body or person, may be employed by another department or a department, as the case may be, for a particular service or for a stated period and on such terms and conditions, other than conditions laid down by or under any pensions law, as may be agreed upon by the employer of the person concerned and the relevant executing authority and approved by the Treasury.
(3) (a) An officer or employee may with his or her consent and on such conditions, in addition to those prescribed by or under any law, as may be determined by the relevant executing authority after consultation with the Treasury, be placed at the disposal of another government, or of any council, institution or body established by or under any law, or of any other body or person, for a particular service or for a stated period.
(b) Such an officer or employee remains subject to the laws applicable to officers and employees in the public service while so placed at such disposal.
(4) (a) A person (in this paragraph referred to as the official) in the service of a department under any law other than this Act, or in the service of another government, or of any council, institution or body established by or under any law, or of any other body or person, may be employed by another department or a department, as the case may be, for a stated period and on such terms and conditions, other than conditions laid down by or under any pensions law, as may be agreed upon by the employer of the official and the relevant executing authority and approved by the Treasury, and in such a case, on such conditions, in addition to those prescribed by or under any law, as may be determined by the said authority after consultation with the Treasury, an officer or employee may with his or her consent and in terms of such an agreement be placed at the disposal of the employer of the official for the same period on an exchange basis.
(b) Such an officer or employee remains subject to the laws applicable to officers and employees in the public service while so placed at such disposal.
Transfer and secondment from and to public service
15. (1) Any person who was employed by an organ of state immediately before he or she is appointed in terms of section 9 shall be deemed to be transferred to the public service in respect of such conditions of service and to such extent as the Minister may determine in terms of section 3(5).
(2) If it is in the public interest and if the prescribed conditions (if any) have been complied with, the executive authority of a department may, with the approval of the employer concerned, approve the secondment of a person in the service of an organ of state, another government or any other body to the department�
� (a) for a particular service or period not exceeding the prescribed period (if any); and
(b) on the prescribed conditions (if any) and such other conditions as agreed between the relevant functionary of the body concerned and the executive authority.
(3) (a) The executive authority of a department may second an employee of the department to another department, any other organ of state, another government or any other body�
(i) for a particular service or period not exceeding the prescribed period (if any); and
(ii) on the prescribed conditions (if any) and such other conditions as agreed upon between the executive authority and the relevant functionary of the body concerned.
(b) The secondment of an employee of a department may occur only if�
(i) the employee requests, or consents to, the secondment; or
(ii) in the absence of such request or consent, after due consideration of any representations by the employee, the secondment is in the public interest.
(c) While on secondment, an employee remains subject to this Act and any other laws applicable to employees in the public service, except to the extent otherwise agreed upon, as provided for in paragraph (a)(ii).
TERMINATION OF SERVICE
Retirement and retention of services
16.(1)(a) Subject to the provisions of this section, an officer, other than a member of the services or an educator or a member of the Agency or the Service, shall have the right to retire from the public service, and shall be so retired, on the date when he or she attains the age of 65 years: Provided that a person who is an employee on the day immediately before the commencement of the Public Service Amendment Act, 1996, has the right to retire on reaching the retirement age or prescribed retirement date provided for any other law applicable to him or her on that day.
(b) If such an officer attains the said age after the first day of a month, he or she shall be deemed to have attained it on the first day of the following month.
(2)(a) Notwithstanding the provisions of subsection (1), an officer or employee, other than a member of the services or an educator or a member of the Agency or the Service, employed with effect from a date prior to 1 October 1993 in terms of a law repealed by this Act, shall have the right to retire from the public service at or at any time after the retirement age applicable to him or her as at 1 October 1993, and that retirement age shall not be changed without his or her consent.
(b) An officer who has the right to an earlier retirement age in terms of paragraph (a), and who wishes to be so retired, shall give written notification to his or her head of department of his or her wish to be so retired, and he or she shall�
����������� (i) �������� if that notification is given at least three calendar months prior to the date on which he or she attains the retirement age applicable to him or her in terms of paragraph (a), be so retired on the date on which he or she attains that age or, if he or she attains it after the first day of a month, on the first day of the following month; or
����������� (ii) �������� if that notification is not given at least three calendar months prior to the date on which he or she attains the said age, be so retired on the first day of the fourth month after the month in which the notification is received. such month as the executive authority may approve, which day may not be before the date on which he or she attains the said age and not be later than the first day of the fourth month after the month in which the notification is received.
(c) (i) In the case of an officer who occupies the office of head of department, he or she shall give notification of his or her wish to be retired from the public service at least six calendar months prior to the date on which he or she attains the said age, and if he or she has so given notification, the provisions of paragraph (b) (i) apply mutatis mutandis.
(ii) If such an officer has not so given notification at least six calendar months prior to the date on which he or she attains the said age, he or she shall be so retired on the first day of the seventh month following the month in which that notification is received.
(2A) (a) Notwithstanding the provisions of subsections (1) and (2) (a), an officer, other than a member of the services or an educator or a member of the Agency or the Service, shall have the right to retire from the public service on the date on which he or she attains the age of 55 years, or on any date after that date.
(b) The provisions of subsection (2) (b) shall apply with the necessary changes to an officer who wishes to retire in terms of paragraph (a).
