Public Service Amendment Act

1. The following section is hereby substituted for section 1 of the Public Service Act, 1994 (in this Act referred to as the principal Act): "Definitions

1. In this Act, unless the context otherwise indicates— 'accounting officer' means an accounting officer as defined in section 1 of the Public Finance Management Act; 'calendar month' means a period extending from a day in one month to a day preceding the day corresponding numerically to that day in the following month, both days inclusive; 'collective agreement' means a collective agreement referred to in section 5(4); 'Commission' means the Public Service Commission established by section 196(1) of the Constitution; 'Commission Act' means the Public Service Commission Act, 1997 (Act No. 46 of 1997); 'Constitution' means the Constitution of the Republic of South Africa, 1996; 'days' means any days other than Saturdays, Sundays or public holidays as defined in the Public Holidays Act, 1994 (Act No. 36 of 1994); 'department' means a national department, a national government component, the Office of a Premier, a provincial department or a provincial government component; 'educator' means an educator as defined in section 1 of the Employment of Educators Act, 1998 (Act No. 76 of 1998); 'electronic government' means the use of information and commu nication technologies in the public service to improve its internal functioning and to render services to the public; 'employee' means a person contemplated in section 8, but excludes a person appointed in terms of section 12A; 'employment practice' includes— (a) recruitment procedures, advertising and selection criteria; (b) appointment and the appointment process; (c) job and occupational classification and grading; (d) remuneration and other conditions of service; (e) job assignments; (f) (g) work facilities; (h) (i) employee performance management systems and prac training and development; the working environment; tices; transfer and secondment; (j) (k) discipline; (I) management of poor performance and ill health; (m) termination of employment; Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 'establishment' means the posts which have been created for the normal and regular requirements of a department; 'executive authority', in relation to— (a) the Presidency or a national government component within the President's portfolio, means the President; (b) a national department or national government component within a Cabinet portfolio, means the Minister respon sible for such portfolio; the Office of the Commission, means the Chairperson of the Commission; the Office of a Premier or a provincial government component within a Premier's portfolio, means the Premier of that province; and (d) (c) (e) a provincial department or a provincial government component within an Executive Council portfolio, means the member of the Executive Council responsible for such portfolio; 'functionary' means any person upon whom a power is conferred or a duty is imposed by this Act; 'government component' means a national government component or a provincial government component; 'gratification' means gratification as defined in section 1 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004); 'head of department', 'head of a department' or 'head of the department' means the incumbent of a post mentioned in Column 2 of Schedule 1, 2 or 3 and includes any employee acting in such post; 'Labour Relations Act' means the Labour Relations Act, 1995 (Act No. 66 of 1995); 'member of the Intelligence Services' means a member of— (a) (b) (c) the National Intelligence Agency appointed, or deemed to have been appointed, in terms of the Intelligence Services Act, 2002 (Act No. 65 of 2002); the South African National Academy of Intelligence appointed, or deemed to have been appointed, in terms of that Act; or the South African Secret Service appointed, or deemed to have been appointed, in terms of that Act; 'member of the services' means a member of— (a) (b) (c) the Regular Force of the South African National Defence Force appointed, or deemed to have been appointed, in terms of the Defence Act, 2002 (Act No. 42 of 2002); the South African Police Service appointed, or deemed to have been appointed, in terms of the South African Police Service Act, 1995 (Act No. 68 of 1995); or the Department of Correctional Services appointed, or deemed to have been appointed, in terms of the Correc tional Services Act, 1998 (Act No. 1 l l of 1998); 'Minister' means the Minister for the Public Service and Administra tion; 'month' means a period extending from the first to the last day, both days inclusive, of any one of the 12 months of a year; 'national department' means a national department referred to in section 7(2); 'national government component' means a national government component referred to in section 7(2); 'Office of a Premier' means the Office of a Premier referred to in section 7(2); 'organ of state' means an organ of state as defined in section 239 of the Constitution; 'post' means a post on the establishment for which financial provision exists; 'prescribed' means prescribed by regulation; Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 'principal department', in relation to a national or provincial government component, means the department listed in column 3 in Part A or B of Schedule 3; 'provincial department' means a provincial department referred to in section 7(2); 'provincial government component' means a provincial government component referred to in section 7(2); 'Public Finance Management Act' means the Public Finance Management Act, 1999 (Act No. 1 of 1999); 'public service' means the public service contemplated in section 8; 'regulation' means a regulation made in terms of section 41; 'revenue' means the National Revenue Fund established by section 213(1) of the Constitution or, in relation to any province, the relevant Provincial Revenue Fund established by section 226(1) of the Constitution, as the case may be; 'salary level' means a set of salaries; 'salary scale' means a set of salary levels from a minimum to a maximum; 'this Act' includes the regulations, determinations, deemed determi nations contemplated in section 5(6) and directives made in terms of this Act.". Amendment of section 2 of Act promulgated under Proclamation 103 of 1994, as amended by section 32 of Act 38 of 1994, section 2 of Act 47 of 1997, section 40 of Act 65 of 2002 and section 25 of Act 52 of 2003

2. Section 2 of the principal Act is hereby amended— (a) by the substitution for subsection (2) of the following subsection: "(2) Where [persons employed in] members of the services, [or state educational institutions] educators or members of the Intelligence Services are not excluded from the provisions of this Act, those provisions shall, subject to subsection (2A), apply only in so far as they are not contrary to the laws governing their employment."; (b) by the insertion after subsection (2) of the following subsection: "(2A) (a) Subject to the Labour Relations Act and any collective agreement, the determination of any conditions of service for— (i) employees in general or a particular category in terms of this Act; and (ii) educators or members of the services in general or for a particular category in terms of the laws governing their employment, shall be made with the concurrence of a committee of Ministers. (b) For the purposes of paragraph (a)— (i) 'conditions of service' means annual salary adjustments, salary scales or levels, performance bonuses, pay incentives or pension benefits; and (ii) the committee of Ministers shall consist of the Minister, the Minister of Finance and the Ministers responsible for the educators and the members of the services and such other Ministers as the Cabinet may designate (if any), and shall function the same as a committee of the Cabinet. (2B) The provisions of this Act regarding the conditions of service and other employment practices of a head of department only apply to a head of department appointed in terms of the Constitution to the extent that the subject-matter of such provisions are not provided for in any other law governing his or her employment or his or her contract of employment."; (c) by the deletion of subsections (3) and (5). Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 Substitution of section 3 of Act promulgated under Proclamation 103 of 1994, as substituted by section 3 of Act 47 of 1997 and amended by section 2 of Act 86 of 1998

