Public Service Laws Amendment Act, 1997

1. Section 1 of the Public Service Act, 1994 (hereinafter referred to as the principal Act), is hereby amended— 4 No. 18366 Act No. 47, 1997 GOVERNMENT GAZETTE. 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 (a) by the deletion in subsection (1) of the definitions of “agreement” and (b) “central level”; by the substitution in the said subsection ( 1 ) for the definition of “Commis- sion” of the following definition: “(iv) ‘Commission’ means the Public Service Commission established by section [209] 196(1) of the Constitution [and, in relation to any power or function conferred upon, assigned to or imposed upon the Commission by this Act, the Commission Act or any other law, includes any member or members of the Commission or any officer or officers to whom the exercise of such power or the performance of such function has been delegated by the Commission in terms of section 210(l)(d) of the Constitution or section 5(2) of the Commission Act]; (xi)”; 5 10 (c) by the substitution in the said subsection (1) for the definition of “Commis- sion Act” of the following definition: 15 (d) “(v) ‘Commission Act’ means the Public Service Commission Act, [1984 (Act No. 65 of 1984), as adapted by Chapter 13 and section 238(3) and (6) of the Constitution] 1997; (xii)”; by the substitution in the said subsection (1) for the definition of “Constitu- tion” of the following definition: “(vi) ‘Constitution’ means the Constitution of the Republic of South Africa, [1993 (Act No. 200 of 1993)] 1996 (Act No. 108 of 1996); (vi);”; by the deletion in the said subsection (1) of the definitions of “Council” and “employer”; by the substitution in the said subsection (1) for the definition of “executing authority” of the following definition: “(xii) ‘executing authority’, in relation tc+- (a) the Office of the President, means the President acting on his or her own; (b) the Office of [any Executive] the Deputy President. means the [relevant Executive] Deputy President: (c) a department or organisational component within a Cabinet portfolio [referred to in section 88 of the Constitution], means the Minister responsible for such portfolio; (d) the Office of the Commission, means the Chai~erson of the Commission; [(d)] (e) a provincial administration or the Office of a Premier of a province. means the Premier of that province acting on his or her own; and [I(e)] ~ a provincial department or office within an Executive Council portfolio [referred to in section 149 of the Constitution], means the member of such Executive Council responsible for such portfolio; (xxviii)”; by the insertion in the said subsection ( 1 ) after the definition of ‘“information technology” of the following definition: “~ ‘Minister’ means the Minister for the Public Service and Adminis- tration: (xiiiA)”: by the deletion in the said subsection ( I ) of the definition of “provincial service commission”; by the substitution in the said subsection (1) for the definition of “revenue” of the following definition: “(xxiv) ‘revenue’ means the National Revenue Fund established by section [185(1)] 2 13(1) of the Constitution or, in relation to an officer or employee of a provincial administration. the relevant Provincial Revenue Fund [contemplated in] established by section [159(1)] 226( 1 ) of the Constitution. as the case may be; (viii)”: and by the substitution for subsection (3) of the following subsection: “(3) Where it is uncertain who the executing authority or head of department is for the purposes of [a recommendation, direction or other] ~ act under this Act in respect of an officer or employee [referred to in section 43(2)(b)], the [Commission] Minister shall (g) (h) (i) (j) lo 25 30 35 40 45 50 55 60 6 No, 18366 Act No. 47, 1997 GOVERNMENT G.AZETI%, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 indicate the authority or head to be regarded as the executing authority ~r head of department in the case concerned.”. Amendment of section 2 of Act promulgated under Proclamation 103 of 1994, as amended by section 32 of Act 38 of 1994

2. Section 2 of the principal Act is hereby amended— (a) by the deletion of subsection (4); (b) by the substitution for paragraph (b) of subsection (5) of the following paragraph: “(b) All persons who immediately before the commencement of this Act were, by virtue of a law reperded by this Act, officers or employees in an institution referred to in section 236(1) of the Interim Constitution, shall remain in employment and shall from [that] such commencement be deemed, without break in service, to be officers or employees, as the case may be, and the provisions of this Act shall apply to or in respect of those officers or employees. ”; and . . . (c) by the deletion of subsection (6). Substitution of Chapter II of Act promulgated under Proclamation 103 of 1994

3. The following Chapter is hereby substituted for Chapter 11 of the principal Act: “CHAPTER II ADMINISTRATION OF THE PUBLIC SERVICE, INCLUDING THE SOUTH AFRICAN MANAGEMENT AND DEVELOPMENT INSTITUTE AND THE TRAINING FUND Functions of Minister and executing authority 5 10 15 20 3. (1) (a,J The Minister may exercise the powers and shall perform the duties entrusted to the Minister by or under this Act or any other law. 25 (b) Where it is a requirement of this Act or of any other law that any executing authority or other person shall act in consultation with the Minister, the Minister may express his or her concurrence with the act in question or refuse to express it. (2) (a) For the purposes of this subsection, any policy may relate to any 30 of or all the following matters, namely— (iii) (i) (ii) the functions ~f, and organisational arrangements in, the public service; employment and other personnel practices, including the promotion of broad representivity as well as human resource management and training, in the public service; the salaries and other conditions of service of officers and employ- ees; Iabour relations in the public service; information management and information technology in the public service; public service transformation and reform. (b) The Minister shall accept responsibility for— (i) any policy which relates to a matter referred to in paragraph (a); and (ii) the provision of a framework of norms and standards with a view to (iv) (v) (vi) giving effect to any such policy. (3) The Minister may— (a) advise the President regarding the establishment or abolition of any department, including the designation of any department or head of department, in order to enable the President to amend Schedule 1 or 2; (b) make determinations regarding the allocation of functions to, or the abolition of the functions of, any department or the transfer of 35 40 45 50 8 No. 18366 Act No. 47, 1997 GOVERNMENT GAZETTE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 functions from one department to another or from a department to an! other body or from any other body to a department; (c) subject to the provisions of this Act, make determinations regardin~ the conditions of service of officers and employees generally including the scales of salaries, wages or allowances of all the variou: classes, ranks and grades of officers and employees as well as salaq ranges in respect of particular classes, ranks and grades of officers am employees; 5 (d) make regulations under section 41( 1); (e) issue directives which are not inconsistent with this Act to elucidate o 10 supplement any regulation. (4) (a) If so requested by the President or an executing authority, tht Minister may advise the President or the relevant executing authority or any matter relating to- (i) the public service; (ii) the employment, remuneration or other conditions of service oj persons employed in a department in terms of any law other than this Act or of functionaries employed by any board, institution or bodj established by or under any law and which obtains its funds, eithel wholly or in part, from revenue; (iii) the remuneration or other conditions of appointment of the office- bearers of any such board, institution or body; or (iv) the stafling, employment or other personnel practices of any such board, institution or body. (b) For the purposes of paragraph (a), the Minister has access to such official documents or may obtain such information from the chief executive officer of the relevant board, institution or body as may be necessary to advise the President or the relevant executing authority. (5) Subject to the provisions of this Act, an executing authority shall have those powers and duties— (u) regarding the internal organisation of the office or department concerned, including the organisational structure and the transfer of functions within that office or department; (b) regarding the post establishment of that office or department, including the creation, grading and abolition of posts and the provision for the employment of persons additional to the fixed establishment where the class of work is of a temporary nature; (c) regarding the recruitment, appointment, performance management, promotion, transfer, discharge and other career incidents of officers and employees of that office or department, including any other matter which relates to such officers and employees in their individual capacities, which are entrusted to the executing authority by or under this Act, and such powers and duties shall be exercised or performed by the executing authority in accordance with the provisions of this Act. (6) (u) The relevant executing authority may perform any act in connection with any matter which relates to or arises from the employment or the conditions of service of a former officer or employee whilst he or she was an officer or employee, provided that executing authority would at the relevant time have been competent in terms of this Act or any other law to perform any such act in respect of a serving officer or employee. 15 lo ~5 )0 }5 )0 .5 0 (b) No such act shall be to the detriment of a former officer or employee, and the relevant executing authority shall not perform any such act in respect of any former officer or employee after the expiry of a period of two years after he or she ceased to be an officer or employee. 55 South African Management and Development Institute and Training Fund 4. (1) The management and administration of the South African Management and Development Institute shall be under the control of the Minister. 60 10 No. 18366 Act No. 47, 1997 GOVERNMENT GAZETTE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 (2) The Institute— (a) shall provide such training or cause such training to be provided 01 conduct such examinations or tests or cause such examinations or tests to be conducted as the Head: South African Management and Development Institute may with the approval of the Minister decide 01 as may be prescribed as a qualification for the appointment, promotion or transfer of persons in or to the public service; (b) may issue diplomas or certificates or cause diplomas or certificates to be issued to persons who have passed such examinations. (3) Notwithstanding the substitution of section 3(5)(a) (iii) by the Public Service Laws Amendment Act, 1997, the Training Fund established undel the said section shall continue to exist, and the Fund shall consist of— (a) all moneys which immediately prior to the commencement of the said 5 10 Act were moneys of the Fund; (b) such moneys as may from time to time be appropriated by Parliament 15 with a view to promoting training under this Act; (c) any other moneys accruing to the Fund in terms of this Actor from any other source. (4) (a) The Fund shall be administered by the Head, who shall be the accounting officer charged with the responsibility of accounting for moneys received by, and disbursements made from, the Fund. (b) Moneys in the Fund shall be utilised to promote training under this Act, but moneys or other property donated or bequeathed to the Fund shall be utilised in accordance with the conditions of the donation or bequest concerned. (c) Moneys in the Fund not required for immediate use maybe invested with the Public Investment Commissioners or in such other manner as the Minister may with the concurrence of the Minister of Fhxmce approve. (5) (a) The financial year of the Fund shall terminate on the last day in March in each year. (b) The Head shall— (i) cause records to be kept of moneys received by, and disbursements made from, the Fund and of its assets, liabilities and financial transactions; (ii) as soon as may be practicable after the end of each financial year, cause annual financial statements to be prepared reflecting, with appropriate details, moneys received by, and disbursements made from, the Fund during, and its assets and liabilities at the end of, that financial year. 20 25 30 35 (c) The records and annual financial statements shall be audited annually 40 by the Auditor-General. Implementation or limitation of actions affecting public service or its members 5. (1) For the purposes of this Act or any other law— (a) a concurrence or determination of the Minister shall be deemed to 45 have been expressed or made on the date of the communication in writing conveying such concurrence or determination; (b) where any executing authority or other person is required to act in consultation with the Minister, such act shall be deemed to be implemented by the relevant executing authority or person on the date 50 of the communication in writing conveying to the affected person or body that the executing authority or person is acting in consultation with the Minister; (c) where the Minister is competent to make a determination, such determination shall be deemed to be implemented on the date on 55 which such determination is made, unless expressly stated otherwise in the communication in writing conveying such determination. (2) Subject to the provisions of subsection (3), any determination of the Minister may be withdrawn or varied or further varied by the Minister at any time within a period of six calendar months from the date upon which 60 it was made by the Minister or varied the previous time. 12 No. 1 8 3 66 Act No. 47, 1997 GOVERNMENT GAZETTE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 (3) A determination by the Minister involving expenditure from revenue shall not be implemented unless the Treasury approves the expenditure. (4) Every act of the Minister, any executing authority or any other person, irrespective of whether such act consists of the making of any regulation or other enactment, the making of any determination or the taking of any decision, which relates to any matter which constitutes the subject matter of any collective agreement contemplated in item 15(i) of Schedule 7 to the Labour Relations Act, 1995 (Act No. 66 of 1995), or of any collective agreement concluded by a bargaining council established in terms of the said Act for the public service as a whole or for a particular sector in the public service, shall be performed only in accordance with any such collective agreement. (5) Notwithstanding the provisions of subsection (4)- (a) (b) any executing authority or other person may act in respect of a particular officer or employee in accordance with the provisions of this Act or any other law: Provided that where any such act constitutes any deviation from a collective agreement referred to in the said subsection (4), it shall not derogate from or annul such a collective agreement or the collective bargaining relationship, or reduce the remuneration or other service benefits of the particular officer or employee, or deprive that officer or employee of his or her remuneration or other service benefits, except in accordance with section 34; or the last offer made by the State as employer in a bargaining council referred to in the said subsection (4) on a specific matter may, if a deadlock in negotiations is reached, be implemented by acting in terms of the provisions of this Actor any other law, provided any such act does not have the effect of reducing existing remuneration or other service benefits, except in accordance-with se~tion 34. Access to documents and information by Minister