(3) (a) Subject to the provisions of this section and the terms and conditions of a contract contemplated in section 12(2), an officer who occupies the office of head of department has the right to retire from the public service and he or she shall be so retired at the expiry of the term contemplated in that section 12(1) or (2) , or of any extended term contemplated therein, as the case may be.
(b) If an officer retires or is retired in terms of paragraph (a), he or she shall be deemed to have been discharged from the public service in terms of section 17 (2) (b).
(4) An officer, other than a member of the services or an educator or a member of the Agency or the Service who has reached the age of 60 years may, subject in every case to the approval of the relevant executing authority, be retired from the public service.
[Sub-s. (4) substituted by s. 13 (c) of Act No. 47 of 1997.]
(5) (a) Subject to the terms and conditions of a contract contemplated in section 12 (2), an executing authority may, at the request of an officer occupying the office of head of department, allow him or her to retire from the public service before the expiry of the term contemplated in section 12 (1) or (2), or any extended term contemplated therein, and notwithstanding the absence of any reason for discharge in terms of section 17 (2) or the contract concluded with the officer, as the case may be, if a reason exists which the said authority deems sufficient.
(b) If an officer is allowed to retire from the public service in terms of paragraph (a), he or she shall, notwithstanding anything to the contrary contained in subsection (4), be deemed to have retired in terms of that subsection, and he or she shall be entitled to such pension as he or she would have been entitled to if he or she had retired from the public service in terms of that subsection.
(6) (a) An executing authority may, at the request of an officer, allow him or her to retire from the public service before reaching the age of 55 years, notwithstanding the absence of any reason for discharge in terms of section 17 (2), if in the opinion of such authority a sufficient reason exists therefor and the retirement will be to the advantage of the State.
(b) The provisions of subsection (5) (b) shall mutatis mutandis apply to any officer who is allowed to retire from the public service in terms of paragraph (a).
(6)(a) An executive authority may, at the request of an employee, allow him or her to retire from the public service before reaching the age of 60 years, notwithstanding the absence of any reason for discharge in terms of section 17(2), if sufficient reason exists therefor and the retirement will be to the advantage of the State.
If an employee is allowed to so retire, he or she shall, notwithstanding anything to the contrary contained in subsection (4), be deemed to have retired in terms of that subsection, and he or she shall be entitled to such pension as he or she would have been entitled to if he or she had retired from the public service in terms of that subsection.
(7) If it is in the public interest to retain an officer, other than a member of the services or an educator or a member of the Agency or the Service, in his or her post beyond the age at which he or she is required to be retired in terms of subsection (1), he or she may, with his or her consent and with the approval of the relevant executing authority, be so retained from time to time for further periods which shall not, except with the approval of Parliament granted by resolution, exceed in the aggregate two years.
Failure to comply with Act
16A. (1) An executive authority shall�
(a) immediately take appropriate disciplinary steps against a head of department who does not comply with a provision of this Act or a regulation, determination or directive made thereunder;
(b) immediately report to the Minister the particulars of such noncompliance; and
(c) as soon as possible report to the Minister the particulars of the disciplinary steps taken.
(2) A head of a department shall�
(a) immediately take appropriate disciplinary steps against an employee of the department who does not comply with a provision of this Act or a regulation, determination or directive made thereunder;
(b) immediately report to the Director-General: Public Service and Administration the particulars of such non-compliance; and
(c) as soon as possible report to that Director-General the particulars of the disciplinary steps taken.
(3) The Minister may report to the Cabinet or, through the relevant Premier, to the Executive Council of the relevant province any noncompliance by an executive authority with a provision of this Act or a regulation, determination or directive made thereunder.
(4) The Minister shall at least annually submit to the relevant committees of Parliament and, through the relevant Premier, to the relevant committees of the relevant provincial legislature, every non-compliance with a provision of this Act or a regulation, determination or directive made
(a) reported in terms of subsection (1) or (2); or
(b) confirmed in an investigation in terms of section 5(8).
Discipline
16B. (1) Subject to subsection (2), when a chairperson of a disciplinary hearing pronounces a sanction in respect of an employee found guilty of misconduct, the following persons shall give effect to the sanction:
(a) In the case of a head of department, the relevant executive authority; and
(b) in the case of any other employee, the relevant head of department.
(2) Where an employee may lodge an internal appeal provided for in a collective agreement or in a determination in terms of section 3(5), a sanction referred to in subsection (1) may only be given effect to�
(a) if an internal appeal is lodged, after the appeal authority has confirmed the sanction pronounced by the chairperson of a disciplinary hearing; or
(b) if no internal appeal is lodged, after the expiry of the period within which the appeal must have been lodged.
(3) The Minister shall by regulation make provision for�
(a) a power for chairpersons of disciplinary hearings to summon employees and other persons as witnesses, to cause an oath or affirmation to be administered to them, to examine them, and to call for the production of books, documents and other objects; and
(b) travel, subsistence and other costs and other fees for witnesses at disciplinary hearings.