3. The following section is hereby substituted for section 3 of the principal Act: "Functions of Minister and executive authorities 3. (1) The Minister is responsible for establishing norms and standards relating to— (a) (b) (c) the functions of the public service; the organisational structures and establishments of departments and other organisational and governance arrangements in the public service; the conditions of service and other employment practices for employees; labour relations in the public service; information management in the public service; (d) (e) health and wellness of employees; (f) (g) electronic government; (h) (i) integrity, ethics, conduct and anti-corruption in the public service; and transformation, reform, innovation and any other matter to improve the effectiveness and efficiency of the public service and its service delivery to the public. (2) The Minister shall give effect to subsection (1) by making regulations, determinations and directives, and by performing any other acts provided for in this Act. (3) (a) The Minister may, by regulation, establish one or more bodies consisting of prescribed employees or other persons or both such employees and persons to serve as a consultative body for, or an advisory body to, the Minister on any matter referred to in subsection (1). (b) Provision for representation on any such body by organised labour and other stakeholders shall, where appropriate, be prescribed. (c) The functions and procedures of such body, the remuneration (if any) of its members and any matter necessary to be regulated for its effective or efficient functioning may be prescribed. (4) The Minister may— (a) for the purposes of section 7(5), advise the President regarding the establishment or abolition of any department, the designation of any such department and the head thereof or the amendment of such designation; (b) after consultation with the relevant executive authority or executive authorities, as the case may be, make determinations regarding— (i) (ii) the allocation of any function to, or the abolition of any function of, any national department or national government component; or the transfer of any function from one national department or national government component to another or from a national department to a national government component or any other body or from a national government component to a national department or any other body or from any other body to a national department or national government component; in consultation with the Premier of the province concerned, make determinations regarding— (i) (ii) the allocation of any function to, or the abolition of any function of, the Office of the Premier, provincial department or provincial government component; or the transfer of any function from— (c) Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (aa) (bb) the Office of the Premier, provincial department or provincial government component of a province to the Office of the Premier, provincial department or provin cial government component of another province; the Office of the Premier, provincial department or provincial government component to a national depart ment or any body established by or under any law, other than a provincial law; or (cc) a national department or such other body to the Office of the Premier, provincial department or provincial govern ment component. (5) (a) Subject to the Labour Relations Act and any collective agreement, the Minister may make determinations regarding any conditions of service of employees generally or categories of employees, including determina tions regarding a salary scale for all employees or salary scales for particular categories of employees and allowances for particular categories of employees. (b) A determination involving expenditure from revenue shall be made in consultation with the Minister of Finance. (6) (a) If so requested by the President or an executive authority, the Minister may advise, or assist in such manner or on such conditions as the Minister may determine, the President or the relevant executive authority as to any matter relating to— (i) the public service; (ii) any staffing arrangements or employment practice regarding any (iii) organ of state; or the remuneration or other conditions of appointment of the office bearers of any board, institution or body. (b) For the purposes of paragraph (a), the Minister, or any person authorised in writing by the Minister, has access to such official documents and may obtain such information from the chairperson or head of the relevant board, institution or body as may be necessary to advise or assist the President or the relevant executive authority. (7) An executive authority has all those powers and duties necessary for— (a) (b) the internal organisation of the department concerned, including its organisational structure and establishment, the transfer of functions within that department, human resources planning, the creation and abolition of posts and provision for the employment of persons additional to the fixed establishment; and the recruitment, appointment, performance management, transfer, dismissal and other career incidents of employees of that department, including any other matter which relates to such employees in their individual capacities, and such powers and duties shall be exercised or performed by the executive authority in accordance with this Act. (8) (a) The relevant executive authority may, subject to paragraphs (b) and (c), perform any act in connection with any matter which relates to or arises from the employment or the conditions of service of a person formerly employed in the public service whilst he or she was so employed in the department concerned. (b) An executive authority may only so perform an act if he or she 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 employee. (c) No such act shall be to the detriment of the person concerned, and the relevant executive authority shall not perform any such act in respect of any such person after the expiry of a period of three years after he or she ceased to be so employed. (d) On request of the relevant executive authority and on good cause shown, the Minister may in respect of a particular person extend the period of three years with such period as the Minister considers appropriate.". Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 Substitution of section 3A of Act promulgated under Proclamation 103 of 1994, as inserted by section 3 of Act 86 of 1998

4. The following section is hereby substituted for section 3A of the principal Act: "Functions of Premiers

3A. The Premier of a province may, in the province concerned— (a) subject to [the provisions of] section 7(5)[,] to (7)— (i) establish or abolish any provincial department [of the provin cial administration concerned], designate such department and the head thereof or amend any such designation; (ii) after consultation with the Minister and the Minister of Finance establish or abolish any provincial government component or establish an existing body as a provincial government component, designate such component and the head thereof and designate the Office of the Premier or a provincial department as its principal provincial department or amend any such designation; and (b) make determinations regarding the allocation of any function to, or the abolition of any function of, any [office or] department [of the provincial administration] or government component in the prov ince concerned or the transfer of any function from [one] such [office or] department or component to another department or component in the province or from such office, [or] department or component to any body established by or under any law of the provincial legislature or from any such body to such office, [or] department or component.". Repeal of section 3B of Act promulgated under Proclamation 103 of 1994

5. Section 3B of the principal Act is hereby repealed. Substitution of section 4 of Act promulgated under Proclamation 103 of 1994, as substituted by section 3 of Act 47 of 1997

6. The following section is hereby substituted for section 4 of the principal Act: "Training institution 4. (1) There shall be a training institution listed as a national department in Schedule 1. (2) The management and administration of such institution shall be under the control of the Minister. (3) Such institution— (a) shall provide such training or cause such training to be provided or conduct such examinations or tests or cause such examinations or tests to be conducted as the Head of the institute may with the approval of the Minister decide or as may be prescribed as a qualification for the appointment 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.". Amendment of section 5 of Act promulgated under Proclamation 103 of 1994, as substituted by section 3 of Act 47 of 1997

7. Section 5 of the principal Act is hereby amended— (a) by the substitution for subsections (1) to (4) of the following subsections, respectively: "(1) For the purposes of this section the term 'act' means the making of any regulation, the making of any determination, the issuing of any directive or the taking of any decision. Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (2) A determination or directive, or any withdrawal or amendment thereof, made or issued by the Minister in terms of this Act shall take effect on the date of the written communication conveying the making of the determination, the issuing of the directive or the withdrawal or amendment thereof, unless expressly stated otherwise in that communi cation, determination or directive. (3) Any act by the Minister in terms of this Act which relates to all employees, a category of employees or a particular employee may be effected retrospectively if— (a) circumstances exist which justify such retrospective effect; (b) and the act is not to the detriment of the employee or employees concerned. (4) Any act by any functionary in terms of this Act may not be contrary to the provisions of— (a) any collective agreement contemplated in item 15(7) of Schedule 7 to the Labour Relations Act; or (b) 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."; (b) by the substitution in subsection (5) for the words preceding paragraph (a) of the following words: "Notwithstanding [the provisions of] subsection (4), but subject to the Labour Relations Act—"; (c) by the deletion in subsection (5) of paragraph (a); and (d) by the addition of the following subsections: "(6) (a) Any provision of a collective agreement contemplated in subsection (4), concluded on or after the commencement of the Public Service Amendment Act, 2007, shall, in respect of conditions of service of employees appointed in terms of this Act, be deemed to be a determination made by the Minister in terms of section 3(5). (b) The Minister may, for the proper implementation of the collective agreement, elucidate or supplement such determination by means of a directive, provided that the directive is not in conflict with or does not derogate from the terms of the agreement. (7) (a) A functionary shall correct any action or omission purportedly made in terms of this Act by that functionary, if the action or omission was based on an error of fact or law or fraud and it is in the public interest to correct the action or omission. (b) The relevant executive authority shall in the prescribed manner keep record of and report to the Minister any correction by a functionary of a department within the portfolio of that executive authority. (8) (a) The Commission may investigate compliance with this Act and may issue directions contemplated in section 196(4)(d) of the Constitu tion in order to ensure compliance with this Act and in order to provide advice to promote sound public administration. (b) If the Commission issues a direction contemplated in paragraph (a), the relevant executive authority or head of department, as the case may be, shall implement the direction as soon as possible after receipt of the written communication conveying the direction but, in any event, within 60 days after the date of such receipt.". Act No. 30,2007 PUBLIC SERVICE AMENDMENT ACT, 2007 Substitution of section 6 of Act promulgated under Proclamation 103 of 1994, as substituted by section 3 of Act 47 of 1997