6. The Minister has access to such official documents or may obtain such information from heads of departments or from officers or employees in the service of those departments as may be necessary for the performance of his or her functions under this Act or any other law.”. 5 10 [5 !0 25 30 Amendment of section 7 of Act promulgated under Proclamation 103 of 1994 35

4. Section 7 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: “(l) The public service established by section [212 (l)] 197(1) of the Constitution shall be structured and organised as provided for in this Act.” ; and (b) by the substitution for subsection (5) of the following subsection: “(5) The President may [after the Con&ission has made a recommendation] on the advice of the Minister on the establishment or abolition of any department, including the designation of any department or head of department, amend Schedule 1 or 2 by proclamation in the Gazette, [and] which amendment, if [he or she] the President deems it necessary, may be effected retrospectively to the date of the [recommen- dation of the Commiss”Ion] advice of the Minister.”. Amendment amended by section 32 of Act 38 of 1994 of section 8 of Act promulgated under Proclamation 103 of 1994, as

5. Section 8 of the principal Act is hereby amended— (a) by the substitution for subsection (2) of the following subsection: “(2) The [A and B divisions shall consist of such posts as the Commission may direct to be included therein] Minister may make 40 45 50 14 No. 1 8 3 66 Act No. 47,1997 GOVERNMENT GAZE’ITE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 determinations regarding the posts to be included in the A and the B division, respectively.”; and (b) by the substitution for subsection (3) of the following subsection: “(3) (a) The [Commission may direct] Minister may make a determination that any post included in one division shall be removed from that division and be included in the other division, or that any post included in the A or B division shall be excluded from both those divisions. (b) A [direction] determination under this subsection shall not deprive any officer of any leave or other prescribed privilege or right which arose from the occupancy by him or her of a post in one of the said divisions. (c) Any officer whose post has been excluded from both the divisions aforementioned shall, for the purposes of this Act and the [Government Service Pensions Act, 1973 (Act No. 57 of 1973)] applicable pension &, be deemed to continue to hold a post in the division in which his or her post was included immediately before the [direction] determination whereby such exclusion was effected came into force.”. Substitution of section 9 of Act promulgated under Proclamation 103 of 1994

6. The following section is hereby substituted for section 9 of the principal Act: “Powers of executing authority 9. (1) [Without derogating from the functions of the Commission in terms of this Act, the] The appointment of any person or the promotion or transfer of any officer or employee in the employ of a [national] department [or provincial administration] shall be made by the relevant executing authority or by an officer or officers to whom [such] 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 [including conditions regarding the knowledge of official and other languages] as may be prescribed [or, in so far as they are not prescribed, as may be directed by the Commis- sion].”. 5 10 15 20 25 30 Amendment of section 10 of Act promulgated under Proclamation 103 of 1994

7. Section 10 of the principal Act is hereby amended by the substitution for paragraph 35 (c) of subsection (1) of the following paragraph: “(c) in so far as his or her condition of health is concerned, complies with such requirements as maybe [directed by the Commission under section 3(4)(b)l prescribed.”. Substitution of section 11 of Act promulgated under Proclamation 103 of 1994 40

8. The following section is hereby substituted for section 11 of the principal Act: “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 the public service— (a) all persons who qualify for the appointment, transfer or promotion 45 concerned shall be considered; and (b) the evaluation of persons shall be based on training, skills, compe- tence, knowledge and the need to redress the imbalances of the past to 50 16 No. 1 8 3 66 Act No. 47, 1997 GOVERNMENT GAZETTE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 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.”. 5 Substitution of section 12 of Act twomuk!ated under Proclamation 103 of 1994. as amended by section 32 of Act 38”of 1994-and section 2 of Act 13 of 1996 ‘

9. The following section is hereby substituted for section 12 of the principal Act: 10 “Appointment of heads of department 12. (1) Any p erson 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 was promoted o] transfen-ed to that office; 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 Chapters V and VI— (i) in the case of a person referred to in paragraph (a), that office for a period of five years 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; (ii) in the case of a person referred to in paragraph (b), the latter office fol 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 contractor a further contract, as the case may be. 15 20 25 30 35 40 45 50 18 No. 18366 GOVERNMENT GAZETTE, 13 OCTOBER 1997 Act No. 47, 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 (3) 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 t@ (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.”. 5 10 Substitution of section 13 of Act promulgated under Proclamation 103 of 1994

10. The following section is hereby substituted for section 13 of the principal Act: “Appointment, transfer and promotion on probation 13. (1) The appointment of a person and the transfer [and] q promotion 15 of an officer in the A or B division shall be made on probation— (a) unless, in the case of an appointment [in— (i) the A division, the Commission recommends otherwise; or (ii) the B division], the person having the power to approve such an appointment, directs otherwise; or (b) if, in the case of a promotion or g transfer [in— (i) the A division, the Commission so recommends; or (ii) the B division], 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) [of this subsection and the provisions of subsection (4)], the period of probation [so recommended or directed] 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 [recom- mended or] 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 [is] 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 appoint- ment, transfer or promotion, but if the probationary appointment, transfer or promotion is not so confirmed[— (a) the head of department shall, in the case of an officer serving in the A division, report the reasons for the non-confirmation to the Commission, which shall, subject to the provisions of subsection (6), make such recommendation regarding the matter as it may deem fit; (b)] , the person having the power to make the appointment, transfer or promotion concerned may [in the case of an officer serving in the B division] extend the period of probation or act in accordance with the provisions of subsection (5). [(4) If the appointment or promotion of an officer is made on probation and the only condition of such an appointment or promotion is that the officer shall comply with the training requirements directed by the Commission, such appointment shall, notwithstanding the 20 25 30 35 40 45 50 55 20 No. 18366 Act No. 47, 1997 GOVERNMENT GAZETTE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 provisions of subsection (2), or such promotion shall, notwithstanding provisions to the contrary in this Ac~ be deemed to have been confirmed with effect from the day immediately succeeding the date upon which that officer complied with those requirements.] (5) [(a)] Notwithstanding anything to the contrary contained in subsection (2) or in Chapter VI, but subject to the provisions of [paragraph (b) and] subsection (6), an officer who is serving on probation may be discharged from the public service by the person having the power of discharge, [either] whether during orator after the expiry of the period of probation— [(i)] (uJ by the giving of one month’s written notice to such officer; or [(ii)] (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. 5 10 [(h) Before an officer serving in the A division is so discharged, the 15 Commission shall first make a recommendation.] (6) [(a)] Notwithstanding anything to the contrary contained in sections 14 and 34, [but subject to the provisions of paragraph (b)] a person whose transfer or promotion on probation is not confirmed and who immediately prior to that transferor promotion on probation was an officer, other than an officer on probation, shall be transfemed 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. 20 [(b) In the case of the transfer of an officer serving in the A division, 25 the Commission shall first make a recommendation.]”. Amendment of section 14 of Act promulgated under Proclamation 103 of 1994, as amended by section 32 of Act 38 of 1994

11. Section 14 of the principal Act is hereby amended— (a) by the substitution for paragraph (a) of subsection (2) of the following 30 paragraph: “(a) The transfer of an officer or employee from one post or position to another post or position may, subject to [paragraphs (b), (c) and (d) of this subsection and subsection (3)(d)] the provisions of paragraph (Q, be made on the authority of the person having the power [to] Q transfer.”; 35 (b) by the deletion of paragraphs (c) and (d) of the said subsection (2); and (c) by the deletion of paragraphs (b) and (d) of subsection (3). Substitution of section 15 of Act promulgated under Proclamation 103 of 1994