(4) If an employee of a department (in this subsection referred to as �the new department�), is alleged to have committed misconduct in a department by whom he or she was employed previously (in paragraph (b)referred to as �the former department�), the head of the new department�
(a) may institute or continue disciplinary steps against that employee; and
(b) shall institute or continue such steps if so requested�
(i) by the former executive authority if the relevant employee is a head of department; or
(ii) by the head of the former department, in the case of any other employee.
(5) In order to give effect to subsection (4), the two relevant departments shall co-operate, which may include exchanging documents and furnishing such written and oral evidence as may be necessary.
17. Discharge of officers.�(1) (a) Subject to the provisions of paragraph (b), the power to discharge an officer or employee shall vest in the relevant executing authority, who may delegate that power to an officer, and the said power shall be exercised with due observance of the applicable provisions of the Labour Relations Act, 1995 (Act No. 66 of 1995).
(b) Notwithstanding paragraph (a), the power to discharge an officer, excluding a head of department, in terms of subsection (2) (e), shall be vested in the head of department.
(2) Every officer, other than a member of the services or an educator or a member of the Agency or the Service, may be discharged from the public service�
����������� (a) ������� on account of continued ill-health;
����������� (b) ������� owing to the abolition of his or her post or any reduction in or reorganisation or readjustment of departments or offices;
����������� (c) ������� if, for reasons other than his or her own unfitness or incapacity, his or her discharge will promote efficiency or economy in the department or office in which he or she is employed, or will otherwise be in the interest of the public service;
����������� (d) ������� on account of unfitness for his or her duties or incapacity to carry them out efficiently;
����������� ( f ) ������ if, in the case of an officer appointed on probation, his or her appointment is not confirmed;
����������� (g) ������� on account of misrepresentation of his or her position in relation to a condition for permanent appointment;
����������� (h) ������� if his or her continued employment constitutes a security risk for the State; and
����������� (i) �������� if the President or a Premier appoints him or her in the public interest under any law to an office to which the provisions of this Act do not apply.
(3) (a) If an officer is discharged under subsection (2) (g), he or she shall be deemed to have been discharged under subsection (2) (e).
(b) If an officer is discharged under subsection (2) (h), he or she shall be deemed to have been discharged under subsection (2) (d).
(5) (a) (i) An officer, other than a member of the services or an educator or a member of the Agency or the Service, who absents himself or herself from his or her official duties without permission of his or her head of department, office or institution for a period exceeding one calendar month, shall be deemed to have been discharged from the public service on account of misconduct with effect from the date immediately succeeding his or her last day of attendance at his or her place of duty.
(ii) If such an officer assumes other employment, he or she shall be deemed to have been discharged as aforesaid irrespective of whether the said period has expired or not.
(b) If an officer who is deemed to have been so discharged, reports for duty at any time after the expiry of the period referred to in paragraph (a), the relevant executing authority may, on good cause shown and notwithstanding anything to the contrary contained in any law, approve the reinstatement of that officer in the public service in his or her former or any other post or position, and in such a case the period of his or her absence from official duty shall be deemed to be absence on vacation leave without pay or leave on such other conditions as the said authority may determine.
Termination of employment
17. (1) (a) Subject to paragraph (b), the power to dismiss an employee shall vest in the relevant executive authority and shall be exercised in accordance with the Labour Relations Act.
(b) The power to dismiss an employee on account of misconduct in terms of subsection (2)(d) shall be exercised as provided for in section 16B(1).
(2)An employee of a department, other than a member of the services, an educator or a member of the Intelligence Services, may be dismissed on account of�
(a) incapacity due to ill health or injury;
(b) operational requirements of the department as provided for in the Labour Relations Act;
(c) incapacity due to poor work performance; or
(3) (a) An employee of a department, other than a member of the services, an educator or a member of the Intelligence Services, who absents himself or herself from his or her official duties without permission of his or her executive authority or head of department for a period exceeding 10 days shall be deemed to have resigned with effect from the date he or she has absented himself or herself.
(b) If an employee who is deemed to have so resigned reports for duty within one calendar month, or such longer period as the relevant executive authority may on good cause shown approve, after his or her last day of attendance at his or her place of duty, an enquiry shall be held into the reasons for such employee�s absence and the executive authority shall, on good cause shown, approve the reinstatement of that employee in the
department in his or her former post or any other capacity.
(c) If an employee is reinstated as contemplated in paragraph (b), the period of his or her absence from official duty shall be deemed to be absence on leave without pay.
(4) (a) A person dismissed in terms of subsection (2)(d) for misconduct, including misconduct relating to the offering or receipt of any undue gratification or the facilitation of such offering or receipt, may only be re-employed by any department after the expiration of a prescribed period.
(b) Different periods may be so prescribed for different categories of misconduct.
(c) Notwithstanding the condition contained in paragraph (a) that an employee may only be re-employed in any department after the expiration of a prescribed period, the Minister may prescribe acts of misconduct in respect of which no period need expire before a person is again employed in a department.
(d) Subject to paragraph (a), a decision whether or not to re-employ a person dismissed in terms of subsection (2)(d) shall take place with due regard to the nature of the misconduct concerned.
(5) (a) If, because of a supervening impossibility (other than incapacity referred to in subsection (2)(a) or (c)), an employee is unable to fulfil the terms of his or her contract of employment for the prescribed period, the contract shall automatically terminate and the employee shall be deemed to have resigned with effect from the last day of that period.