8. The following section is hereby substituted for section 6 of the principal Act: "Access to documents and information by Minister 6. (1) The Minister, or any person authorised in writing by the Minister, has access to such official documents or may obtain such information from [heads of department or from officers or] executive authorities and employees in the public service [of those departments] as may be necessary for the performance of his or her functions under this Act or any other law. (2) Any employee who wilfully or in a grossly negligent manner fails to furnish documents or information as contemplated in subsection (1) or section 3(6)(b), shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment not exceeding 12 months.". Amendment of section 7 of Act promulgated under Proclamation 103 of 1994, as amended by section 4 of Act 47 of 1997 and section 4 of Act 86 of 1998

9. Section 7 of the principal Act is hereby amended— (a) by the substitution for subsection (2) of the following subsection: "(2) For the purposes of the administration of the public service there shall be— (a) national departments and Offices of the Premier mentioned in column 1 of Schedule 1; (b) provincial departments mentioned in column 1 of Schedule 2; (c) national government components mentioned in column 1 of Part A of Schedule 3; and (d) provincial government components mentioned in column 1 of Part B of Schedule 3.". (b) by the substitution in subsection (3) for paragraph (a) of the following paragraph: "(a) Each department shall have a head [of department] who [as an officer] shall be the incumbent of the post on the [fixed] establishment bearing the designation mentioned in [the second] column 2 of Schedule [1 or 2] 1, 2 or 3 opposite the name of the relevant department or component, or the [officer] employee who is acting in that post."; (c) by the substitution in subsection (3) for paragraphs (c) and (d) of the following paragraphs, respectively: "(c) In addition to any power or duty entrusted or assigned by or under this Act or any other law to the head of [a provincial administration] the Office of a Premier, the said head shall— (i) be the Secretary to the Executive Council of the province concerned; (ii) subject to [the provisions of] sections 85(2)(c) and 125(2)(e) of the Constitution, be responsible for intergovernmental relations on an administrative level between the relevant [provincial administration] province and other [provincial administra tions] provinces as well as national departments and national government components and for the intra-governmental co operation between the relevant [provincial administration] Office of the Premier and [its] the various provincial departments and provincial government components, including the co ordination of their actions and legislation; and (iii) subject to [the provisions of] paragraph (d), be responsible for the giving of strategic direction on any matter referred to in section [3(2)(a)] 3(1). (d) The head of [a provincial administration] the Office of a Premier shall in respect of a provincial department of the relevant province exercise no power or perform no duty which is entrusted or assigned by or under this Act or any other law to the head of the provincial department."; Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (d) by the deletion in subsection (3) of paragraph (e); (e) by the deletion of subsection (4); (f) by the substitution for subsection (5) of the following subsections: "(5) Subject to section 7Aand the principles contained in section 195 of the Constitution, the President may by proclamation in the Gazette— (a) on the advice of the Minister amend Schedule 1 so as to establish or abolish any national department, designate such department and the head thereof or amend any such designa tion; or (b) at the request of the Premier of a province amend Schedule 2 so as to reflect the establishment, abolition, designation or amendment in respect of any provincial department contem plated in section 3A(a)(i); (c) at the request of the relevant executive authority and on the advice of the Minister and the Minister of Finance amend Part A of Schedule 3 so as to establish or abolish any national government component or establish an existing body as such a component or designate any such component and the head and principal department thereof or amend any such designation; or (d) at the request of the Premier of a province amend Part B of Schedule 3 so as to reflect the establishment, abolition, designation or amendment in respect of a provincial govern ment component contemplated in section 3A(a)(ii). (6) The President shall give effect to any request referred to in subsection (5)(b) or (d) if the President is satisfied that it is consistent with the provisions of the Constitution, this Act and any other applicable law. (7) Only the head of a national department and the Office of a Premier may bear the designation of 'Director-General'.". Insertion of sections 7A and 7B in Act promulgated under Proclamation 103 of 1994