12. The following section is hereby substituted for section 15 of the principal Act: 40 “Transfer and secondment of officials 15. (1) A person holding a pensionable appointment in a department under any law other than this Act or [an] in any institution or body established by [an Act of Parliament] or under any law and which obtains its funds directly in whole or in part from [the National Revenue Fund] revenue, may [on the recommendation of the Commission] be trans- ferred 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 [a] ~ council, institution or body established by or under any law, or of any other body or person, may [on the recommendation of the Commission] 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 [recommended by the Commission after consultation with] agreed upon 45 50 55 22 No. 18366 Act No. 47, 1997 GOVERNMENT GAZE’HE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 & 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 the recommendation of the Commission] and on such conditions, in addition to those prescribed by or under any law, as may be [recommended] determined by the [Commission] relevant executing authority after consultation with the Treasury, be placed at the disposal of another government, or of [a] g 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 [a] w council, institution or body established by or under any law, or of any other body or person, may [on the recommendation of the Commission] be employed by another depart- ment 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 [recommended by the Commission after consultation with] agreed upon by the employer of the official and the relevant executing authority and approved by the Treasury, and in such a case, [on the recommendation of the Commission and] on such conditions, in addition to those [laid down] prescribed by or under any law, as maybe [recommended] determined by the [Commission] said authority after consultation with the Treasury, an officer or employee may with his or her consent and in terms of such an agreement [between the department in which he or she is employed and the employer of the official] 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.”. Amendment of section 16 of Act promulgated under Proclamation 103 of 1994, as amended by section 32 of Act 38 of 1994, section 3 of Act 13 of 1996 and section 1 of Act 67 of 1996

13. Section 16 of the principal Act is hereby amended— (a) by the substitution for paragraph (a) of subsection (2) of the following paragraph: “(a) Notwithstanding the provisions of subsection (l), an officer or employee, other than a member of the services or an educator or a member of the Agency or the Service, [who is in employment] employed with effect from a date prior to 1 October 1993 in terms of a law repealed by this Act, shall [in accordance with section 212(7)(b) of the Constitution] 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.”; 5 10 15 20 25 30 35 40 45 (b) by the substitution for paragraph (a) of subsection (3) of the following 50 paragraph: “(a) Subject to the provisions of this section and section 12(2)(u) [and section 14], an officer who occupies the office ofiead of department has the right to retire from the publi~ service and he or she shall-be so retired at the expiry of the term contemplated in section 12( 1 )(u) or (b), or of any extended term contemplated in section 12(1)(c), as the case may be.”; (c) by the substitution for subsection (4) of the following subsection: “(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 recommendation of the Commission and] the approval of the relevant executing authority, be retired from the public service.”; 55 60 24 No, 18366 Act No. 47, 1997 GOVERNMENT GAZETTE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 (d) by the substitution for paragraph (a) of subsection (5) of the following paragraph: “(a) An executing authority may, at the request of an officer occupying the office of head of department [and, if the officer is not a member of the services or an educator or a member of the Agency or the Service, subject to a recommendation of the Commission], allow him or her to retire from the public service before the expiry of the term contemplated in section 12(1)(a) or (b), or any extended term contemplated in section 12( 1)(c), and notwithstanding the absence of any reason for discharge in terms of section 17(2), if a reason exists which such authority deems sufficient.”; (e) by the substitution for paragraph (a) of subsection (6) of the following paragraph: “(a) An executing authority may, at the request of an officer, [and subject to a recommendation of the Commission] 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), [allow him or her to retire from the public service before reaching the age of 55 years] if in the opinion of such authority a sufficient reason exists therefor and the retirement will be to the advantage of the State.”; and ~) by the substitution for subsection (7) of the following 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 retire or] to be retired in terms of subsection (l), he or she may, with his or her consent [be so retained from time to time, on the recommen- dation of the Commission] 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 [by resolution] of Parliament granted by resolution, exceed in the aggregate two years.”. 5 10 15 Z() 25 30 Amendment of section 17 of Act promulgated under Proclamation 103 of 1994, as amended by section 32 of Act 38 of 1994

14. Section 17 of the principal Act is hereby amended— (a) ,by the substitution for paragraph (a) of subsection (1) of the following 35 paragraph: “(a) Subject to [paragraphs (b) and (c) of this subsection, subsection (6) of this section and section 19(11) of the Public Service Labour Relations Act, 1993 (Act No. 102 of 1993)] 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 offi- cer, and the said power shall be exercised with due observance of the applic- able provisions of the Labour Relations Act, 1995 (Act No. 66 of 1995).”; 40 (b) by the deletion of paragraph (c) of the said subsection (1); (c) by the substitution for paragraph (i) of subsection (2) of the following 45 paragraph: “(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 [or the Commission Act] do not apply.”; (d) by the deletion of paragraph (c)of subsection (3); (e) by the deletion of subsection (4); ~ by the substitution for paragraph (b) of subsection (5) of the following paragraph: “(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 [Commission] relevant executing authority may, on good cause shown and notwithstanding anything to the contrary contained in any law, [recommend that, subject to the approval of the relevant executing authority, he or she be reinstated] approve the reinstatement of that officer in the public service in his or her former or any other post or position [on such conditions as the Commission may recommend], 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 50 55 60 26 No. 18366 Act No. 47, 1997 GOVERNMENT GAZETTE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 other conditions as the [Commission may recommend] said authority may determine.”; and (g) by the deletion of subsection (6). Substitution of section 18 of Act Promuhzated under Proclamation 103 of 1994, as amended by section 32 of Act 38-of 1994- 5

15. The following section is hereby substituted for section 18 of the principal Act: “Inefficient officers 18. (1) If a head of department reports to an executing authority that ar officer, other than a member of the services or an educator or a member oi the Agency or the Service, in the department concerned is, in the opinion oj the head of department, unfit for his or her duties or incapable of carrying them out efficiently, the said authority may appoint an officer to inquire intc the relevant allegations. (2) The officer who is to conduct the inquiry shall, in consultation with the head of department, determine the time and place of the inquiry, and the head of department shall give the officer concerned reasonable notice in writing of the said time and place and furnish him or her with a statement in writing setting out the grounds on which he or she is alleged to be until for his or her duties or incapable of carrying them out efficiently. (3) The head of the department may authorise any person— (a) to attend the inquiry; (b) to adduce evidence and arguments in support of the allegations contemplated in subsection (2); and (c) to cross-examine any person who has given evidence in rebuttal of the said allegations. (4) The provisions of section 23(1), (2)(b,J and (3) shall apply mutatis mutandis to the inquiry, and for that purpose a reference in section 23(1) and (3) to the presiding officer shall be construed as a reference also to an officer appointed under subsection (1) and a reference in section 23(1) and (2)(b) to the investigating officer shall be construed as a reference also to a person authorised under subsection (3). (5) At the inquiry the officer concerned shall have the right to be present, to be assisted or represented by another person, to give evidence and, either personally or through a representative— (a) to be heard; (b) to call witnesses; (c) to cross-examine any person called as a witness in support of the allegations contemplated in subsection (2); and (d) to have access to documents produced in evidence. 10 15 20 25 30 35 (6) The officer conducting the inquiry shall keep a record of the $0 proceedings at the inquiry and of all evidence given thereat. (7) At the conclusion of the inquiry the officer conducting the inquiry shall— (a) find whether or not the officer concerned is unfit for his or her duties or incapable of carrying them out efficiently; (b) inform that officer of his or her finding; and (c) report to the head of department on the result of the inquiry. (8) (a) If the officer conducting the inquixy has found that the officer concerned is unfit for his or her duties or incapable of carrying them out efficiently, the latter officer may, within 14 days after the day on which he or she was informed of that finding, submit to the head of department representations in writing regarding the steps which may be taken under paragraph (b). (b) After having considered the documents relating to the inquiry and any 15 50 representations submitted to him or her, the head of department may— 55 (i) take no further steps in the matter; 28 No. I S366 Act No. 47, 1997 GOVERNMENT GAZETTE. 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 (ii) (iii) (iv) (v) transfer the officer concerned to another post for which he or she i: suitable or direct that he or she be employed additional to the fixec establishment; reduce his or her salary or grade or both his or her salary and his o her grade to such extent as the head of department may determine; take the steps contemplated in subparagraph (ii) as well as the step! contemplated in subparagraph (iii); or discharge him or her from the public service with effect from suck date as the head of department ‘may determine. (c) The head of department shall as soon as possible inform the office] concerned in writing of the decision taken by the head of department undel paragraph (6) and of that officer’s right of appeal in terms of subsection (9). (9) (a) The otlicer concerned shall have the right to appeal to the relevanl executing authority against the finding that he or she is unfit for his or he] duties or incapable of c’arrying them out efficiently or against the decisior of the head of department. or against that finding as well as that decision within 21 days after the day on which he or she was informed of thal decision. (b) If the officer concerned notes an appeal in terms of paragraph (a). the decision of the head of department shall not be implemented before the disposal of the appeal. ( 10) After having considered the documents relating to the appeal. the executing authority may— (a J in the case of m appeal against the finding that the officer concerned is unfit for his or her duties or incapable of carrying them out efficiently— (i) dismiss the appeal and confirm that finding; or (ii’) uphold the appeal wholly or in part and set aside or vary that finding: (b) in the case of an appeal against the decision of the head of department— (i) dismiss the appeal and confirm that decision; or (ii) uphold the appeal wholly or in pm and set aside or vary that decision, or substitute for that decision such other decision as the head of department, in the opinion of the executing authority, ought to have taken. (11 ) The executing authority shall cause the officer who noted an appeal and the head of department to be informed in writing of its decision on the appeal. ( 12) The procedure at any inquiry. the documents to be submitted to the head of department or the executing authority, the manner in which and the time within which such documents-shall be submitted and the mocedure at any appeal shall be as prescribed.”. , Substitution of section 19 of Act promulgated under Proclamation 103 of 1994 45

16. The following section is hereby substituted for section 19 of the principal Act: “Inefficient heads of department 19. (1) If [in the opinion ofl an executing authority [there are reasonable grounds for believing] has reason to believe that a head of department is unfit for his or her duties or incapable of carrying them out efficiently, [such authority shall report to the President or, in the case of a provincial administration, the Premier of the province, accordingly, and the President or Premier] the said authority may appoint a person or persons to inquire into the relevant allegations. (2) The provisions of section 18(2) to [(6)] (12J shall apply mutatis mutrmdis to an inquiry [in terms ofl referred to in subsection (1) [of this section], and for that purpose— (a) a reference in section 18[(5) and (6) to the relevant executing — authority shall be construed as a reference to the President or the 50 55 30 No. 18366 Act No. 47, 1997 GOVERNMENT GAZETTE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT. 1997 relevant Premier, as the case may be] [2), (3) and (7) to (12) to the head of department shall be construed as a reference to the relevant executing authority; a reference in section 18(9)(u) and (10) to (12) to the executing authority shall be construed as a reference to the President or, in the case of a provincial administration, the relevant Premier; and a reference in section 18(2), (4), (6), (7) and (8)(a) to the officer conducting the inquiry shall be construed as a reference also to a I person or persons appointed under the said subsection (1).”. 5 (b) (c) Amendment of section 20 of Act promulgated under Proclamation 103 of 1994, as amended by section 32 of Act 38 of 1994 10