(b) If an employee who is deemed to have so resigned reports for duty within one calendar month after the last day contemplated in paragraph (a), or within such longer period as the relevant executive authority may on good cause shown approve, an enquiry shall be held into whether the supervening impossibility still exists and the executive authority shall on good cause shown approve the reinstatement of that employee in the
department in his or her former post or any other capacity.
(c) If an employee is reinstated in terms of paragraph (b), the period of absence from official duty shall be deemed to be absence on leave without pay.
INEFFICIENCY AND MISCONDUCT
[18 � 27 repealed, effective 1/7/1999]
OBLIGATIONS, RIGHTS AND PRIVILEGES OF OFFICERS AND EMPLOYEES
Rights and obligations
28. An officer or employee shall fulfil the obligations imposed upon him by this Act or any other law, and he or she shall have the rights and may be granted the privileges which are prescribed by or under this Act or any other law.
Saving regarding rights and obligations
29. No provision of this Act shall be construed as abrogating or derogating from any existing, accruing or contingent right, liability or obligation of any person flowing from any other law.
30. Other work by officers and employees.�Unless it is otherwise provided for in his or her conditions of employment�
����������� (a) ������� every officer and employee shall place the whole of his or her time at the disposal of the State;
����������� (b) ������� no officer or employee shall perform or engage himself or herself to perform remunerative work outside his or her employment in the public service, without permission granted by the relevant executing authority or an officer authorised by the said authority; and
����������� (c) ������� no officer or employee may claim any additional remuneration in respect of any official duty or work which he or she performs voluntarily or is required by a competent authority to perform .
30. (1) No employee shall perform or engage himself or herself to
perform remunerative work outside his or her employment in the relevant
department, except with the written permission of the executive authority
of the department.
(2) For the purposes of subsection (1) the executive authority shall at least take into account whether or not the outside work could reasonably be expected to interfere with or impede the effective or efficient performance of the employee�s functions in the department or constitute a contravention of the code of conduct contemplated in section 41(1)(b)(vi).
31. Unauthorized remuneration. �
(1) (a) (i) If any remuneration, allowance or other reward is received by an officer or employee in connection with the performance of his or her work in the public service otherwise than in accordance with the provisions of this Act or a determination of the Minister, or is received contrary to the provisions of section 30 (b), that officer or employee shall, subject to the provisions of subparagraph (iii), pay into revenue an amount equal to the amount of any such remuneration, allowance or reward or, where it does not consist of money, the value thereof as determined by the head of the department in which he or she was employed, or in which he or she is regarded to have been employed by virtue of the provisions of section 1 (3), at the time of the receipt thereof, and if he or she does not do so, it shall be recovered from him or her by the said head by way of legal proceedings or in such other manner as the Treasury may approve, and be paid into revenue.
(ii) The officer or employee concerned may appeal against the determination of the head of department to the relevant executing authority, who may make such decision as he or she may think fit.
(iii) The relevant executing authority may approve of the officer or employee concerned retaining the whole or a portion of the said remuneration, allowance or reward.
(b) If in the opinion of the head of department mentioned in paragraph (a) an officer or employee has received any remuneration, allowance or other reward contemplated in that paragraph, and it is still in his or her possession or under his or her control or in the possession or under the control of any other person on his or her behalf, or, if it is money, has been deposited in any deposit-taking financial institution in his or her name or in the name of any other person on his or her behalf, that head of department may in writing require that officer or employee or that other person or that financial institution not to dispose thereof, or, if it is money, not to dispose of a corresponding sum of money, as the case may be, pending the outcome of any legal steps for the recovery of that remuneration, allowance or reward or the value thereof.
(1)(a) (i) If any remuneration, allowance or other reward (other than remuneration contemplated in section 38(1) or (3)), is received by an employee in connection with the performance of his or her work in the public service otherwise than in accordance with this Act or a determination by or directive of the Minister, or is received contrary to section 30, that employee shall, subject to subparagraph (iii), pay into revenue�
(aa) an amount equal to the amount of any such remuneration, allowance or reward; or
(bb) if it does not consist of money, the value thereof as determined by the head of the department in which he or she was employed, at the time of the receipt thereof.
(ii) If the employee fails to so pay into revenue the amount or value, the said head of department shall recover it from him or her by way of legal proceedings and pay it into revenue.
(iii) The employee concerned may appeal against the determination of the head of department to the relevant executive authority.
(iv) The accounting officer of the relevant department may approve that the employee concerned retains the whole or a portion of the said remuneration, allowance or reward.
(i) in the opinion of the head of department mentioned in paragraph (a) an employee has received any remuneration, allowance or other reward contemplated in that paragraph; and
(ii) it is still in his or her possession or under his or her control or in the possession or under the control of any other person on his or her behalf, or, if it is money, has been deposited in any deposit-taking financial institution in his or her name or in the
name of any other person on his or her behalf, that head of department may in writing require that employee or that other person or that financial institution not to dispose thereof, or, if it is money, not to dispose of a corresponding sum of money, as the case may be, pending the outcome of any legal steps for the recovery of that remuneration, allowance or reward or the value thereof.