10. The following sections are hereby inserted in the principal Act after section 7: "Government components 7A. (1) An executive authority may only request the establishment of a government component in terms of section 7(5)(c) or (d) if the prescribed feasibility study is conducted and its findings recommend the establishment of such component. (2) Subject to subsection (3), the head of a government component, established in terms of section 7(5)(c) or (d), may have any one or more of the following powers or duties or both such powers and duties: (a) Powers conferred, or duties imposed, by national or provincial legislation; (b) powers or duties assigned in terms of subsection (5) or other legislation; (c) powers or duties delegated in terms of subsection (6) or other legislation; and (d) functions allocated or transferred in terms of section 3(4)(b) or (c). (3) No power, duty or function regarding the realisation of a right contemplated in section 26, 27, 28 or 29 of the Constitution and other prescribed powers, duties and functions, may be assigned or delegated, allocated or transferred in terms of subsection (2)(b), (c) or (d). (4) For each government component, the relevant executive authority, after consultation with the Minister and the Minister of Finance, and by notice in the Gazette— (a) shall list— (i) the relevant provisions of legislation which confer powers, and impose duties, on the head of the component; and Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (ii) a reference to each notice regarding assigned powers and duties of the head of the component contemplated in subsection (5); (b) may list the delegated powers and duties of the head of the component contemplated in subsection (6); (c) shall, subject to applicable legislation, determine the reporting requirements to the head of the principal department to enable that head to advise the relevant executive authority on the oversight of the component on policy implementation, performance, integrated plan ning, budgeting and service delivery (insofar as applicable); (d) may include any administrative or operational matter relating to the component, including the sharing of internal services with the principal department; (e) may establish an advisory board without executive functions for the component and determine the board's composition, appointment procedure and remuneration and all matters required for its effective and efficient functioning; and (f) may include any other matter necessary for the effective and efficient functioning of the component. (5) (a) Notwithstanding anything to the contrary in any other law, but subject to subsection (3), the executive authority of a government component may assign to the head of that component any power conferred, or duty imposed, on— (i) that executive authority (except the making of regulations) by national legislation; or (ii) any official of the principal department of that component by national legislation. (b) Such assignment is subject to— (i) (ii) if the executive authority is not the Minister responsible for the administration of the national legislation in question (in this section referred to as 'the responsible Minister'), consultation with that Minister; the approval of Parliament of the intended notice as contemplated in this subsection; and (iii) publication by notice in the Gazette. (c) The notice shall stipulate— (i) (ii) (iii) the powers and duties to be assigned in terms thereof; the effective date of the assignment; and the conditions that the executive authority considers appropriate. (d) The responsible Minister shall table the notice in Parliament for approval. (e) Parliament may reject the notice within 90 days after it has been tabled, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 45 days after the commencement of its next ensuing ordinary session. (f) If Parliament rejects such notice, the responsible Minister may table an amended notice in Parliament. (g) If the responsible Minister tables an amended notice and Parlia ment— (i) approves the amended notice, the responsible Minister must publish that notice in terms of paragraph (b)(iii) within 30 days of the Parliament's approval; or (ii) rejects the amended notice within 90 days after it has been tabled, if Parliament is then in ordinary session, or, if Parliament is not then in ordinary session, within 45 days after the commencement of its next ensuing ordinary session, paragraph (f) and this paragraph apply. Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (h) If Parliament does not reject a notice as contemplated in paragraph (e) or (g)(ii)— (i) such notice shall be deemed to have been approved by Parliament; and (ii) the responsible Minister must publish the notice in terms of paragraph (b)(iii) within 30 days after the periods referred to in paragraph (e) or (g)(ii), as the case may be. (i) A notice may at any time in like manner be amended or withdrawn. (j) Any assignment in terms of this subsection shall divest the person whom was vested with the assigned power or duty. (6) Notwithstanding anything to the contrary in any other law, the executive authority of a government component or the head of the principal department of that component may, except a power or duty to make regulations— (a) delegate to the head of the component any power conferred on that executive authority or head of the principal department by this Act or any other national legislation; or (b) authorise the head of the component to perform any duty imposed on the executive authority or head of the principal department by this Act or any other national legislation. (7) The head of a government component may— (a) delegate to an employee of the component any power assigned or delegated to that head in terms of subsection (5) or (6)(a); or (b) authorise an employee of the component to perform any duty assigned to that head in terms of subsection (5) or any duty that that head is authorised to perform in terms of subsection (6)(b). (8) Any delegation of a power or authorisation to perform a duty in terms of subsection (6) or (7)— (a) shall be subject to the conditions the person who made the delegation or granted the authorisation considers appropriate; (b) shall be in writing; (c) does not prevent the person who made the delegation or granted the authorisation from exercising that power or performing that duty himself or herself; and (d) may at any time be withdrawn in writing by that person. (9) Nothing in this Act prevents the assignment or delegation of powers or duties to the head of a provincial government component in accordance with provincial legislation of the province in question. Specialised service delivery unit within department 7B. (1) (a) An executive authority of— (i) a national department may, in consultation with the Minister; (ii) the Office of the Premier may, after consultation with the Minister; or (iii) a provincial department may, in consultation with the Premier and after consultation with the Minister, establish or abolish a special service delivery institution within that department or Office and designate any such unit and the head thereof, or amend any such designation. (b) The Minister shall by notice in the Gazette give effect to such establishment, abolition, designation or amendment. (2) An executive authority may only request the establishment of a unit if the prescribed feasibility study is conducted and the outcome thereof recommends its establishment. Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (3) The head of a unit may have any one or more of the following powers or duties or both such powers and duties: (a) Powers conferred, or duties imposed, by national or provincial legislation; (b) powers or duties assigned in terms of subsection (5) or other legislation; (c) powers or duties delegated in terms of subsection (6) or other legislation; and (d) functions allocated or transferred in terms of section 3(4)(b) or (c). (4) The relevant executive authority shall approve a protocol for each unit which— (a) shall list— (i) the relevant provisions of legislation which confer powers, and impose duties, on the head of the unit; and (ii) a reference to each notice regarding assigned powers and duties of the head of the unit, contemplated in subsection (5); (b) may list the delegated powers and duties of the head of the unit contemplated in subsection (6), (7) or (10); (c) shall, subject to applicable legislation determine the reporting requirements to the head of the department, including, but not limited, to enabling that head to advise the relevant executive authority on the oversight of the unit on policy implementation, performance, inte grated planning, budgeting and service delivery (insofar as appli cable); (d) may include any administrative or operational matter relating to the unit, including the sharing of internal services of the department; (e) may establish an advisory board without executive functions for the unit and determine the board's composition, appointment procedure and remuneration and all matters required for its effective and efficient functioning; and (f) may include any other matter necessary for the effective and efficient functioning of the unit. (5) Notwithstanding anything to the contrary in any other law, section 7A(5) applies with the changes required by the context to the assignment by the executive authority of a department to the head of the unit of any power conferred, or duty imposed, on— (a) that executive authority (except the making of regulations) by national legislation; or (b) any official of the department by national legislation. (6) Notwithstanding anything to the contrary in any other law, the executive authority or the head of a department may, except a power or duty to make regulations— (a) delegate to the head of a unit in the department any power conferred on that executive authority or head of the department by national legislation (other than this Act and the Public Finance Management Act); or (b) authorise the head of the unit to perform any duty imposed on the executive authority or head of the department by national legislation (other than this Act and the Public Finance Management Act). (7) Notwithstanding section 42A, the executive authority or the head of a department may, in respect of a unit— (a) delegate a power conferred on the executive authority or the head by this Act in respect of a unit, only to the head of that unit; or (b) only authorise the head of that unit to perform a duty imposed on the executive authority or the head of the department by this Act. (8) The head of a unit may— Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (a) delegate to an employee of the unit any power assigned or delegated to that head in terms of subsection (5), (6)(a) or (l)(a); or (b) authorise an employee of the unit to perform any duty assigned to that head in terms of subsection (5) or any duty that that head is authorised to perform in terms of subsection (6)(b) or (7)(b). (9) Any delegation of a power or authorisation to perform a duty in terms of subsection (6), (7) or (8)— (a) shall be subject to the conditions the person who made the delegation or granted the authorisation considers appropriate; (b) shall be in writing; (c) does not prevent the person who made the delegation or granted the authorisation from exercising that power or performing that duty himself or herself; and (d) may at any time be withdrawn in writing by that person. (10) (a) Subject to the approval of the relevant Treasury, as defined in section 1 of the Public Finance Management Act, the accounting officer of a department shall— (i) delegate all powers conferred by that Act and any regulations and instructions made or issued thereunder, on that accounting officer in respect of a unit in that department to the head of that unit; (ii) authorise the head of a unit to perform all duties imposed by that Act and any regulations and instructions made or issued thereunder, on that accounting officer in respect of the unit in that department. (b) Any such delegation or authorisation shall be subject to section 44(2) and (3) of the Public Finance Management Act, except that the delegation or authorisation may only be revoked under such circumstances as determined by treasury regulations or instructions made or issued in terms of section 76 of the Public Finance Management Act, read with this section. (c) The head of the unit may, subject to section 44(2) and (3) of the Public Finance Management Act— (i) delegate any power, delegated to the head in terms of paragraph (a), to an employee in the unit; (ii) instruct an employee in the unit to perform a duty that the head is authorised to perform in terms paragraph (a). (d) Accountability for the compulsory delegations and authorisations contemplated in paragraph (a) shall be as determined by treasury regulations or instructions made or issued in terms of section 76 of the Public Finance Management Act, read with this section. (11) Nothing in this Act prevents the assignment or delegation of powers or duties to the head of a unit in the Office of a Premier or a provincial department in accordance with provincial legislation of the province in question.". Substitution of section 8 of Act promulgated under Proclamation 103 of 1994, as amended by section 32 of Act 38 of 1994, section 5 of Act 47 of 1997, section 40 of Act 65 of 2002 and section 25 of Act 52 of 2003