17. Section 20 of the principal Act is hereby amended— (a) by the substitution for paragraph (e) of the following paragraph: “(e) undertakes, without permission of a relevant executing authority [(granted on the recommendation of the Commission in the case of an officer in the A dhision)], any private agency or private work in any matter connected with the performance of his or her official functions or the carrying out of his or her official duties;”; (b) by the substitution for paragraph (n) of the following paragraph: “(n) [accepts] without permission of a relevant executing authority [(granted on the recommendation of the Commission in the case of an officer in the A division)], accepts or demands in respect of the carrying out of or the failure to carry out his or her duties any commission, fee or pecuniary or other reward (not being the emoluments payable to him or her in respect of his or her duties), or fails to report to his or her head of department or, if he or she is a head of department, to such authority, the offer of such a commission, fee or reward;”; and 15 20 25 (c) by the deletion of paragraph (s). Substitution of section 21 of Act promulgated under Proclamation 103 of 1994, as amended by section 32 of Act 38 of 1994 30

18. The following section is hereby substituted for section 21 of the principal Act: “Investigation of charge of misconduct 21. (1) When— (a) an officer, other than a head of department or a member of the services or an educator or a member of the Agency or the Service, is accused of misconduct, the head of department concerned or an officer in the department concerned authorised by the head of department may; or (b) the Public Protector [or a provincial public protector contemplated in sections 110 and 114] referred to in section 181(l)(a) of the Constitution [respectively] has reasonable grounds to suspect that an officer contemplated in paragraph (a) is guilty of misconduct and he or she has referred the matter to the head of department concerned, [the] that head of department or such an authorised officer shall, appo~[an officer] a person (hereinafter referred to as an investigating officer) within 21 days after receipt of such accusation or referral to investigate the matter and obtain evidence in order to determine whether there ~-e grounds for a chwge of misconduct against the officer concerned. (2) [After the conclusion of the investigation the] The investigating officer shall inform the head of department within 30 days after his or her appointment, or within such further period as the head of department may on good cause shown allow, whether in his or her opinion the officer 35 40 45 50 32 No. 18366 Act No. 47, 1997 GOVERNMENT GAZE’tTE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 concerned should be charged or not, and if so, what in his or her opinion the contents of the charge in question should be. (3) The provisions of subsections (1) and (2) shall not apply to a case contemplated in section [19(11)] 68J5J of the [Public Service] Labour Relations Act, [1993 (Act No. 102 of 1993)] 1995 (Act No. 66 of 1995).”. Substitution of section 22 of Act promulgated under Proclamation 103 of 1994

19. The following section is hereby substituted for section 22 of the principal Act: “Steps after investigation by investigating officer 22. (1) [A] The head of department may in writing under his or her hand charge an officer referred to in section 21 with misconduct, if he or she is of the opinion that sufficient grounds for a charge of misconduct against him or her have been found during the investigation: Provided that the head of department shall exercise the power to charge the officer with misconduct within 21 days after receipt of the information contemplated in section 21J2J. (2) If the head of department is of the opinion that an investigation [in terms ofl contemplated in paragraph (a) of section 21(J is not necessary, he or she may in writing under his or her hand charge the officer concerned with misconduct and appoint [an officer] a person to exercise the powers of an investigating officer in terms of section 23: Provided that the head of department shall exercise the power to charge that officer with misconduct within 21 days after receipt of the accusation contemplated in paragraph (a) of the said section 21(1). (3) Ahead of department may delegate the powers conferred upon him or her by subsections (1) and (2) to an officer in his or her department [in so far as they pertain to an officer in the B division]. (4) A charge contemplated in subsection (1) or (2) shall contain or shall be accompanied by a direction calling upon the officer charged to send or deliver [within a reasonable period specified in the direction to a person likewise specified] a written admission or denial of the charge and— ~ if he or she so desires, [a written] u explanation in writing regarding the misconduct with which he or she is charged; (b) if he or she admits the charge and so desires, representations in writing regarding the steps which may be taken under section 24(2), to the person specified in the direction within a reasonable period likewise Y2@@ (5) If the officer charged admits [that he or she is guilty ofl the charge, he or she shall be deemed to [have been found]& guilty of the misconduct [as charged] with which he or she has been charged. (6) If the officer charged in terms of subsection (1) or (2)— (a) denies the charge; or (b) fails to comply with the direction contemplated in subsection (4), the head of department or the officer to whom the head of department has delegated this power shall appoint a person (in this section and sections 23, 24 and 26 refereed to as the presiding officer) to [hear the charge] preside at the hearing, which hearing shall commence within 30 days after the appointment of the presiding officer or within such further period as the presidinp officer may, on good cause shown, allow. (7) [An] Subject to such conditions as may be prescribed, an officer may at any time before or after he or she has been charged under this section be suspended from duty [on such conditions as may be prescribed]. 5 10 15 20 25 30 35 40 45 50 34 No. 18366 Act No. 47, 1997 GOVERNMENT GAZETTE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 (8) The manner in which an officer is to be charged with misconduct, the qualifications to be possessed by a presiding officer and the circumstances under which, the conditions on which, the manner in which, and the time when, an officer may be suspended from duty shall be as prescribed.”. Amendment of section 23 of Act promulgated under Proclamation 103 of 1994 5

20. Section 23 of the pnncipai Act is hereby amended— (a) by the substitution for paragraph (b) of subsection (4) of the following paragraph: “(b) notwithstanding a denial or failure by him or her referred to in section 22(6), to admit [at any time that he or she is guilty ofl the charge at any time, whereupon he or she shall be deemed to be guilty of the misconduct [as charged] with which he or she has been char~d;”; 10 (b) by the substitution for subsection (5) of the following subsection: “(5) [After] & the conclusion of the hearing the presiding officer 15 shall— @ [make a finding on the charge, mentioning] find whether the officer charged is guihy or not guilty of the misconduct with which he or she has been charged; and &) [in the case of a finding of guilty] if the officer charged admits the charge in terms of subsection (4)(b) or the presiding officer finds that he or she is guilty of the misconduct with which he or she has been charged— (i) afford that officer, either personally or through his or her representative, the opportunity to address him or her on any aggravating or mitigating circumstances and any steps which may be taken under section 24(2); 20 25 @U@ any aggravating [andl Q mitigating circumstances he or she may find and make a recommendation regarding [action in terms of section 24(2)] any such steps.”; and 30 (c) by the addition of the following subsection: “(6) The proceedings at any hearing shall be as prescribed.”. Substitution of section 24 of Act promulgated under Proclamation 103 of 1994

21. The following section is hereby substituted for section 24 of the principal Act: “Steps after hearing 24. (1) [At] After the conclusion of the hearing the presiding officer shall [notify] as soon as possible report to the head of department concerned [of his or her finding and recommendation contemplated in section 23(5)] on the result of the hearing. (2) (a) If the presiding officer has found that the officer charged is [found] guilty of the misconduct [as charged by the presiding officer] with which he or she has been charged, or if [he or she] the officer charged admits [that he or she is guilty ofl the charge, the head of department [shall, with due observance of the finding and recommendation of the presiding officer in terms of section 23(5)] may, after having considered, in the case of a hearing, the documents relating to the hearing or, in any other case, any explanation or representations submitted to him or her— (i) (ii) (iii) (iv) caution or reprimand the officer charged; impose upon him or her a fine not exceeding R6 000; transfer him or her to another post for which he or she is suitable or direct that he or she be employed additional to the fixed establish- ment; reduce his or her salary or grade or both his or her salary and his or her grade to [the] such extent [recommended] as the head of =partment may determine; 35 40 45 50 55 36 No. 18366 Act No. 47, 1997 GOVERNMENT GAZETTE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 (v) discharge him or her, or direct him or her to resign, from the public service with effect from [a] such date [to be determined by] ~ the head of department may determine; or (vi) postpone [his or her decision] the taking of any steps under subparagraphs (i) to (v) for a period not exceeding 12 calendar 5 months. (b) Except where a head of department [acts under] takes the steps contemplated in paragraph (a)(v) or (vi), he or she may take [decisions] - under more than one of the subparagraphs of paragraph (a). (3) A head of department shall [notify the officer charged] as soon as 10 possible inform the officer charged in writing of the [finding of the presiding officer under section 23(5) and of his or her] decision taken by the head of department under subsection (2) and of [the] that officer’s right of appeal in terms of section 26. (4) The documents to be submitted to a head of department and the 15 manner in which and the time within which such documents shall be submitted shall be as prescribed.”. Amendment of section 25 of Act promulgated under Proclamation 103 of 1994

22. Section 25 of the principal Act is hereby amended by the substitution in subsection (4) for the words following upon paragraph (b) of the following words: 20 “before the proceedings or steps with regard to the charge of misconduct have been finalised in accordance with section 24 or, in the case of an appeal, in accordance with section 26, he or she shall be deemed to [have been] be discharged on account of misconduct.”. — Substitution of section 26 of Act promulgated under Proclamation 103 of 1994 25

23. The following section is hereby substituted for section 26 of the principal Act: “Appeal against finding of presiding officer and decision of head of department 26. (1) An officer charged with misconduct shall have the right to appeal to the relevant executing authority against the finding of the presiding officer that he or she is guilty of the misconduct with which he or she has been charged or against the decision of the head of department under section 24(2), or against that finding as well as that decision, within 21 days after the day on which he or she was informed of that decision in accordance with section 24(3). (2) If the officer charged notes an appeal in terms of subsection (l), the decision of the head of department shall not be implemented before the disposal of the appeal. (3) After having considered the documents relating to the appeal, the 30 35 executing authority may— (a) in the case of an appeal against the finding that the officer charged is 40 guilty of the misconduct with which he or she has been charged— (i) dismiss the appeal and confirm that finding; or (ii) uphold the appeal wholly or in part and set aside or vary that finding; (b) in the case of an appeal against the decision of the head of department— (i) dismiss the appeal and confirm that decision; or (ii) uphold the appeal wholly or in part and set aside or vary that decision, or substitute for that decision such other decision as the head of department, in the opinion of the executing authority, ought to have taken. (4) The executing authority shall cause the officer who noted an appeal and the head of department to be informed in writing of its decision on the appeal. (5) The documents to be submitted to the executing authority, the manner in which and the time within which such documents shall be submitted and the procedure at any appeal shall be as prescribed.”. 45 50 55 38 No. 18366 Act No. 47, 1997 GOVERNMENT GAZETTE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 Substitution of section 27 of Act promulgated under Proclamation 103 of 1994

