The Director-General must administer the relevant office under the Commission’s control and directions; the section also sets transitional appointment, contract, pension, repeal, and commencement rules.
14. The Director-General: Office of the Public Service Commission shall, subject to the control and directions of the Commission, be responsible for the administration of the relevant office. 25 Repeal of laws and transitional provisions in respect of certain offices and personnel 15. (1) Subject to the provisions of subsection (2), the laws mentioned in the Schedule are hereby repealed to the extent indicated in the third column thereof. (2) Notwithstanding the repeal of any law by subsection (1) but subject to the 30 provisions of subsection (3)— (a) any office of—’ (i) the Public Service Commission functioning in accordance with any such law; or (b) (ii) any provincial service commission established by any such law, shatl be deemed to constitute the office of the Commission until otherwise dealt with under this Act, the Public Service Act or any other applicable law; any officer who was immediately Prior to the commencement of this Act employed by any such Public Service Commission or provincial service commission shall be deemed to have been transferred to the service of the Commission under the public Service Act, and he or she shall perform such functions as the Commission may determine. . . 35 40 (3) Any member of staff in excess of the organisational needs of the Commission may— (a) be transferred to any department or other organisational component in the 45 public service; and (b) be absorbed in an applicable post in any such department or organisational component, or be employed out of adjustment in a post in, or additional to the fixed establishment of, any such department or organisational component umil otherwise dealt with. 50 10 No. 18336 Act NO. 46.1997 GOVERNMENT GAZETTE, 3 OCTOBER 1997 PUBLIC SERVICE COMMISSION ACT, 1997 lkansitional arrangements in respect of former members of Public Service Commission or provincial service commissions 16. (1) Any person who, immediately prior to the commencement of this Act, held office as the chairperson or any other member of the Public Service Commission or a provincial service commission referred to in section 14(2)(a)- 5 (a) may be appointed as a commissioner; or (b) if he or she is not so appointed, may with his or her consent be appointed on contract, at the same salary and conditions of service, for the unexpired portion of his or her term of office, and he or she shall perform such functions in any department or other organisational component in the public service as 10 the President or, as the case may be, the Premier of the province concerned may determine after consultation with the relevant executing authority. (2) If ~Y such person is not appointed as a commissioner or on contract, he or she shall be entitled to such pension and other benefits as he or she would have been entitled to if he or she had been a head of a department who was discharged from the public 15 service owing to the abolition of his or her post: Provided that the actual salary or other service benefits of any such person at the relevant time shall be taken into account in calculating his or her pension and other benefits. Short title and commencement 17. (1) This Act shall be called the Public Service Commission Act, 1997, and shall 20 come into operation on a date fixed by the President by proclamation in the Gazette. (2) Different dates may be so fixed in respect of different provisions of this Act. (3) A reference in this Act to its commencement shall be construed as a reference to the applicable date so fixed. 12 No. 18336 GOVERNMENT GAZEITE, 3 OCTOBER 1997 Act h’o. 46, 1997 PUBLIC SERVICE COMMISSION ACT. 1997 SCHEDULE LAWS REPEALED (Section 14) No. and year of law Short title Extent of repeal Act No. 65 of 1984 Act No. 67 of 1985 Act No. 68 of 1988 Act No. 120 of 1990 Act No. 47 of 1993 Public Service Commission Act, 1984 rhe whole. Public Service Laws Amendment Act, 1985 So much as is unrepealed. Commission for Administration Amendment Act, 1988 rfte whole. Public Service Laws Amendment Act, 1990 Public Service Acts Amendment Act, 1993 So much as is unrepealed. So much as is unrepealed. Act No. I of 1994 of Northern Province Provincial Serwice Commission Act, 1994 The whole. Act No. 2 of 1994 of North-West North West Provincial Semite The whole. Commission Act, 1994 Act No. 3 of 1994 of Free State Provincial Service Commission Act, 1994 The whole. Act No. 3 of 1994 of Northern Cape Northern Cape Provincial Service Commission Act, 1994 The whole. Act No. 3 of 1994 of Mpumalanga Act No. 3 of 1994 of Gauteng Provincial Service Commission Act (Eastern Transwal), 1994 The whole. Provincial Service Commission Act, 1994 The whole. Act No. 5 of 1994 of Western Cape Western Cape Provincial Service Commission Law, 1994 The whole. Act No. 5 of 1994 of Eastern Cape Provincial Service Commission Act, 1994 (Eastern Cape) The whole. Act No. 6 of 1994 of Kwazuh/ Natal KwaZulu-Natal Pro\, incial Ser- vice Commission Act, 1994 The whole. Proclamation No. 104 of 1994 Proclamation No. 135 of 1994 Act No. 3 of 1995 of Free State Act No. 4 of 1995 of Free State Proclamation No, 70 of 1995 Amendment of Commission for Administration Act The whole Amendment of Public Sewice Commission Act The whole, Provincial Service Comm]sslon Amendment Act. 1995 The whole. Provincial Service Commission Second Amendment Act, 1995 The whole. Amendment of Public Service Commission Act The whole -“. ..—..———--— —