11. The following section is hereby substituted for section 8 of the principal Act: "Composition of public service 8. (1) The public service shall consist of persons who are employed— in posts on the establishment of departments; and (a) (b) additional to the establishment of departments. (2) Subject to the prescribed conditions, any person referred to in subsection (1) may be employed permanently or temporarily and in a full-time or part-time capacity. (3) For the purpose of this Act, in relation to employment— Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (a) (b) the word 'permanently' or 'permanent', in respect of an employee, means an employee to whom a retirement age referred to in section 16 applies; and the word 'temporarily' or 'temporary', in respect of an employee, means not permanently employed.". Substitution of heading to Chapter IV

12. The following heading is hereby substituted for the heading to Chapter IV of the principal Act: CHAPTER IV EMPLOYMENT IN PUBLIC SERVICE ", Insertion of section 8A in Act promulgated under Proclamation 103 of 1994

13. The following section is hereby inserted in Chapter IV of the principal Act before section 9: "Mechanisms for obtaining services of persons

8A. Services of persons may be obtained in terms of this Act by means of— (a) appointments in terms of section 9, including appointments of heads of department in terms of section 12; (b) appointments in terms of section 12A on grounds of policy consider ations; or (c) deployments in the form of— (i) transfers in terms of section 14, including transfers of heads of department in terms of section 12(3); secondments in terms of section 15; and (ii) (iii) assignments in terms of section 32,", Substitution of section 9 of Act promulgated under Proclamation 103 of 1994, as substituted by section 6 of Act 47 of 1997

14. The following section is hereby substituted for section 9 of the principal Act: "Appointments in public service

9. An executive authority may appoint any person in his or her department in accordance with this Act and in such manner and on such conditions as may be prescribed.". Amendment of section 10 of Act promulgated under Proclamation 103 of 1994, as amended by section 7 of Act 47 of 1997

15. Section 10 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: "[(1)] No person shall be appointed permanently [or be transferred and appointed permanently under section 15(1)], whether on proba tion or not, to any post [in the A or B division] on the establishment in a department unless he or she— (a) (b) (c) is a South African citizen or permanent resident; and is [of good character; and in so far as his or her condition of health is concerned, complies with such requirements as may be prescribed.] a fit and proper person,"; and (b) by the deletion of subsection (2). Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 Amendment of section 11 of Act promulgated under Proclamation 103 of 1994, as substituted by section 8 of Act 47 of 1997

16. Section 11 of the principal Act is hereby amended— (a) by the substitution for subsection (2) of the following subsection: "(2) In the making of any appointment [or the filling of any post] in terms of section 9 in the public service— (b) (a) all persons who applied and qualify for the appointment [transfer or promotion] concerned shall be considered; and the evaluation of persons shall be based on training, skills, competence, knowledge and the need to redress, in accordance with the Employment Equity Act, 1998 (Act No. 55 of 1998), the imbalances of the past to achieve a public service broadly representative of the South African people, including represen tation according to race, gender and disability."; and (b) by the deletion of subsection (3). Substitution of section 12 of Act promulgated under Proclamation 103 of 1994, as substituted by section 9 of Act 47 of 1997 and amended by section 5 of Act 86 of 1998

17. The following section is hereby substituted for section 12 of the principal Act: "Appointment of heads of department and career incidents 12. (1) Notwithstanding anything to the contrary contained in this Act, but subject to this section and sections 2(2B) and 32(2)(b)(i), the appointment and other career incidents of the heads of department and government component shall be dealt with, in the case of— (a) a head of a national department or national government component, by the President; and (b) a head of the Office of a Premier, provincial department or provincial government component, by the relevant Premier. (2) (a) A person shall be appointed to the post of head of department in terms of section 9 for such term, not exceeding five years, as the relevant executive authority may approve. (b) The head of department shall conclude the prescribed contract within the prescribed period. (c) The relevant executive authority may at the expiry of the term of office of a head of department or at the expiry of an extended term of office extend the term for a period of not more than five years at a time. (3) (a) The President may transfer the head of a national department or national government component before or at the expiry of his or her term, or extended term, to perform functions in a similar or any other capacity in a national department or national government component in a post of equal, higher or lower grading, or additional to the establishment, as the President considers appropriate. (b) The Premier of a province may transfer the head of the Office of the Premier, a provincial department or a provincial government component before or at the expiry of his or her term, or extended term, to perform functions in a similar or any other capacity in the Office of the Premier, a provincial department or a provincial government component of the relevant province in a post of equal, higher or lower grading or additional to the establishment, as the Premier considers appropriate. (c) The President may, in consultation with the Premier or Premiers concerned, transfer before or at the expiry of his or her term, or extended term— (i) the head of a national department to perform functions in a similar or any other capacity in the Office of a Premier, a provincial department or a provincial government component; or Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (ii) the head of the Office of a Premier, a provincial department or a provincial government component, to perform functions in a similar or any other capacity in the Office of a Premier, a provincial department or provincial government component of another province or in a national department or national government component, in a post of equal, higher or lower grading or additional to the establishment, as the President, in consultation with the Premier or Premiers, considers appropriate. (d) A transfer in terms of this subsection may only occur if— the relevant head of department consents to the transfer; or (i) (ii) after due consideration of any representations by the head, the transfer is in the public interest. (e) Any person appointed as head of department or government component who is transferred in terms of this subsection— (i) during his or her term of office or extended term— (aa) shall for the unexpired portion of that term not suffer any reduction in salary and change of other conditions of service, unless he or she consents thereto; and to a higher post shall not by reason only of that transfer be entitled to the higher salary applicable to the higher post; and (bb) (ii) at the expiry of his or her term of office, or extended term, shall receive the salary and conditions of service attached to the capacity in which he or she is so transferred. (4) If it is in the public interest and it is allowed by a determination made in terms of section 3(5), an executive authority may, on the conditions provided for in such determination, grant a special service benefit to head of the relevant department before or at the expiry of his or her term of office or an extended term, or at the time of retirement or dismissal from the public service.". Amendment of section 12A of Act promulgated under Proclamation 103 of 1994, as inserted by section 6 of Act 86 of 1998

18. Section 12A of the principal Act is hereby amended by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: "Subject to [the provisions of] this section, [an executive authority] such executive authorities as the Cabinet may determine may appoint one or more persons under a [special] contract, whether in a full-time or part-time capacity—". Substitution of section 13 of Act promulgated under Proclamation 103 of 1994, as substituted by section 10 of Act 47 of 1997 and amended by section 7 of Act 86 of 1998