24. The following section is hereby substituted for section 27 of the principal Act: “Misconduct of heads of department 27. (1) (a) When a head of department is accused of misconduct, the relevant executing authority may appoint a person to investigate the matter and report to him or her thereon, [and such authority may thereupon report the matter to the President or, in the case of a provincial administration, to the Premier of the province, who may direct the said] whereupon the said authority [to] ~ charge [the] that head of department [concerned] with [that] misconduct. — (b) If a hearing becomes necessary in terms of section 22(6), read with subsection (2) [of this section], the [President or Premier] relevant executing authority may appoint a person to [conduct the hearing] preside at the hearing. (2) The provisions of sections 21(2), 22(1) and (4) to (8) and 23 to 26 shall apply mutatis mutandis to any proceedings or steps following upon an investigation [and a direction under] referred to in paragraph (a) of subsection (1 )[(a) of this section], and for that purpose— (a_) a reference in sections 21(2J, 22(1) and (6), 24, 25(3) and 26[(2)] to the head of department shall be construed as a reference to the relevant executing authority [and]; (b) a reference in section 26 to the executing authority shall be construed as a reference to the President or, in the case of a provincial administration, the relevant Premier; a reference in sections [22(6) and 24(2)(a)(v) to the head of department shall be construed as a reference to the President or the relevant Premier, as the case may be]21 (2) and 23(1) and (2) to the investigating officer shall be construed as a reference also to a person appointed under paragraph (a) of the said subsection (1); and a reference in sections 22(6) and (8), 23(1), (3) and (5), 24(1) and (2) and 26 to the presiding officer [conducting the hearing] shall be construed as a reference also to [the] q person appointed under paragraph (b) of the said subsection (l) [of this section].”. 5 10 15 20 25 30 Amendment of section 30 of Act promulgated under Proclamation 103 of 1994

25. Section 30 of the principal Act is hereby amended by the substitution for 35 paragraph (b) of the following paragraph: “(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 [on the recommendation of the Commission] by the relevant executing authority or an officer authorised by [such] the said authority; and”. Amendment of section 31 of Act promulgated under Proclamation 103 of 1994

26. Section 31 of the principal Act is hereby amended— (a) by the substitution for paragraph (a) of subsection (1) of the following paragraph: “(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 [recommendation of the Commission] 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 g such remuneration, allowance or [other] 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% 40 45 50 55 40 No. 18366 Act No. 47,1997 GOVERNMENT GAZE7T’E, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 regarded to have been employed by virtue of the provisions of section 1(3). at the time of the receim thereof. and if he or she does not do so. it =1 be recovered from him&her by [that] 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 [such a] the determination [by] @ the head of department to the relevant executing authority, who may make such [order] decision as he or she may think fit. (iii) The [Commission] relevant executing authority may [recom- mend that] approve of the officer or employee concerned [may retain] retaining the whole or a portion of the y_& remuneration, allowance or reward.”; (b) by the substitution for subsection (2) of the following subsection: “(2) (a) Subject to the provisions of paragraph (b), any salary, allowance, fee, bonus or honorarium which maybe payable in respect of the services of an officer or employee placed temporarily at the disposal of any other government, or of [a] ~ council, institution, body or person contemplated in section 15(3) or (4), shall be paid into revenue. (b) In circumstances regarded by the [Commission] the relevant executing authority as exceptional, [it] the said authority may [recom- mend the payment] approve of paying out of revenue [to the officer or employee concerned ofl an amount equal to that salary, allowance, fee, bonus or honorarium, or a portion thereof, to the officer or employee concerned.”; and (c) by the addition of the following subsection: “(3) For the purposes of subsection ( l)(a)(i)— (u) ‘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 5 10 15 ~o 25 30 (c) ‘section 30(b)’ includes any corresponding provision of any such 35 law.”. Substitution of section 34 of Act promulgated under Proclamation 103 of 1994

27. The following section is hereby substituted for section 34 of the principal Act: “Reduction of salaries 34. [Subject to the provisions of section 236(5) of the Constitution, the] The salary or scale of salary of an officer shall not be reduced without his or her consent except in terms of [— (a)] the provisions of section [4] ~ or 38 or Q Chapter VI [of this Act, section 236 (6) of the Constitution] or gf an Act of Parliament [; or (b) a programme of rationalisation referred to in section 237 of the 40 45 Constitution].”. Substitution of section 35 of Act promulgated under Proclamation 103 of 1994

28. The following section is hereby substituted for section 35 of the principal Act: “Grievances of officers and employees 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, an officer or employee may lodge that complaint or grievance with the relevant executing authority under the prescribed circumstances, on the prescribed conditions and in the pre- scribed manner, and if that complaint or grievance is not resolved to the satisfaction of such an officer or employee, that executing authority shall 50 55 42 No. 18366 GOVERNMENT GAZETTE, 13 OCTOBER 1997 Act No. 47, 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 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.”. 5 10 Amendment of section 37 of Act promulgated under Proclamation 103 of 1994 15

29. Section 37 of the principal Act is hereby arnended— (a) by the substitution for subsection (1) of the following subsection: “(1) Subject to the provisions of section 5, officers and employees shall be paid the salaries, wages and allowances in accordance with the scales [recommended by the Commission] determined by the Minister for their ranks and grades in terms of section 3(3)[(g)]@J.”; and (b) by the substitution in subsection (2) for the words preceding paragraph (a) of the following words: “[On the recommendation of the Commission, but subject to the provisions of section 5] Subject to such conditions as may be prescribed-”. Amendment of section 41 of Act promulgated under Proclamation 103 of 1994

30. Section 41 of the principal Act is hereby amended— (a) by the substitution for subsection(1) of the following subsection: “(1) The Minister may make regulations— (a) regarding— 20 25 30 (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, 35 offices or institutions; (iii) the control, organisation. rationalisation, restructuring or readjustment of departments, subdepartments, branches, of- fices or institutions; (b) regarding— (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 capa- city— (au) 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 depart- ment; 40 45 50 55 (c) regarding— 44 No. 18366 Act h’o. 47, 1997 GOVERNMENT GAZETTE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 (i) the employment of persons and the transfer, promotion am continued employment of officers and employees, includin{ the continued employment of officers in or against post! graded higher or lower than their own grade, or additional ti the fixed establishment; (ii) the circumstances under which medical examination shall b( required for the purposes of any provision of this Act, and thi form of medical reports and certificates; 5 (iii) the particular classes of officers and employees who may bt required to provide security, and the amount and form thereof 10 (d) re~ardine— (i) (v) (ii) (iv) (iii) (vi) (vii) the ‘duties, powers, conduct, discipline, hours of attendance and leave of absence of officers and employees and their othel conditions of service, including the occupation of official quarters the management of matters regarding conduct, including : code of conduct with which officers and employees shal comply: Provided that such a code shall only be approved b~ the Minister on the advice of the Commission; the general security in departments and the security require ments with which officers and employees shall comply; the conditions on which and the circumstances under whick remuneration for overtime duty, and traveling, subsistence climatic, local and other allowances shall be paid to officer! and employees; journeys on official duty and the transport privileges of officers and employees; medical aid to officers and employees; the health and safety of officers and employees in the workplace; (e) ‘in “order to promote &fficient, econorni; &d effective use oj resources and to immove the mana~ement and functioning oj departments, subdep&tments, branch&, offices and institut~ons regarding— (j (ii) (iii) org~nisation, procedure and methods; supemision; the simplification of work and the elimination of unnecessag work; the management of information and the utilisation of informs tion technology; the co-ordination of work; the limitation of the number of officers and employees 01 departments, subdepartments, branches, offices and institu- tions, and the utilisation of the services of officers anc employees to the best advantage; the training of officers and employees; work facilities; sound labour relations; any other matter which the Minister may consider essential; (vii) (viii) (ix) (x) regarding the keeping of records of the functions and organisation of departments, of officers and employees and of post establish- ments; regarding any matter required or permitted to be prescribed by regulation under this Act; 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; in general, regarding any matter which the Minister may consider necessary or expedient to prescribe or to regulate in order to achieve the obje~ts of this Act.”; ‘ad (iv) (v) (vi) 15 20 25 30 35 $0 t5 ‘o ‘5 60 (b) by the substitution for paragraph (c) of subsection (3) of the following paragraph 46 No. 1 8 3 66 Act No. 47, 1997 GOVERNMENT GAZETTE, 13 OCTOBER 1997 PUBLIC SERVICE LAVrS AMENDMENT ACT, 1997 “(c) The provisions of this subsection shall not affect the power of the [President] Minister to make a new regulation regarding the subject matter dealt with by a regulation that has lapsed in terms of paragraph (a).”. Amendment of section 42 of Act promulgated under Proclamation 103 of 1994 5

31. Section 42 of the principal Act is hereby amended by the substitution for subsection ( 1 ) of the following subsection: “(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.”. 10 Insertion of section 42A in Act promulgated under Proclamation 103 of 1994

32. The following section is hereby inserted after section 42 of the principal Act: “Assignment of functions by Minister 42A. (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 section41 ( 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 Actor 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.”. 15 20 25 Amendment of section 43 of Act promulgated under Proclamation 103 of 1994