(c) A person or financial institution contemplated in paragraph (b) who or which fails to comply with a requirement in terms of that paragraph, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year.
(d) The provisions of this section shall also apply to an officer who is a head of department, and in such a case a reference to a head of department shall be construed as a reference to the Treasury.
(2) (a) Subject to the provisions of paragraph (b), any salary, allowance, fee, bonus or honorarium which may be payable in respect of the services of an officer or employee placed temporarily at the disposal of any other government, or of any council, institution, body or person contemplated in section 15 (3) or (4), shall be paid into revenue.
(a) Subject to the provisions of paragraph (b), any salary, allowance, fee, bonus or honorarium which may be payable in respect of the services of an officer or employee placed temporarily at the disposal of any other an organ of state, another government or of any council, institution or body or person contemplated in section 15(3) or (4) shall be paid into revenue.
(b) In circumstances regarded by the relevant executing authority as exceptional, the said authority may approve of paying out of revenue an amount equal to that salary, allowance, fee, bonus or honorarium, or a portion thereof, to the officer or employee concerned.
(3) For the purposes of subsection (1)(a)(i)�
����������� (a) ������� �this Act� includes any law repealed by this Act;
����������� (b) ������� �determination of the Minister� includes any recommendation of the Public Service Commission established by section 209 (1) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), or of any commission for administration, public service commission or other like institution established by or under, or which functioned in accordance with, any such law; and
����������� (c) ������� �section 30 (b)� includes any corresponding provision of any such law.
32. Assignment of other functions to officers and employees.�An executing authority or the head of a department, branch, office or institution may direct any officer or employee under his or her control temporarily to perform duties other than those ordinarily assigned to such an officer or employee or appropriate to the grade, designation or classification of his or her post, and he or she shall comply with such a direction.
Direction to perform other functions or to act in another post
32. (1) Subject to such conditions as may be prescribed, an executive authority or the head of a department may direct an employee under his or her control temporarily to perform any functions other than those ordinarily assigned to the employee or appropriate to his or her grade or post.
(2) (a) An employee may be directed in writing to act in a post subject to such conditions as may be prescribed.
(b) Such acting appointment shall be made�
(i) in the case of the post of head of department, by the relevant executive authority;
(ii) in the case of any other post, by the employee occupying the post, unless otherwise determined by the head of department.
(3) The performance evaluation of the relevant employee shall take place
with due regard to a direction in terms of subsection (1) or (2).��.
33. Cession of emoluments.�No officer or employee shall without written approval of the accounting officer, as defined in section 1 of the Exchequer Act, 1975 (Act No. 66 of 1975), of the department or office in which he or she is employed, cede the right to the whole or any part of any salary or allowance payable to him or her.
Cession of emoluments
33. No officer or employee shall without written approval of the accounting officer, as defined in section 1 of the Exchequer Act, 1975 (Act No. 66 of 1975) Public Finance Management Act, of the department or office in which he or she is employed, cede the right to the whole or any part of any salary or allowance payable to him or her.
34. Reduction of salaries.�The salary or scale of salary of an officer shall not be reduced without his or her consent except in terms of the provisions of section 13 (6) or 38 or of any collective agreement contemplated in section 18 (b) of the Public Service Laws Amendment Act, 1998, or of an Act of Parliament.
Reduction of salaries
34. The salary or scale of salary of an officer employee shall not be reduced without his or her consent except in terms of the provisions of section 13(6) or 38, o r of any collective agreement contemplated in section 18(b) of the Public Service Laws Amendment Act, 1998 or of an Act of Parliament or a collective agreement or determination on disciplinary procedures in terms of this Act.
35. (1) For the purposes of asserting his or her right to have his or her complaint or grievance concerning an official act or omission investigated and considered by the Commission�
(a) a head of department may lodge that grievance with the Commission under the prescribed circumstances, on the prescribed conditions and in the prescribed manner; or
(b) an officer or any other employee may lodge that complaint or grievance with the relevant executive authority under the prescribed circumstances, on the prescribed conditions and in the prescribed manner, and if that complaint or grievance is not resolved to the satisfaction of such an officer or employee, that executive authority, shall submit the complaint or grievance to the Commission in the prescribed manner and at the prescribed time or within the prescribed period.
(2) After the Commission has investigated and considered any such complaint or grievance, the Commission may recommend that the relevant executing authority acts in terms of a particular provision or particular provisions of this Act or any other law if, having regard to the circumstances of the case, the Commission considers it appropriate to make such a recommendation.
( 3) For the purposes of subsection (1), the powers conferred upon the Commission by section 11 of the Commission Act shall be deemed to include the power to make rules which are not inconsistent with the provisions of this section as to the investigation of complaints or grievances concerning official acts or omissions, and �prescribed� means prescribed by the Commission by rule under the Commission Act.
(4) Subject to subsection (1)(a), an employee may only refer a dispute to the relevant bargaining council in the public service, or institute court proceedings, in respect of a right referred to in subsection (1) if he or she has lodged a grievance in terms of that subsection and the department does not resolve the grievance to his or her satisfaction.
36. Political rights of officers and employees.�Subject to the provisions of section 20 (g), an officer or employee may�
����������� (a) ������� be a member and serve on the management of a lawful political party;
����������� (b) ������� attend a public political meeting, but may not preside or speak at such a meeting; and
����������� (c) ������� not draw up or publish any writing or deliver a public speech to promote or prejudice the interests of any political party.