19. The following section is hereby substituted for section 13 of the principal Act: "Appointment on probation 13. (1) If so required by regulation, an executive authority shall appoint an employee on probation for such period as may be prescribed for the relevant category of employees. (2) After the completion of a probationary period contemplated in subsection (1) an executive authority shall confirm the probationary appointment if the employee concerned has— (a) performed at least satisfactorily during the period; and (b) complied with all the conditions to which his or her appointment was subject. Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (3) If the probationary appointment is not confirmed in terms of subsection (2), the executive authority may extend the period of probation or dismiss the employee in accordance with the Labour Relations Act.", Substitution of section 14 of Act promulgated under Proclamation 103 of 1994, as amended by section 32 of Act 38 of 1994, section 11 of Act 47 of 1997 and section 8 of Act 86 of 1998

20. The following section is hereby substituted for section 14 of the principal Act: "Transfers within public service 14. (1) Subject to subsections (2), (3) and (4), any employee of a department may be transferred— (a) within the department, by its executive authority; (b) to another department by the executive authorities of the two relevant departments. (2) Such transfer shall be made in such manner and on such conditions as may be prescribed. (a) (b) (3) An employee may be transferred under subsection (1) only if— the employee requests the transfer or consents to the transfer; or in the absence of such request or consent, after due consideration of any representations by the employee, the transfer is in the public interest. (4) Before employees may be transferred in terms of subsection (3)(b) as a result of a determination regarding an allocation, abolition or transfer of a function, contemplated in section 3(4)(b) or (c) or 3A(b), consultation shall take place in the applicable bargaining council established in terms of the Labour Relations Act for the public service as a whole or for a particular sector in the public service. (5) (a) The transfer of an employee in terms of subsection (1) who is on probation shall remain subject to probation as prescribed. (b) Any regulation so prescribed shall take due regard of the respective functions before and after the transfer to avoid detriment to the employee concerned. (6) An employee who has been transferred to a post with— (a) a lower salary than his or her salary before the transfer shall not upon such transfer suffer any reduction in salary, except if he or she requested the transfer or he or she consented to the reduction; or (b) a higher salary than his or her salary before the transfer shall not by reason only of that transfer be entitled to the higher salary.". Insertion of section 14A in Act promulgated under Proclamation 103 of 1994

21. The following section is hereby inserted in the principal Act after section 14: "Change in employment capacity

14A. An employee of a department who is appointed in terms of section 9 in another capacity in the same or another department, or transferred in terms of section 12(3)or 14, shall be deemed to continue employment in the public service without any break in service.". Substitution of section 15 of Act promulgated under Proclamation 103 of 1994, as substituted by section 12 of Act 47 of 1997

22. The following section is hereby substituted for section 15 of the principal Act: "Transfer and secondment from and to public service 15. (1) Any person who was employed by an organ of state immediately before he or she is appointed in terms of section 9 shall be deemed to be transferred to the public service in respect of such conditions of service and to such extent as the Minister may determine in terms of section 3(5). Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (2) If it is in the public interest and if the prescribed conditions (if any) have been complied with, the executive authority of a department may, with the approval of the employer concerned, approve the secondment of a person in the service of an organ of state, another government or any other body to the department— (a) for a particular service or period not exceeding the prescribed period (if any); and (b) on the prescribed conditions (if any) and such other conditions as agreed between the relevant functionary of the body concerned and the executive authority. 1 (3) (a) The executive authority of a department may second an employee of the department to another department, any other organ of state, another government or any other body— (i) for a particular service or period not exceeding the prescribed period (if any); and 1 (ii) on the prescribed conditions (if any) and such other conditions as agreed upon between the executive authority and the relevant functionary of the body concerned. (b) The secondment of an employee of a department may occur only if— (i) (ii) the employee requests, or consents to, the secondment; or in the absence of such request or consent, after due consider ation of any representations by the employee, the secondment is in the public interest. 2 (c) While on secondment, an employee remains subject to this Act and any other laws applicable to employees in the public service, except to the 1 extent otherwise agreed upon, as provided for in paragraph (a)(ii).". 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, section 1 of Act 67 of 1996, section 13 of Act 47 of 1997 and section 9 of Act 86 of 1998

23. Section 16 of the principal Act is hereby amended— (a) by the substitution in subsection (2)(b) for subparagraph (ii) of the following subparagraph: "(ii) if that notification is not given at least three calendar months prior to the date on which he or she attains the said age, be so retired on the first day of such month as the executive authority may approve, which day may not be before the date on which he or she attains the said age and not be later than the first day of the fourth month after the month in which the notification is received."; (b) by the substitution for subsection (3) of the following subsection: "(3) (a) Subject to [the provisions of] this section and the terms and conditions of a contract contemplated in section 12(2), an officer who occupies the office of head of department has the right to retire from the public service and he or she shall be so retired at the expiry of the term contemplated in that section [12(1) or (2)], or of any extended term contemplated therein, as the case may be. (b) If an [officer] employee so retires or is retired in terms of paragraph (a), he or she shall be deemed to have been [discharged] dismissed from the public service in terms of section 17{2)(b). "; : ' (c) by the substitution in subsection (5) for paragraph (a) of the following paragraph: (a) Subject to the terms and conditions of a contract contemplated in section 12 (2), an [executing] executive authority may, at the request of an [officer] employee occupying the office of head of department, allow him or her to retire from the public service before the expiry of the term contemplated in section [12 (1) or (2)] 12(2), or any extended term : contemplated therein, and notwithstanding the absence of any reason for [discharge] dismissal in terms of section 17(2) or the contract concluded Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 with the [officer] employee, as the case may be, if [a reason exists which the said authority deems] sufficient reason exists for the retirement."; and (d) by the substitution for subsection (6) of the following subsection: "(6) (a) An executive authority may, at the request of an employee, allow him or her to retire from the public service before reaching the age of 60 years, notwithstanding the absence of any reason for dismissal in terms of section 17(2), if sufficient reason exists for the retirement. (b) If an employee is allowed to so retire, he or she shall, notwithstanding anything to the contrary contained in subsection (4), be deemed to have retired in terms of that subsection, and he or she shall be entitled to such pension as he or she would have been entitled to if he or she had retired from the public service in terms of that subsection.". Insertion of sections 16A and 16B in Act promulgated under Proclamation 103 of 1994