33. Section 43 of the principal Act is hereby amended— (a) by the substitution for subsection (2) of the following subsection: “(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.”; and 30 (b) by the deletion of subsections (3). (4) and (5). Savings 34. (1) Notwithstanding the amendment of the principal Act by this Act— (a) (b) anything done by the Public Service ‘Commission established by section 209( 1 ) of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), under the principal Act and which could be done by the Minister for the Public Service and Administration under a provision of the principal Act. as amended by this Act, shall be deemed to have been so done by the said Minister; any inquiry into inefficiency and any proceedings in respect of a charge of misconduct or a complaint or grievance instituted or commenced under the principal Act, shall be continued and concluded as if the principal Act had not been amended by this Act. and for that mu-pose, a reference— (i) . in the provisions relating to inefficiency or misconduct, to the Commis- sion shall be construed as a reference to the said Minister; in the provisions relating to a complaint or grievance, to the Commission shall be construed as a reference to the Public Service Commission established by section 196(1) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996). (ii) . 35 40 45 50 48 No. 18366 Act No. 47, 1997 GOVERNMENT GAZETTE. 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 (2) If a provincial legislature has, in a law referred to in section 14(1) of the Public Service Commission Act, 1997, incorporated the principal Act by reference and amended or adapted it in order to entrust powers and duties to the relevant provincial service commission, then, notwithstanding the repeal of any such Iaw by the said section 14(1)— (a) anything done by that provincial service commission under the principal Act, as incorporated and amended or adapted by the provincial legislature, and which could be done by the Minister for the Public Service and Administra- tion under a provision of the principal Act, as amended by this Act, shall be deemed to have been so done by the said Minister; (b) any inquiry into inefficiency and any proceedings in respect of a charge of misconduct or a complaint or grievance instituted or commenced under the principal Act, as incorporated and amended or adapted by the provincial legislature, shall be continued and disposed of as if any such law had not been repealed by the said section 14(1), and for that purpose, a reference— (i) in the provisions relating to inefficiency or misconduct, to that provincial service commission shall be constmed as a reference to the said Minister; (ii) in the provisions relating to a complaint or grievance. to that provincial service commission shall be construed as a reference to the Public Service Commission referred to in subsection (1 )(b)(ii). 5 0 5 Repeal or amendment of laws, and savings 35. (1) The laws mentioned in the Schedule are hereby repealed or amended to the extent indicated in the third column thereof. (2) Notwithstanding the repeal of any law by subsection (1), any of the provisions of any such law which but for the repeal would have been applicable to any matter or person, shall continue to be applicable to any such matter or person as if the repeal had not been effected. (3) Notwithstanding the amendment of any law by subsection (1), anything done by the Public Service Commission referred to in section 34(1)(a), or by its predecessor, under any such law and which could be done by the Minister for the Public Service and Administration under a provision of any such law, as amended by the said subsection (1). shall be deemed to have been so done by the said Minister. Short title and commencement

36. This Act shall be called the Public Service Laws Amendment Act, 1997, and shall come into operation on the date on which the laws referred to in section 14(1) of the Pubiic Service Commission Act, 1997, are repealed by the said section 14(1). 50 No. 1 8 3 66 Act No. 47.1997 GOVERNMENT GA.ZE7TE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 SCHEDULE LAWS REPEALED OR AMENDED (Section 35) No. and vear of law Act No. 38 Of 1Y27 ;hort title 3iack Administration Act, 1927 Act No, 47 of 1937 )eeds Registries Act. 1937 Extent of reDeal or amendment rhe amendment of section 2 by he substitution for paragraph (a) }f subsection (3) of tbe following )aragraph: “(a) he has passed the [civil service lower law] di- ploma iuris examina~on or an examination deter- mined by the [Public Service Commission] Minister for the Public Service and Administra- tion to be equivalent thereto frrr the purposes of this section: or” “he amendment of section 2 by he substitution for subsection (2) }f tbe following subsection: “(2) No person shall be ap- pointed as chief registrar, reg- istrar. deputy registrar or assis- tant registrar of deeds after tbe commencement of section 2 of tbe Deeds Registries Amend- ment Act, 1984 (Act No. 62 of 1984), unless he bas passed the [Public Service Law Ex- amination] diploma iuris ex- amination or an examination deemed by the [Commission for Administration] Minister for the Public Service and Ad- rninistraoon to be equivalent thereto, and has served in the administrative division of the public service in one or more deeds registries for a period of not less than seven years: Pro- vided that th]s subsection shall not apply with reference to the authorization of any oflicer under subsection ( 1A) or ( lB) to act as contemplated in the relevant subsection.”. Act No. 26 of 1945 Act No. 43 of 1947 Ac[ No. 3] of 1949 oad Transportation Boards Ser- lce Act, 1945 he repeal of the whole able and W7re]ess Workers ransfer Act. 1947 Idian Immigration Bureau ransfer Act. 1949 he repeal of the whole. be repeal of tbe whole, 5’2 No. 18366 GOVERNMENT GAZETTE, 13 OCTOBER 1997 Act No. 47.1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 No. and year of law ihort title Act No. 54 of 1956 A’ater Act. 1956 Act No. 5 of 1957 Vage Act, 1957 Act No, 44 of 1957 )efence Act. 1957 Extent of repeal or amendment rhe amendment of section 3 by he subsd[ution for pamgraph (b) ]f subsection (2) of the following ]aragraph: “(b) the scales of the salaries, allowances, leave privi- leges and other condi- tions of employment ap- phcab]e in relation to any employees so appointed shall be as [laid down] determined from time to time by the Minister ~m time to time after consultation with the Public Service Commis- sion] in consultation with the Minister for the Pub- lic Service and Adminis- tration.”’. rhe amendment of section 3 by he substitution for the proviso to ,ubsection (9) of the following )rovi so: “: Prowded that the Minister may. [on the recommenda- tion of the Commission for Administration and with the aPProval of the Minister of Finance] in consultation with the Minister for the Pubhc Serwice and Administratlorr. apprc~v~ of the payment to him during the period of his ser- vice as a member. additional member or temporary member of the board, in addition to his emoluments as a person in the full-time employment of the Stale. of an allowance which shall not form part of his pen- sionable emoluments.”.

1. The amendmen~ of section (1) by the substitution for para- :raph (a) of the definition of ‘prescribed” of tbe following laragraph: “(a) in relation to any matter affecting the salaries, pay or allowances of mem- bers of [he South African Defence Force, the Re- serve, the Cadet Corps or any auxiliary or nursing service established under this Act, [recommended by the Commission for Administration in terms ofl determined by the Minister for the Pub- lic Service and Adminis- tration under section 82bi.?; and “. 54 No. 18366 GOVERNMENT GAZETTE, 13 OCTOBER 1997 Act No. 47, 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 No. and year of law Short title Extent of repeal or amendment

2. The amendment of sechon 9 by the substitution for paragraph (a) of subsection (2) of the fol- lowing paragraph: “(a) Subject to the provi- sions of the Public Service Act. [1984 (Act No. 111 of 1984), or the Commission for Administration Act, 1984 (Act No. 65 of 1984)] 1994 (promulgated under Proclama- tion No. 103 of 1994), the pro- cedure for enrolment. appoint- ment and promo~ion in the Permanent Force and. subject to the provisions of any law relating to the gran[ of pen- sions or any other beneft[ un- der such law to members of the Permanen( Force. the con- ditions of such enrolment. ap- pointment and promotion as well as other conditions of service. shall be as may be prescribed or as ma~, subject m the above provisions. be authorized by the Minister.”.

3. The substitution for secnon 82bt.\ of the following section: “Salaries, pay and allow- ances to be determined by ~iinister for the Prsblic Ser. vice and Administration 82bis. Members of the South African Defence Force. the Reserve, the Cadet Corps or any auxiliary or nursing ser- vice established under this Act shall receive such salaries, pay or allowances in respect of their service, training or duly in pursuance of this Act as the [Commission for Administra- tion] Minister for the Publlc Service and Adminis[ratirrn may from time to ome [rec- ommehd] determine.”. 56 No. 18366 Act No. 47, 1997 GOVERNMENT GAZETTE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 No. and year of law Short title Extent of repeal or amendment ACL No. 8 of 1959 Correctional Serwces Act, 1959

1. The amendment of section 1 by the deletion of the definition of “’Commission for Administra- tion”,

2. The amendment of section 5 by the substitution for subsection (4) of the following subsection: “(4) The members of a cor- rectional board who are not in the full-time service of the State. may receive such remu- neration and allowances as the Minister may [on the recoin. mendation of the Commis- sion for Administratitm] &. [ermine with the concurrence of the Minister of Finance.”,

3. The amendment of section 5C by the substitution for sub- secuon (4) of the following sub- section: “(4) The members of a pa- role board who are not in the full-time service of the State, may receive such remuneration and allowances as the Corn. mlssloner may [on the recom- mendation of the Commis- sion for Administration] determine with the concur- rence of the Minister of Fi- nance.”.

4. The amendment of section 7 by the substitution for subsection (2) of the following subsection: “(2) A minister of religion, psychologist, social worker, edu- cationist or other person contem- plated in subsection (1) shall be paid [the] such allowances as determined~the Commiss~oner [on the recommendation of the Commission for Administration and after consultation with the Department of State Expendi- ture] in consultation with the Minister for tbe Public Service and Administration: Provided that any other remuneration paid by the State to such person shall not be affected by this provi- Sion.”. Tbe amendment of section 34 by the deletion of the proviso to paragraph (b) of subsection (1). The amendment of section 6 by the deletion of subsection (2). Act No. 59 of 1959 s upreme Court Act. 1959 Act No. 120f 1961 Defence Amendment Act. 1961 58 No. 18366 Act No. 47, 1997 GOVERNMENT GAZEITE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 No. and year of law Short title Extent of repeal or amendment .Ac[ No. 66 of 1965 Admlnistratlon of Estates Act, 1965 Act No. 66 of 1974 Post Ot%ce Serwce Act. 197-I Act No. 29 of 1979 General Pensions Ac[, 1979 The amendment of section 2 by the substitution in subsection (2) for the words preceding the pro- viso of the following words: “No person shall be appointed as Master, Deputy Master or Assistant Master of the Su- preme Court unless he has passed the [Public Service Law Examination] diploma iurk examination or an exami- nation deemed by the [Public Service Commission] Mini+ ter for the Public Service and Administration to be equiva- lent thereto. or has before the commencement of this Ac( held a substantive appointment as a Master or Assistaru Mas- ter of the Supreme Court:”. The amendment of section 5 by the deletion of subsections (5) to (8).

