1. In this Act, unless the context indicates otherwise- .. . . (i) "Audit Arrangements Act" means the Audit Arrangements Act, 1992 (Act No. 5 122 of 1992); (vi) . · :., • · .. , : (ii) "Audit Commission" means the Audit Commission established by section 12 of the Audit Arrangements Act; (v) · (iii) "audit office" means an office of an auditor-general or a department of an auditor-general or any other institution or body by which any functions with 10 regard to an auditor-general are performed in terms of the following laws: '(a) · The Transkei Public Service Act, 1978 (Act No: 43 'of 1978; Trariskei); (b) The Bophuthatswana Public Service Act, 1972 (Act No. 4 of 1972, Bophuthatswana); - . . . . . . : . · 15 (c) The Venda Public Service Act, 1986 (Act No: 8 of 1986, Venda); , . ,;: . Jd) The Ciskei Public Service Act, 1981 , (A~t ~o. 2 of,1~81, c:;isk~i); (iv) . ·. (iv) ., "Auditor-General". means the. Auditor-General as defim:d in section 1, of the •d ; .. Auditor-GeneralAct, 1995 (Act No. 12 of 1995); (iii) · (v) "Board" means the Staff Management Board established by section 18 of the · Audit Arrangements Act; (vii)" · · ·. · ·. · • · ' · • > 20 (vi) "effective date", with regard to a particular audit office, means· the' date determined in respect of such office in terms of section 2(1); (i) (vii) "Office" means the Office of the Auditor-General established by section 3 of the Audit Arrangements Act; (ii) 4 No. 16695 GOVERNMENT GAZETIE, 21 SEPTEMBER 1995 Act No. 53, 1995 AUDIT MATIERS RATIONALISATION AND AMENDMENT ACf, 1995 (viii) "Public Service Commission" means· the Public Service.· Commission established by section 209 of the Constitution. (viii) Determination of effective dates and abolition of audit offices 2. (1) The Auditor-General shall, in respect of each of the laws mentioned in the Schedule and in respect of each audit office, determine an effective date in consultation 5 with the Public Service Commission and shall, not later than 30 days before such date, announce the date by notice in the Gazette: Provided that no person shall be adversely affected by the determination of different effective dates for the different audit offices. (2) The audit offices are hereby abolished with effect from the relevant effective dates. (3) All posts approved by a public service commission or similar institution 10 established by or under any law and which exist for an audit office immediately before the relevant effective date shall from that date be incorporated into the establishment of the Office: Provided that an adapted establishment for the Office shall be approved by the Board not later than 12 months after the last effective date. Transfer of assets .·• 3. All movable property ~f the State whi~h is applied exclusively for the purp~ses of an audit office immediately before the relevant effective date shall, with effect from that date, become the property of the. Office. · · · · ' . . - · · · · · . . : ' ~ 15 Election by staff of audit offices 4. (1) Subject to this Act, every person in the service of an audit office who elects in 20 writing before the relevant effective date to serve in the Office shall, with effect from that effective date, be deemed to be duly appointed in the Office in terms of the Audit Arrangements Act: Provided that no such person who, prior to the relevant effective date was employed in a permanent or temporary capacity or on probation, as the case may be, shall, in terms of this section, be deemed to be employed in the Office in any other 25 capacity. (2) The following provisions shall apply in respect of a person contemplated in subsection (1): (a) subject to any law relating to unfitness or incapacity of such a person to carry out his or her duties efficiently, the pensionable salary and pensionable salary 30 scale of any such person and verified on behalf of the Auditor-General as having been validly granted to such person, shall not be reduced without his or her consent, except in accordance with an Act of Parliament; (b) vacation and sick leave verified on behalf of the Auditor-General and standing to the credit of any such person with an audit office as at the relevant effective 35 date shall with effect from that date stand to his or her credit in the Office; ' ' : (c)' pensiomibleservice performed by any such person in the service of ait audit office as at the . relevant effective date and . verified on behalf of the - Auditor-General shall be deemed to be pensionable service performed by such person in the service of the Office; ·. · · · . · ' 40 . (e) . . . ' . (d)· suc.h a person shall not as a consequence of such election, be entitled to retire later than he or she would hav'e been able to, had he or she remained in the . service of that audit office; such a person may,' notwithstanding anything to .the contrary in any law or in the rules of the pension fund in question, remain a member of the pension fund 45 to' which he or she belonged whilst in the service of the audit office in question; any disciplinary steps instituted but not ~;ompleted , befo~e the relevant effective date or pending or·which' could have been instituted against such person on that date and arising out of al~eged misconduct committed whilst 50 · " · · · · . . . ' · , (f) ' 1 . . · · · · ' ! , , • :_ , , ' ' " , .