Employees as candidates for, and becoming members of, legislatures
36. (1) An employee may be a candidate for election as a member of the National Assembly, a provincial legislature or a Municipal Council, subject to the code of conduct contemplated in section 41(1)(d)(ii) and any other prescribed limits and conditions.
(2) An employee elected as a member of the National Assembly or a provincial legislature or a full-time member of a Municipal Council shall be deemed to have resigned from the public service with effect from the date immediately before the date he or she assumes office as such member.
(3) An employee appointed as a permanent delegate of the National Council of Provinces shall be deemed to have resigned from the public service with effect from the date immediately before the date he or she assumes office as such delegate.
(4) An employee elected as a member of a Municipal Council�
(a) may only remain an employee in the public service if he or she serves as a part-time member of the Council; and
(b) shall comply with section 30(1).
37. Remuneration of officers and employees.�(1) Subject to the provisions of section 5, officers and employees shall be paid the salaries, wages and allowances in accordance with the scales determined by the Minister for their ranks and grades in terms of section 3 (3) (c).
(2) Subject to such conditions as may be prescribed�
����������� (a) ������� officers or employees or classes of officers or employees may on appointment, transfer or promotion be paid higher salaries or wages than the minimum amounts of the appropriate scales;
����������� (b) ������� officers or employees or classes of officers or employees may be granted special advancement in salaries within the scales applicable to them;
����������� (c) ������� the salary or wage of an officer or employee of exceptional ability or possessing special qualifications or who has rendered meritorious service, and, if it is in the interest of the public service, of any officer or employee, may be specially advanced within the scale applicable to him or her or may be paid a salary or wage in accordance with a higher scale or may be granted any other fitting reward; and
����������� (d) ������� any special service benefit may be granted to a head of department or class of heads of department before or at the expiry of a term contemplated in section 12 (1) (a) or (b), or any extended term contemplated in section 12 (1) (c), or at the time of retirement or discharge from the public service.
Remuneration of employees
37. (1) Employees shall be paid the salaries and allowances in accordance with the salary scale and salary level determined by the Minister in terms of section 3(5).
(2) An executive authority may, only if it is allowed by regulation and to the extent prescribed�
(a) grant employees or classes of employees of the relevant department on appointment or transfer salaries higher than the minimum amounts of the appropriate salary levels of the applicable salary scales;
(b) grant employees or classes of employees of the relevant department special advancement in salaries within the salary level of the salary scale applicable to them; and
(c) grant an employee of the relevant department special advancement in salary within the salary level of the salary scale applicable to him or her or grant him or her a salary in accordance with a higher salary level or any other reward, if he or she has exceptional ability, special qualifications or rendered meritorious service and it is in the public interest.
Wrongly granted remuneration
38. (1) If an incorrect salary or scale of salary on appointment, transfer or promotion, or an incorrect advancement of salary within the limits of the scale of salary applicable to his or her grading, was awarded or granted to an officer or employee, or was awarded or granted at the correct notch or scale but at a time when or in circumstances under which it should not have been awarded or granted to him or her, the head of the department in which that officer or employee is employed, shall correct his or her salary or scale of salary with effect from the date on which the incorrect salary, scale of salary or salary advancement commenced, notwithstanding the provisions of section 14 (3) (a) and notwithstanding the fact that the officer or employee concerned was unaware that an error had been made in the case where the correction amounts to a reduction of his or her scale of salary or salary.
(1)(a) If an incorrect salary, salary level, salary scale or reward is awarded to an mployee, the relevant executive authority shall correct it with effect from the date on which it commenced.
(b) Paragraph (a) shall apply notwithstanding the fact that the employee concerned was unaware that an error had been made in the case where the correction amounts to a reduction of his or her salary.
(2) If an officer or employee contemplated in subsection (1) has in respect of his or her salary, including any portion of any allowance or other remuneration or any other benefit calculated on his or her basic salary or scale of salary scale or awarded to him or her by reason of his or her basic salary�
����������� (a) ������� been underpaid, an amount equal to the amount of the underpayment shall be paid to him or her, and that other benefit which he or she did not receive, shall be awarded to him or her as from a current date; or
����������� (b) ������� been overpaid or received any such other benefit not due to him or her�
����������� ( i) an amount equal to the amount of the overpayment shall be recovered from him or her by way of the deduction from his or her salary of such instalments as the head of department, with the approval of the Treasury, relevant accounting officer may determine if he or she is in the service of the State, or, if he or she is not so in service, by way of deduction from any moneys owing to him or her by the State, or by way of legal proceedings, or partly in the former manner and partly in the latter manner;
����������� (ii) �������� that other benefit shall be discontinued or withdrawn as from a current date, but the officer or employee concerned shall have the right to be compensated by the State for any patrimonial loss which he or she has suffered or will suffer as a result of that discontinuation or withdrawal.
(3) With the approval of the Treasury The accounting officer of the relevant department may remit the amount of an overpayment to be recovered in terms of subsection (2) (b) may be remitted in whole or in part.