1. The amendment of section 7 b} the substitution for paragraph (a) of subsection (l) of the fol- lowing paragraph: c“(a) any contributions or moneys due or payable by a pensioner to any registered medical aid fund or medical aid soci- ety [established by or in terms of or] recognized by the [Public Service Commission in accor- dance with any regula- tions made under sec- tion 26(1) of the Public Service Act, 1957 (Act No. 54 of 1957)] Minis- ter for the Public Sem, ice and Administration have not been paid: or”.

2. The amendment of section 11 by the substitution in subsec- tion ( 1 ) for the words preceding paragraph (a) of the following words: 60 No. 18366 GOVERNMENT GAZETTE, 13 OCTOBER 1997 Act No. 47, 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 No. and year of law Short title Extent of repeat or amendment Act No. 75 of 1979 Temporary Employees Pension Fund Act, 1979 “Notwithstanding anything to the contrary in any law con- tained, the Minister may, with the concurrence of the Minister of Finance, the Minister [oH for Posts [and], Telecommuni~ions and Broadcasting and the [Ad- ministrators] Premiers, and after consultation with the Minister [responsible for National Intel- ligence Service] of Justice, the Minister [responsible for the Commission] for the Public Ser- vice and Administration. the Minister of Defence, the Minister [of Police] for Safety and Secu- ~ and the Minister of [Prisons] Correctional Services, make regulations which prowde-”. The amendment of section 8— (a) by the substitution for para- graph (i) of subsection (2) of the following paragraph: “(i) provide for the exercise or performance by the Secretary. the Treasury or the [Public Service Commission] Minister for the Public Service and Administration, of such powers or functions as the Minister may deem necessary for the achievement of the ob- jects of this Act.”: and (b) by the substitution for sub- section (6) of the following subsection: “(6) Regulations made under this section shall be made by the Minister with the concurrence of the Minister of Finance and— after consultation with the Ministers responsible for the [Commission for] Public Service and Admin- istration, [NationaI] Edu- cation and Posts [and], Telecommunications and B r o a d c a s t i n g . ” . — 62 No. 18366 Act No. 47, 1997 GOVERNMENT GAZETTE, 13 OCTOBER 1997 PUBLIC SERVICE LAW’S AMENDMENT ACT. 1997 No. and year of law ihort title htent of repeal or amendment ACI No. 9f) ()( 1979 iducation and Training ACI. 979 Ac[ No. 75 of 19fi(I Act No. 80 ot 1991 \hnlltion of Dc\ clopmenl Bod- J\ .4c(. 198(] ‘ubllc Accountant\’ :Ind ,Audi or\’ AC(. 1991 rhe amendmem of section 4 by he substitution for subsection (4) )f the following subsection: “(4) Tbe Department shall place a full-~ime secretary at Ibe disposal of the Council with such rerncrnem[ion and idlowances. if any. as may be dctermlncd by the hfmis[er u Ilh the concurrence o(” the Mlois[er of Finance [and on the recommendation of the Cmnmission f’nr .4dministra- tion]. ”. rhc repeal ol wc[ion 4 rhc anwnchncn~ of section 12 h! he substi~uoon for subsec~ion (2) II [he follnv ing sub~cctl on: “’(2 ) A member of the board m an! fuch commitlee who is in !hc full-unw sertice of the Sta~e ma!. )n addition to his remuneration in respect of such scr\ ice. receive such re- munera~ ion t-or speci~il services rendered b) him to the board Lfinis[er [on the recommen- dation of the Commission for Administration] in conwtird- lion tvi[h the Minister t’or the Public Sel-vice and Administn}- uon. hu[ nrr( exceeding an amcrun[ recommended hy the board.”. .4CI No 95 Of’ 1991 .boli[ion of the Na[ional Encrg\ ouncil Act. 1991 ‘he repeal 01 section 4. Ac[ No. 122011992 .udll .+rrmgemcnt~ Ac!. 1992

1. The amendmen~ of section I .Act No 44 rrf 1993 ,Irpcms Compan! Acl. I 993 ! the dclc[icrn of the definition f .’COnlmlssion”.

2. The amendment of sectmn 9 h! {hc dcleliorr of suhsectl on\ il to(8). ‘he amendment of sec[ion 6 by lC substltuticrn for subsection (3) I the Iollmwng subsec~ion: “(3) The Minis(er may, in accordance w,ilh the pro\ lsions of an agreement concluded bemveen [he Departmen[ and the company. [with the con- currence of the Commission for Administration] trmsfer [o the compan! any person who is an officer or employee m the Department in terms of the Public Service Act, [1984 (Act No. 111 of 1984)] 1994 (promulgated under Proclama- uon No. 103 of 19941.”. GOVERNMENT GAZETTE. 13 OCTOBER 1997 PUBLIC SERVICE L.4WS AMENDMENT ACT, 1997 64 No. 1 S366 Act No. 47.1997 No. and year of law ACI NO, 86 of 1993 Short title Academic Health Centres .4c[. 1993 AC( N(I. 9001 1993 \lagl\[ralc\ ,Ac[. IW3 .Act No 23 u!’ 1994 lrhhc Pro(eclor ,ACL 1994 Rtent of repeal or amendment k amendment ot’ sec~ion 27 h) he suhstitu[]on [or suhsectlcrn ( I ) ~i [he tollowlng subsection: “( I I The staf’f rrl an ac:i- dem(c health cenlre shall at~er [he clc~$urc ol such a cenu-c In tcrrn~ of section ?6 become oflicers lrr the emplnymen( 01 the SMIe and trc appointed 10 such posts as the Minister [on the recommendation of the Commission for Administra- tion established h! section 2(1 ) uf the Commission for Administration Act, 1984 (Act No. 65 of 1984)1 nm! delmm)jn c,”. ‘he amendment of scc[jon 12 h> hc suhsti{o(ior] for paragraph (<1 ~ II \ufrscc (Ion ( I I of (he folio wing laraqraph ‘“(a} Sublect to [he pro~ i- siorrs of this scc[i on. an> per- son occup! II): [he office nt rna:lstrate shall, In respec[ ot’ tha! ofice. be paid ~ salar} ]n accordance with the scale de- termined I’twm time to time Im his or her- ran~ and gt-adc by the M!nistet h! notice ]rr the Ckcrfc III corrsulla(ion v ilh the Commission [and after consultation with the Public Service Commission] and with the concurrence of the Mirrlste!- of’ I. State Expendi- ture] Finance..’.

1. The amrndmen[ of secuon ! the deletion of’ the definition f ‘Public Ser\lce Commis- sion”.

2. The amendment of section () h! thd <uhs[i[u[]on for suh- wc[ion ( 10) of the f’crllowln: suhwc(ion. “( 10) In exercising hii or her powers in terms of suh- scc[ions ( I I and (9). the Puh- Iic Protector shall con$ull with the Minister of Finance [and the Public Service Commission].”: and 66 No. 18366 GOVERNMENT GAZE’fTE, 13 OCTOBER 1997 Act No. 47, 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 No. and year of law Short title Extent of repeal or amendment Act No. 30 of 1994 Volhs[aat Cnurrcll Act. 1994 (b) by the substitution for sub- section (12) of the following subsection: “( 12) The Public Proteclor may, in the performance of [he functions contemplated in subsection ( 1 )(b). al his or her request [after consrslta- tion with the Public Service Commission]. be assisted by oflicers in the Public Service seconded to the sen, ice of the Public Pro(ec(or in terms 01 any law regulating such sccmrdmen~. ”. The amendment of sectlrm 5 by the substiumon for pamgr’aph (a) of subsection ( I ) of tbe following paragraph: “(a) The Council may. w!th the appro~,al of the Director-Gen- eral of’ the Departmen[ of Consri - tutirrnal Development and suf?]ect to the ~erms and conditions deter- mined in consultation with the Minister [for the Public Service and Administration and the Public Service Commission] of Finance. appoint a secretary an~ such o~her staff as may be neces- sary for the e~lcicn( performance of its functions.”’. .4ct No. 37 of 1994 Commission on the Remunera- timr of Represeniati\es Act. 1994 the substitution for subsection (5) te amendment of section 5 by of the t’ollowlng subsection: “(5) The commission shall be assisted in the performance of its funcuons by a secretariat provided. after consultauon wi[h the commission. by the [Public Service Commission] Minister for the Public Ser\ Ice and Administration.”. Act No. 38 of 1994 Intelligence Scr, Ices ACI. 1994

1. The amendment of section I by the deletion of the definition of “Public Service Commis- sion”, 68 No. 18366 Act No. 47, 1997 GO\rERh’MENT GAZETTE. 13 OCTOBER 1997 PUBLIC SERVICE LAWS A~lENDhfENT ACT, 1997 No. and year of law Short title Extent of repeal or amendment

2. The amendment of scc[ion 8 h> dw sutrsti[utlcm for paragraph (ii) nf subsectmn (3) of the fol- Iowlng paragmph: “tii ~ [after consultation with the PubIic Service (kmmissims] with the a proval of tbc h’finis[cr responsible for the de- parrmerr[ concerned. transte[- such persnn ol- memher [o [another] thal deparmvmt [on] wh- ICC[ 10 [he U)lldltlO1lS [determined by the I)eput~ President or the hlinister] Imposed b} ani ]au sovcrnln~ the lransler. ”,

3. The amcnclmen[ of scc~lun I 2— ({// b) [he \utl\[ltullon for sub- pamgrapb (III of pwagmph fft) of suhsectmn [ I I of [hc I Illow,ng subparagmpb “’( ii t 1( [he Mini$~c(- [corr- cerned has cmr- curred therein and the Public Service Commission has so recommended] re-— iponsih]e for the de- partment concerned has gran[cd his ur hct _ In Ian! other] tha~ dcpar[- men[. ”: and (h) b! [he sutwtitu[mn for para- g!-aplj (hh I of the prm iso tu {he smd pmayaph ({(J of the follou ln~ paragraph: “(/~/)t such a [ranslc!- [o ano[hct- department shall [take place on such] he subject 10 tht condluons [as — may be deter- mined on the rw’- ummendation of the Public Service Commission] inl-— posed h\’ mi Iau ~“k crnin~ ~ha[ [rmsfer, and”. 70 No. 18366 Act No. 47, 1997 GOVERNMENT GAZETTE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 No. and year of law Act No. 54 of 1994 Short title Human Rights Commission Act, 1994 Extent of repeaf or amendment

1. The amendment of section l& (a) by the substhution for para- graph (a) of subsection (1) of the following paragraph: “(a) shall, in consultation with [the Public Ser- vice Commission and] the Minister of Fhmssce and subject to the approval of the Commission and the provisions of subsec- tion (5), appoint such staff [in accordance with section 117(1 ) of the Constitution] as may be reasonably necessary to assist him or her with the work incidental to the performance by the Commission of its functions;”; and (b) by the substitution for sub- section (6) of the following subsection: “(6) The Commission may, in consultation with the [Public Service Commis- sion] Minister of Finance, in the exercise of its powers or the performance of its duties and functions by or under this Act, the Constitution or any other law, for specific projects, enter into contracts for the services of persons having technical or specialised knowledge of any matter relating to the work of the Commission and [with the concurrence of the Minister of Fkance] deter- mine the remuneration, in- cluding reimbursement for traveling, subsistence and other expenses, of such per- sons.”.