• ," , • '··. , • · , • . ~ : I \I ! ' 'i ~- ; .. J : ''· 6 No. 16695 GOVERNMENT GAZEITE, 21 SEPTEMBER 1995 Act No. 53, 1995 AUDIT MATIERS RATIONALIS~TION AND A~~NDMENT ACT, 1995 · that ·person was in the service • of an audit office shall be continued and concluded as if the person concerned had been in the service'ofthe Office at the time of the alleged misconduct; . . , (g) any investigation or actioninstituted or being considered or which could have been instituted before the relevant effective date against such a person in terms '.of the provisions of. any law in respect of alleged incompetence or inability , shall be continued and concluded as if the person concerned had been in.the , service of. the .Office when the. alleged incompetence or ,inability became ·; .. .. ::·.: .. .;: . ! (3) lbe .Public Sei)Vice Act,. J 994, sllall c9.n~inue to apply t9 p~~sons .in the servi<~e, 9f 10 an audit office who do not make the election contemplated in subsecti9~ (! ). ,. , ; ., •· .. _. , . . ' • ,apparent . . . '. , .. ·., . . _,, _, ·····> .. ,, , .· .: ·- .. . ,. ').. 5 .~ . ' " ' ' ' ' -• - ._ ; ' •. ' •• -. _; - -_-: . ; . . ' .• I •• I ·' . . - . .- ; " ( ;._ .'·_ . • ·, ' _; . ; . 5. (1) The Board. shall~ hi orcter to effect the'niiionalisation· of the Office, iri addition to' any powers assig.ned to it in. terms of the Audit Arrangements Act, have the power to inake recommendations; give' direetio'ns and conduct enquiries in order to' establish .15 uniforffiity' as regards the'temis' arid cond:itions of e'mploymeht of the persons employed -" :" bytheOffice. (2) In order to exercise the powers granted to it by subsection (1), the Board may:..!..:... ._ ...... , . . ·· · · ' · .. ·· ·~·,.,.. •,.. ,;, .: ·· ·· ; f: ; . ~· ~-- ) : j ,. I ' . j I' ' ~i' (a) determine classes, groups and job descriptions of posts; and (b) determine the terms and conditions of employment generally: wllich;_shall 20 apply uniformly to each such class or group of posts. (3) In determining the terms and conditions of employmen~ generally applicable to a class. or:gro1:1p of persons etpployed _by .the. Qffice, the,Board. sqall properly take,intq account the percentage. of persons in a particul~ cl3:ss. or.,group to which ,a partic.lllar term or condition of service is applicable. 25 · .· : :.cL (4) When uniformity of the terms and conditions of employment of a class or group has been established on the recommendation' or by direction of the Board; rio person belonging to such a class or group shall, subject to subsections (5) and (6), have the right to retain a term or condition of employment which. is more favourable thimsudi uniform termorconditioriofemployment' · ·-·· · · ,. : ·. : : ·· ....• :. · ;;· .. ; (, (5) If a contract entered into between a person contemplated in section 4(1) and an - institution referred to in· section 236( I) of the Constitution before the relev'ant· effetti ve date contains special terms and conditions of employment applicable only to that person, which , are more · favourable than the . applicable . uniform . terms :and conditions of employment in the Office, the Board may not recommend or direct that such ·special 35 terms and conditions. of_ employment be changed without the consent of the person concerned, notwithstanding subsection (4). ; ,. (6) Notwithstanding su.bsection ( 4), the Board may recommend or direc.t.t)lat a person ()r .classor group of persons retain in full or.in Pll11 a particul~qermor condition of employment that is more favourable than the uniform teim or condition of employment 40 ~pplica.ble .~o ,the. rele~ant class ,or: group of personnel of the. Offi..c~' if. ~~er,~. are special . , . circumstances which justify such dispensation: Provided that any ,such retention of a more favourable : terjll _ or condition of employment shit! I noi c~ntinue- for more than twelve months after the date o(such recommendation 'or direction. ... 30 · , · : • ." : , ; • \ . • . ; • • : o • - l : i · ; ' ' ' · • - .'. I J . ; ! : l _ : ' <. _./ I - · , , t -~ • 4 ' t ~ , 1 ~ .. . - . : , ·, ! ' : , . ·' ; .• ' , f ,. · 1)-~sltional provisions '· · • • ; • • •• 0 • ; ~ . - • _.. : ~ ~ \ ' . ,·, 45 6. (I) Unle~s it would in any particular case obviously be i~~pp~opriat~: having regard to the objects of this Act, with effect from the relevant effective date any reference in any hiw to an auditor-genenil shill! be cons'trued as a reference to the' Auditor-General. ' . (2} Any' au.dit that ~as tO be earned out by an auditor-gener~l in' terms of a law mentioned in the Schedule shall, as from the relevimt effective date~' be earned out by the 50 ·· ' f\uditor~9eneral. , · ~.··: ,' ' , · . . · . : · .. · · . . . , . · ' ' (3} Any audit, enquiry, investigation or other pending' proceedings commenced in terms of any law. repe!lled by section 7 shall be .continued and conCluded .as if i~ 9~ they ~ad been,co~me'~cedafte'r,.t~erepeal of.thapaw . . · · . ·.(~).Anyirrecoverable portion of:the expenditure. related to ' the employ_ment of a person who' eJects io serve in' the Office iri terms o'f'section 4(1}, as determined by the . ·,.. . , . 1 ,· . · , · . " ' • . J- . 1SS 8 No. 16695 GOVERNMENT GAZETTE, 21 SEPTEMBER 1995 Act No. 53, 1995 AUDIT MATIE~S RATION,ALI_SATION AND AMENDMENT ACT, 1995 Auditor-General in consultation with the Audit Commission, shall be defrayed from a vote designated by the Director-General: State Expenditure. , . ~ I ' . ." : , . ~ . .• ., '. : • ~. Repeal of laws. ,._, :, ' '' • , ' · , ; ·, I ''· The laws mentioned in the Schedule are hereby repealed with effect from the relevant effective dates to the extent indicated in the third column of the Schedule. 5 ' . -· : i . : ~ .·. ; .. "· , J ' ... Application of Act 122 of 1992 throughout Republic · · ·