Limitation of liability
40. Whenever any person is conveyed in or makes use of any vehicle, aircraft or vessel which is the property of the State, the State or a person in the service of the State shall not be liable to such person or his or her spouse, parent, child or other dependant for any loss or damage resulting from any bodily injury, loss of life or loss of or damage to property caused by or arising out of or in any way connected with the conveyance in or the use of such vehicle, aircraft or vessel, unless such person is so conveyed or makes use thereof in, or in the interest of, the performance of the functions of the State: Provided that the provisions of this section shall not affect the liability of a person in the service of the State who wilfully causes the said loss or damage.
41. Regulations.�(1) The Minister may make regulations�
����������� (i) �������� the functions of departments, the transfer of functions from one department to another or from a department to any other body or from any other body to a department;
����������� (ii) �������� the establishment or abolition of subdepartments, branches, offices or institutions;
����������� (iii) ������� the control, organisation, rationalisation, restructuring or readjustment of departments, subdepartments, branches, offices or institutions;
����������� (i) �������� the creation, number, grading, regrading, designation, redesignation, conversion, deployment or abolition of posts on the fixed establishment;
����������� (ii) �������� the number of persons to be employed temporarily or under a special contract, whether in a full-time or a part-time capacity�
����������� (aa) ������ against posts on the fixed establishment which are not permanently filled;
����������� (bb) ������ additional to the fixed establishment, whether by reason of the absence of the incumbent of any post, or when it is necessary to provide staff for the performance of a class of work for which staff is not ordinarily employed on a permanent basis, or when it is necessary for any other reason to increase temporarily the staff of any department;
����������� (i) �������� the employment of persons and the transfer, promotion and continued employment of officers and employees, including the continued employment of officers in or against posts graded higher or lower than their own grade, or additional to the fixed establishment;
����������� (ii) �������� the circumstances under which medical examination shall be required for the purposes of any provision of this Act, and the form of medical reports and certificates;
����������� (iii) ������� the particular classes of officers and employees who may be required to provide security, and the amount and form thereof;
����������� (i) �������� the duties, powers, conduct, discipline, hours of attendance and leave of absence of officers and employees and their other conditions of service, including the occupation of official quarters;
����������� (ii) �������� the management of matters regarding conduct, including a code of conduct with which officers and employees shall comply: Provided that such a code shall only be approved by the Minister on the advice of the Commission;
����������� (iii) ������� the general security in departments and the security requirements with which officers and employees shall comply;
����������� (iv) ������� the conditions on which and the circumstances under which remuneration for overtime duty, and travelling, subsistence, climatic, local and other allowances shall be paid to officers and employees;
����������� (v) �������� journeys on official duty and the transport privileges of officers and employees;
����������� (vi) ������� medical aid to officers and employees;
����������� (vii) ������ the health and safety of officers and employees in the workplace;
����������� (e) ������� in order to promote efficient, economic and effective use of resources and to improve the management and functioning of departments, subdepartments, branches, offices and institutions, regarding�
����������� (i) �������� organisation, procedure and methods;
����������� (iii) ������� the simplification of work and the elimination of unnecessary work;
����������� (iv) ������� the management of information and the utilisation of information technology;
����������� (vi) ������� the limitation of the number of officers and employees of departments, subdepartments, branches, offices and institutions, and the utilisation of the services of officers and employees to the best advantage;
����������� (vii) ������ the training of officers and employees;
����������� (x) ������� any other matter which the Minister may consider essential;
����������� ( f ) ������ regarding the keeping of records of the functions and organisation of departments, of officers and employees and of post establishments;
����������� (g) ������� regarding any matter required or permitted to be prescribed by regulation under this Act;
����������� (h) ������� regarding the designation or establishment of an authority or more than one authority and the power of such an authority to authorise a departure from the provisions of a regulation in respect of an officer or employee or class of officers or employees under stated circumstances;
����������� (i) �������� in general, regarding any matter which the Minister may consider necessary or expedient to prescribe or to regulate in order to achieve the objects of this Act.
(2) Different regulations may be made in respect of the A and B divisions, or to suit the varying requirements of particular departments or branches of departments, or of particular classes of officers or employees, or of particular kinds of employment in the public service.
(3) (a) A regulation made under this Act shall be in force unless and until Parliament, by resolution, disapproves of the regulation, in which event the regulation shall lapse with effect from a date to be specified in the resolution.
(b) The lapsing of a regulation in terms of this subsection shall not affect the validity of anything done under the regulation prior to the date mentioned in the resolution.
(c) The provisions of this subsection shall not affect the power of the Minister to make a new regulation regarding the subject matter dealt with by a regulation that has lapsed in terms of paragraph (a).