24. The following sections are hereby inserted after section 16 of the principal Act: "Failure to comply with Act 16A. (1) An executive authority shall— (a) (b) immediately take appropriate disciplinary steps against a head of department who does not comply with a provision of this Act or a : regulation, determination or directive made thereunder; immediately report to the Minister the particulars of such non compliance; and (c) as soon as possible report to the Minister the particulars of the disciplinary steps taken. (2) A head of a department shall— (a) (b) immediately take appropriate disciplinary steps against an employee of the department who does not comply with a provision of this Act or a regulation, determination or directive made thereunder; immediately report to the Director-General: Public Service and Administration the particulars of such non-compliance; and (c) as soon as possible report to that Director-General the particulars of the disciplinary steps taken. (3) The Minister may report to the Cabinet or, through the relevant Premier, to the Executive Council of the relevant province any non compliance by an executive authority with a provision of this Act or a regulation, determination or directive made thereunder. (4) The Minister shall at least annually submit to the relevant committees of Parliament dealing with matters relating to the public service and, through the relevant Premier, to any similar committee of the relevant provincial legislature, every non-compliance with a provision of this Act or a regulation, determination or directive made thereunder— (a) reported in terms of subsection (1) or (2); or (b) confirmed in an investigation in terms of section 5(8). Discipline 16B. (1) Subject to subsection (2), when a chairperson of a disciplinary hearing pronounces a sanction in respect of an employee found guilty of misconduct, the following persons shall give effect to the sanction: (a) In the case of a head of department, the relevant executive authority; and in the case of any other employee, the relevant head of department. (b) (cid:13) Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (2) Where an employee may lodge an internal appeal provided for in a collective agreement or in a determination in terms of section 3(5), a sanction referred to in subsection (1) may only be given effect to— (a) if an internal appeal is lodged, after the appeal authority has confirmed the sanction pronounced by the chairperson of a disciplinary hearing; or if no internal appeal is lodged, after the expiry of the period within which the appeal must have been lodged. (b) (3) The Minister shall by regulation make provision for— (a) a power for chairpersons of disciplinary hearings to summon employees and other persons as witnesses, to cause an oath or affirmation to be administered to them, to examine them, and to call for the production of books, documents and other objects; and travel, subsistence and other costs and other fees for witnesses at disciplinary hearings. (b) (4) If an employee of a department (in this subsection referred to as "the new department'), is alleged to have committed misconduct in a depart ment by whom he or she was employed previously (in paragraph (b) referred to as 'the former department'), the head of the new department— (a) may institute or continue disciplinary steps against that employee; and (b) shall institute or continue such steps if so requested— (i) by the former executive authority if the relevant employee is a head of department; or (ii) by the head of the former department, in the case of any other employee. (5) In order to give effect to subsection (4), the two relevant departments shall co-operate, which may include exchanging documents and furnishing such written and oral evidence as may be necessary. (6) If notice of a disciplinary hearing was given to an employee, the relevant executive authority shall not agree to a period of notice of resignation which is shorter than the prescribed period of notice of resignation applicable to that employee.". Substitution of section 17 of Act promulgated under Proclamation 103 of 1994, as amended by section 32 of Act 38 of 1994 and section 14 of Act 47 of 1997

25. The following section is hereby substituted for section 17 of the principal Act: "Termination of employment 17. (1) (a) Subject to paragraph (b), the power to dismiss an employee shall vest in the relevant executive authority and shall be exercised in accordance with the Labour Relations Act. (b) The power to dismiss an employee on account of misconduct in terms of subsection (2)(d) shall be exercised as provided for in section 16B(1). (2) An employee of a department, other than a member of the services, an educator or a member of the Intelligence Services, may be dismissed on account of— (a) (b) operational requirements of the department as provided for in the incapacity due to ill health or injury; Labour Relations Act; incapacity due to poor work performance; or (c) (d) misconduct. (3) (a) (i) An employee, other than a member of the services or an educator or a member of the Intelligence Services, who absents himself or herself from his or her official duties without permission of his or her head of department, office or institution for a period exceeding one calendar month, shall be deemed to have been dismissed from the public service on account of misconduct with effect from the date immediately succeeding his or her last day of attendance at his or her place of duty. (cid:13) Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (ii) If such an employee assumes other employment, he or she shall be deemed to have been dismissed as aforesaid irrespective of whether the said period has expired or not. (b) If an employee who is deemed to have been so dismissed, reports for duty at any time after the expiry of the period referred to in paragraph (a), the relevant executive authority may, on good cause shown and notwith standing anything to the contrary contained in any law, approve the reinstatement of that employee in the public service in his or her former or any other post or position, and in such a case the period of his or her absence from official duty shall be deemed to be absence on vacation leave without pay or leave on such other conditions as the said authority may determine. (4) (a) A person— (i) dismissed in terms of subsection (2)(d) for misconduct, including misconduct relating to the offering or receipt of any undue gratifica tion or the facilitation of such offering or receipt; or (ii) deemed to be dismissed in terms of subsection (3), may only be re-employed by any department after the expiration of a prescribed period. (b) Different periods may be so prescribed for different categories of misconduct. (c) Notwithstanding the condition contained in paragraph (a) that an employee may only be re-employed in any department after the expiration of a prescribed period, the Minister may prescribe acts of misconduct in respect of which no period need expire before a person is again employed in a department. (d) Subject to paragraph (a), a decision whether or not to re-employ a person dismissed in terms of subsection (2)(d) shall be taken with due regard to the nature of the misconduct concerned.". Substitution of section 30 of Act promulgated under Proclamation 103 of 1994, as amended by section 25 of Act 47 of 1997

26. The following section is hereby substituted for section 30 of the principal Act: "Other remunerative work by employees 30. (1) No employee shall perform or engage himself or herself to perform remunerative work outside his or her employment in the relevant department, except with the written permission of the executive authority of the department. (2) For the purposes of subsection (1) the executive authority shall at least take into account whether or not the outside work could reasonably be expected to interfere with or impede the effective or efficient performance of the employee's functions in the department or constitute a contravention of the code of conduct contemplated in section 4l(l)(b)(v). (3) (a) The executive authority shall decide whether or not to grant permission, contemplated in subsection (1), within 30 days after the receipt of the request from the employee in question. (b) If the executive authority fails to make a decision within the 30 day period, it would be deemed that such permission was given.". Amendment of section 31 of Act promulgated under Proclamation 103 of 1994, as amended by section 26 of Act 47 of 1997

27. Section 31 of the principal Act is hereby amended— (a) by the substitution in subsection (1) for paragraphs (a) and (b) of the following paragraphs, respectively: "(a)(i) If any remuneration, allowance or other reward (other than remuneration contemplated in section 38(1) or (3)), is received by an I (cid:13) Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 employee in connection with the performance of his or her work in the public service otherwise than in accordance with this Act or a determination by or directive of the Minister, or is received contrary to section 30, that employee shall, subject to subparagraph (iii), pay into revenue— (aa) an amount equal to the amount of any such remuneration, allowance or reward; or (bb) if it does not consist of money, the value thereof as determined by the head of the department in which he or she was employed, at the time of the receipt thereof, (ii) If the employee fails to so pay into revenue the amount or value, the said head of department shall recover it from him or her by way of legal proceedings and pay it into revenue. (iii) The employee concerned may appeal against the determination of the head of department to the relevant executive authority. (iv) The accounting officer of the relevant department may approve that the employee concerned retains the whole or a portion of the said remuneration, allowance or reward. (b) If— (i) (ii) in the opinion of the head of department mentioned in paragraph (a) an employee has received any remuneration, allowance or other reward contemplated in that paragraph; and it is still in his or her possession or under his or her control or in the possession or under the control of any other person on his or her behalf, or, if it is money, has been deposited in any bank as defined in section 1(1) of the Banks Act, 1990 (Act No. 94 of 1990), or a mutual bank as defined in section 1(1) of the Mutual Banks Act, 1993 (Act No. 124 of 1993), in his or her name or in the name of any other person on his or her behalf, that head of department may in writing require that employee or that other person or that financial institution not to dispose thereof, or, if it is money, not to dispose of a corresponding sum of money, as the case may be, pending the outcome of any legal steps for the recovery of that remuneration, allowance or reward or the value thereof."; and (b) by the substitution in subsection (2) for paragraph (a) of the following paragraph: "(a) Subject to [the provisions of] paragraph (b), any salary, allowance, fee, bonus or honorarium which may be payable in respect of the services of an [officer or] employee placed temporarily at the disposal of [any other] an organ of state, another government [, or of any council, institution] or body [or person] contemplated in section 15(3) [or (4)] shall be paid into revenue.". Substitution of section 32 of Act promulgated under Proclamation 103 of 1994