2. The amendment of section 19 by the substitution in subsec- tion (1) for the words preceding paragraph (a) of the following words: 72 No, 18366 Act No. 47, 1997 GOVERNMENT GAZE’HE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 No. and vear of law Short title Extent of repeal or amendment “The President may, after the Commission has made a recom- mendation [and after consuka- tion with the Public Service Commission], make regulations regarding the following matters in relation to the staff of the Commission:”. Proclamation No. 138 of 1994 Educators’ Employment Act, 1994 The amendment of section 30 by the deletion of subsection (1). Act No. 2 of 1995 Land Administration Act, 1995 Proclamation No. R. 5 of 1995 South African Police Service Rationalisation Proclamation, I 995 Act No. 13 of 1995 Constitutional Court Comple- mentary Act, 1995 Act No. 30 of 1995 Labour Appeal Court Sitting as Special Tribunal Act, 1995 The amendment of section 2 by the deletion of paragraph (b) of subsection (4). The amendment of section 8 by the substitution for subsection ( 1 ) of the following subsection: “(1 ) The salary, salary scale and allowances in respect of the National and Provincial Commis- sioners shall be determined by the Minister in consultation with the [public Service Commis- sion] Minkter for the Public Ser- vice and Administration.”. Tbe amendment of section 14 by the deletion of the proviso to subsection (3). The amendment of section I by the substitution for the definition of “Minister” of the following definition: “ ‘Minister’ means the Minis- ter [appointed by the Presi- dent in terms of section 88 of the Constitution to adminis- ter the 05ce of the Public Service Commission] for the Public Service and Adminis- tration;”. Act No. 34 of 1995 Promotion of National Unity and The amendment of section 5 by the substitution for subparagraph Reconciliation Act, 1995 (ii) of paragraph (h) of the fol- lowing paragraph: Act No. 53 of 1995 Audit Matters Rationalisation and Amendment Act, 1995 “(ii) seconded to its service by any department of State at the request of tbe Commission [and after consultation with tbe Public Service Commis- sion];”.

1. The amendment of section 1 by the deletion of the definition of “Public Service Commis- sion”. 74 No. 18366 GOVERNMENT GAZETTE, 13 OCTOBER 1997 Act No. 47, 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 No. and year of law Short title Extent of repeal or amendment

2. The amendment of section 2 by the substitution for subsection (1) of the following subsection: “(l ) The Auditor-General shall, in respect of each of the laws mentioned in the Sched- ule and in respect of each au- dit office, determine an effec. tive date in consultation with the [Public Service Commis- sion] Minister for the Public Service and Administration and shall, not later than 30 days before such date. an- nounce the date by notice in the Gazer(e: Provided that no person shall be adversely af- fected by the determination of different effective dates for the different audit offices.”. Act No. 59 of 1995 Pan South African Language Board Act, 1995 The amendment of section I& (a) by the substitution for para- graph (a) of subsection (1) of the following paragraph: “(a) shall, in consultation with [the Public Ser- vice Commission and] the Minister of Finance. appoint such staff as may reason- ably be necessary to assist him or her with the work incidental to the performance of the functions of the Board;”; (b) by the substitution for sub- section (6) of the following subsection: “(6) The Board may, in consultation with the [Public Service Commk.sion] Minis- ter of Finance, in the exer- cise of its powers or the per- formance of its functions in terms of this Act, the Con- stitution or any other law. in the case of specific projects, enter into contracts for the purpose of oblaining the services of persons 76 No, 18366 Act No. 47, 1997 GOVERNMENT GAZE’lTE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 No. and year of law Short titte Lxtent of repeaf or amendment Act No. 68 of 1995 ;outh African Police Service Act .995 having technical or specialised knowledge of any matter relating to the func- tions of the Board and [with the concurrence of the Minister of Finance] deter- mine the remuneration, in- cluding reimbursement for traveling, subsistence and other expenses, of such per- sons.”; and by the substitution in subsec- tion (7) for the words preced- ing paragraph (a) of the fol- lowing words: “The President may, after the Board has made a recom- mendation [and after con- sultation with the Public Service Commission], make regulations regarding the following matters in relation to the staff of the Board:”. c)

1. The amendment of section 5 by the substitution for para- raph (c) of the following para- raph: “(c) if the President or a Pre- mier appoints him or her in the public interest un- der any law to an office to which the provisions of this Act or the Public — Service [Commission] Act, [1984 (Act No. 65 of 1984)] 1994 (promul- gated under Proclamation No. 103 of 1994), do not apply.”.

2. The amendment of section 2 by the substitution for subsec- on (2) of the following subsec- on: “(2) The terms and condi- tions of service of the person- nel of the directorate shall be [determined by the Mhister in consultation with the Ex- ecutive Director and the Public Service Commission] prescribed by or under the laws governing the public ser- vice.”. 78 No. 18366 GOVERNMENT GAZETI’E, 13 OCTOBER 1997 Act No. 47.1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 No. and vear of law Short title Act No. 19 of 1996 National Youth Commission Act, 1996 4ct No. 39 of 1996 Commission on Gender Equality Act, 1996 Extent of repeal or amendment

1. The amendment of section 13— (a) by the substitution for para- graph (b) of subsection (1) of the following paragraph: “(b) shall, in consultation with [the Public Ser- vice Commission and] the Minister of Finance and subject to subsection (5), appoint such staff as may be reasonably necessary to assist him or her with the work inciden- tal to the performance by the Commission of its functions;”; and (b) by the substitution for sub- section (6) of the following subsection: “(6) The Commission may, in consultation with the [Public Service Commis- sion] Minister of Finance, in the exercise of its powers or the performance of its duties and functions by or under this Act, for specific projects, enter into contracts for the services of persons ha~,ing technical or specialised knowledge of any matter relating to the work of the Commission and [with the concurrence of the Minister of Finance] determine the remuneration, including re- imbursement for traveling, subsistence and other ex- penses, of such persons.”.

2. The amendment of section 14 by the substitution in subsec- tion (1) for the words preceding paragraph (a) of the following words: “The President may, after the Commission has made a recom- mendation [and after consulta- tion with the Public Service Commission], make regulations regarding the following matters in relation to the staff of the Commission:”.

1. The amendment of section 1 by the deletion of the definition of “Public Service Commis- sion”. 80 No. 18366 Act No. 47,1997 GOVERNMENT GAZEITE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 No. and year of law Short title Extent of svpeal or amendment

2. The amendment of section 7— (a) by the substitution for sub- section ( 1 ) of the following subsection: “(1 ) The Commission shall at its first meeting or as soon as practicable thereaf- ter— (a) in consultation with [the Ptshlic Service Commis- sion and] the Minister of Fkance, appoint a suit- ably qualified and expe- rienced person or a per- son seconded in terms of subsection (4) as Chief Executive Officer of the Commission for the pur- pose of assisting the Commission in the per- formance of its financial, administrative and cleri- cal functions; and (b) be assisted by such staff, seconded in terms of subsection (4) or ap- pointed by the Commis- sion in consultation with [the Public Service Commission and] the Minister of Finance, as may be necessary to en- able the Commission to perform its functions.”; (b) by the substitution for sub- section (2) of the following subsection: “(2) The persons ap- pointed by the Commission in terms of subsection ( 1 ) shall receive such remunera- tion, allowances and other employment benefits and shall be appointed on such terms and conditions and for such periods as the Commis- sion may, in consultation with [the Poblic Service Commission and] the Minis- ter of Finance, determine.”; (c) by the substitution for sub- section (4) of the following subsection: 82 No. 18366 Act No. 47.1997 GOVERNMENT GAZEITE, 13 OCTOBER 1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 No. and year of law Short title Act No. 103 of 1996 Telecommunications Act, 1996 Extent of repeal or amendment “(4) The Commission may, in the performance of its functions contemplated in subsection (l)(a), at its re- quest [after consultation with the Pubfic Service Commission], be assisted by officers [ofl in the public — service seconded to the ser- vice of the Commission in terms of any law regulating such secondment.”; and (d) by the substitution for sub- section (5) of the following subsection: “(5) The Commission may, in consultation with the [Public Service Commis- sion] Minister of Finance, in the exercise of its powers or the performance of its func- tions by or under this Act or any other law. for specific projects, enter into contracts for the services of persons having technical or specialised knowledge of any matter relating to the work of the Commission and [with the concurrence of the Minister of Finance] deter- mine the remuneration, in- cluding reimbursement for traveling, subsistence and other expenses, of such per- sons.”. The amendment of section 17— (a) by the substitution in subsec- tion (1) for the words pre- ceding paragraph (a) of the following words: “The Council shall, [in consultation with the Public Service Commis- sion and] subject to the approval of the Minister with regard to staff and resources, establish its own administration to as- sist the Authority in the performance of its func- tions and to this end the Council shall appoint—”; and 84 No. 18366 GOVERNMENT GAZETTE, 13 OCTOBER 1997 Act No. 47,1997 PUBLIC SERVICE LAWS AMENDMENT ACT, 1997 No. and year of law Short title Extent of repeal or amendment (b) by the substitution for sub- section (3) of the following subsection: “(3) The Authority may pay to the persons in its employ such remuneration and allowances and pro- vide them with such pen- sion and other benefits as the Authority may deter- mine with the approval of the Minister and with the concurrence of the Minis- ter of Finance [and after consultation with the Public Service Commis- sion].”.