Regulations
41. (1) The Minister may make regulations regarding�
(a) any matter required or permitted by this Act to be prescribed;
(b) any matter referred to in section 3(1), including, but not limited to�
(i) the allocation, transfer and abolition of functions in terms of section 3(4) and the staff performing such functions;
(ii) the restructuring or rationalisation of departments;
(iii) employment additional to the establishment;
(iv) the appointment of unpaid voluntary workers who are not employees and their functions;
(v) the co-ordination of work in a department or between two or more departments;
(vi) a code of conduct for employees;
(vii) the disclosure of financial interests by all employees or particular categories of employees and the monitoring of such interests; and
(viii) the position of employees not absorbed into a post upon its re-grading;
(c) the designation of one or more particular categories of employees to regulate one or more employment-related matters differently from other employees or categories of employees;
(d) the reporting on and assessment of compliance with the provisions of this Act and the review for appropriateness and effectiveness of any regulations, determinations and directives made under this Act;
(e) the designation or establishment of one or more authorities vested with the power to authorise a deviation from any regulation in respect of an employee or category of employees under stated circumstances, including the power to authorise such deviation with retrospective effect, but only if it is in the public interest and not to the detriment of
any employee; and
(f) any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act.
(2) Different regulations may be made to suit the varying requirements of particular departments or divisions of departments, of particular categories of employees or of particular kinds of employment in the public service.
(3) The Minister may issue directives which are not inconsistent with this Act to elucidate or supplement any regulation.
42. Public Service Staff Code.�(1) Subject to the provisions of section 5 (4)�
����������� (a) ������� any standing determination of a general nature made by the Minister; and
����������� (b) ������� any directive by the Minister to elucidate or supplement any regulation,
and which is not inconsistent with this Act may be included in a code to be called the Public Service Staff Code.
(2) The provisions of section 41 (2) shall apply mutatis mutandis in respect of the Public Service Staff Code.
(3) The provisions of the Public Service Staff Code shall be binding upon any department, officer or employee in so far as they apply to that department, officer or employee.
Public service handbooks
42. The Minister shall cause appropriate determinations and directives made or issued in terms of this Act to be included in one or more handbooks to be used by the public service.
42A. Assignment of functions by Minister.�
(1) The Minister may�
����������� (a) ������� delegate to the Director-General: Public Service and Administration or any officer or employee of the Department concerned any power conferred upon the Minister by or under this Act or any other law, excluding the power referred to in section 41 (1), on such conditions as the Minister may determine; or
����������� (b) ������� authorise the said Director-General, officer or employee to perform any duty assigned to the Minister by or under this Act or any other law.
(2) Any delegation under subsection (1) (a) shall not prevent the exercise of the relevant power by the Minister himself or herself.
42A. (1) (a) The Minister may�
(i) delegate to the Director-General: Public Service and Administration any power conferred on the Minister by this Act, except the power to make regulations; or
(ii) authorise that Director-General to perform any duty imposed on the Minister by this Act.
(b) The Director-General: Public Service and Administration may�
(i) delegate to any employee of his or her department any power delegated to him or her in terms of paragraph (a); or
(ii) authorise that employee to perform any duty he or she is authorised to perform in terms of paragraph (a).
(2) (a) Subject to subsection (3)(b), the Premier of a province may�
(i) delegate to the head of the Office of a Premier in the province any power conferred on the Premier by this Act; or
(ii) authorise that head to perform any duty imposed on the Premier by this Act.
(b) The head of the Office of a Premier may�
(i) delegate to any employee in that Office any power delegated to him or her in terms of paragraph (a); or
(ii) authorise that employee to perform any duty he or she is authorised to perform in terms of paragraph (a).
(3) The executive authority referred to in section 12(1) may, in the case
(a) the President, delegate to the Deputy President or a Minister any power conferred on the President by section 12; or
(b) the Premier of a province, authorise a Member of the relevant Executive Council to perform any duty imposed on the Premier by section 12.
(4) Subject to subsection (3), an executive authority may�
(a) delegate to the head of a department any power conferred on the executive authority by this Act; or
(b) authorise that head to perform any duty imposed on the executive authority by this Act.
(5) The head of a department or other functionary may�
(a) delegate to any employee of the department any power�
(i) conferred on that head by this Act;
(ii) delegated to that head in terms of subsection (4); or
(iii) in the case of a government agency, assigned or delegated to the head in terms of section 7A(3) or (4); or
(b) authorise that employee to perform any duty�
(i) imposed on that head by this Act;
(ii) that that head is authorised to perform in terms of subsection (4); or
(iii) in the case of a government agency, assigned or delegated to that head in terms of section 7A(3) or (4).
(6) Any person to whom a power has been delegated or who has been authorised to perform a duty under this section shall exercise that power or perform that duty subject to the conditions the person who made the delegation or granted the authorisation considers appropriate.
(7) Any delegation of a power or authorisation to perform a duty in terms
of this section�
(a) shall be in writing;
(b) does not prevent the person who made the delegation or gave the authorisation from exercising that power or performing that duty himself or herself; and
(c) may at any time be withdrawn in writing by that person.�� .
Repeal of laws and savings
43. (1) Subject to the provisions of subsection (2), the laws mentioned in Schedule 4 are hereby repealed to the extent indicated in the third column of that Schedule.
(2) Anything done under any law repealed by subsection (1) and which could be done under a provision of this Act, shall be deemed to have been done under that provision.
Short title
44. This Act shall be called the Public Service Act, 1994.
OTHER PROPOSED CHANGES:
1. �������� Term �officer� replaced with �employee� and �executing authority� with �executive authority�
2. �������� Schedules 1 to 3 replaced (pp 26-30).
3. �������� Certain other laws amended in Schedule to Amendment Bill (p 31)