28. The following section is hereby substituted for section 32 of the principal Act: "Direction to perform other functions or to act in another post 32. (1) Subject to such conditions as may be prescribed, an executive authority or the head of a department may direct an employee under his or her control temporarily to perform any functions other than those ordinarily assigned to the employee or appropriate to his or her grade or post. (2) (a) An employee may be directed in writing to act in a post subject to such conditions as may be prescribed. (b) Such acting appointment shall be made— (i) (ii) in the case of the post of head of department, by the relevant executive authority; in the case of any other post, by the employee occupying the post, unless otherwise determined by the head of department. (cid:13) Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (3) The performance evaluation of the relevant employee shall take place with due regard to a direction in terms of subsection (1) or (2).". Substitution of section 33 of Act promulgated under Proclamation 103 of 1994

29. The following section is hereby substituted for section 33 of the principal Act: "Cession of emoluments

33. No [officer or] employee shall without written approval of the accounting officer, as defined in section 1 of the [Exchequer Act, 1975 (Act No. 66 of 1975)] Public Finance Management Act, of the department or office in which he or she is employed, cede the right to the whole or any part of any salary or allowance payable to him or her.". Substitution of section 34 of Act promulgated under Proclamation 103 of 1994, as substituted by section 11 of Act 86 of 1998

30. The following section is hereby substituted for section 34 of the principal Act: "Non-reduction of salaries

34. The salary [or scale of salary] of an [officer] employee shall not be reduced without his or her consent except in terms of [the provisions of] section [13(6) or] 38, [or of any collective agreement contemplated in section 18(b) of the Public Service Laws Amendment Act, 1998 or of] an Act of Parliament or a collective agreement.". Substitution of section 35 of Act promulgated under Proclamation 103 of 1994, as substituted by section 28 of Act 47 of 1997

31. The following section is hereby substituted for section 35 of the principal Act: "Grievances of employees 35. (1) For the purposes of asserting the right to have a grievance concerning an official act or omission investigated and considered by the Commission— (a) an employee may lodge that grievance with the relevant executive authority under the prescribed circumstances, on the prescribed conditions and in the prescribed manner; and if that grievance is not resolved to the satisfaction of the employee, that executive authority shall submit the grievance to the Commission in the prescribed manner and within the prescribed period. (b) (2) After the Commission has investigated and considered any such grievance, the Commission may recommend that the relevant executive 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) A head of department may lodge any such grievance with— (a) the relevant executive authority in terms of subsection (1); or (b) directly with the Commission under the prescribed circumstances, on the prescribed conditions and in the prescribed manner. (4) (a) An employee may only refer a dispute to the relevant bargaining council in the public service or the Commission for Conciliation, Mediation and Arbitration, or institute court proceedings, in respect of a right referred to in subsection (1) if— (i) he or she has lodged a grievance in terms of that subsection; and (ii) the department does not resolve the grievance to his or her satisfaction within the period prescribed in the rules, contemplated in subsection (5) or the period for referring such dispute or instituting such court proceedings, whichever period is the shorter. (cid:13) 50 No. 30675 GOVERNMENT GAZETTE, 17 JANUARY 2008 Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (b) Paragraph (a) shall not apply to a head of department who has lodged a grievance directly with the Commission in terms of subsection (3)(b). (5) For the purposes of subsections (1) and (3)(b), 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 grievances concerning official acts or omissions, and 'prescribed' means prescribed by the Commission by rule under the Commission Act.". Substitution of section 36 of Act promulgated under Proclamation 103 of 1994

32. The following section is hereby substituted for section 36 of the principal Act: 10 "Employees as candidates for, and becoming members of, legislatures 36. (1) An employee may be a candidate for election as a member of the National Assembly, a provincial legislature or a Municipal Council, subject to the code of conduct contemplated in section 41(l)(b)(v) and any other prescribed limits and conditions. (2) An employee elected as a member of the National Assembly or a provincial legislature or a full-time member of a Municipal Council shall be deemed to have resigned from the public service with effect from the date immediately before the date he or she assumes office as such member. (3) An employee appointed as a permanent delegate of the National Council of Provinces shall be deemed to have resigned from the public service with effect from the date immediately before the date he or she assumes office as such delegate. 15 20 (4) An employee elected as a member of a Municipal Council— (a) may only remain an employee in the public service if he or she serves 25 as a part-time member of the Council; and (b) shall comply with section 30(1).". Substitution of section 37 of Act promulgated under Proclamation 103 of 1994, as amended by section 29 of Act 47 of 1997

33. The following section is hereby substituted for section 37 of the principal Act: 30 "Remuneration of [officers and] employees 37. (1) Employees shall be paid the salaries and allowances in accordance with the salary scale and salary level determined by the Minister in terms of section 3(5). (2) An executive authority may, only if it is allowed by regulation and to 35 the extent prescribed— (a) grant employees or classes of employees of the relevant department on appointment or transfer salaries higher than the minimum amounts of the appropriate salary levels of the applicable salary scales; (b) grant employees or classes of employees of the relevant department special advancement in salaries within the salary level of the salary scale applicable to them; and (c) grant an employee of the relevant department special advancement in salary within the salary level of the salary scale applicable to him or her or grant him or her a salary in accordance with a higher salary level or any other reward, if he or she has exceptional ability or special qualifications or has rendered meritorious service and it is in the public interest.". 40 45 (cid:13) Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 Amendment of section 38 of Act promulgated under Proclamation 103 of 1994

34. Section 38 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: "(1)(a) If an incorrect salary, salary level, salary scale or reward is awarded to an employee, the relevant executive authority shall correct it with effect from the date on which it commenced. (b) Paragraph (a) shall apply notwithstanding the fact that the employee concerned was unaware that an error had been made in the case where the correction amounts to a reduction of his or her salary."; (b) by the substitution in subsection (2) for the words preceding paragraph (a) of the following words: "If an [officer or] employee contemplated in subsection (1) has in respect of his or her salary, including any portion of any allowance or other remuneration or any other benefit calculated on his or her basic salary or [scale of] salary scale or awarded to him or her by reason of his or her basic salary—"; (c) by the substitution in subsection (2)(b) for subparagraph (i) of the following subparagraph: "(i) an amount equal to the amount of the overpayment shall be recovered from him or her by way of the deduction from his or her salary of such instalments as the [head of department, with the approval of the Treasury,] relevant accounting officer may determine if he or she is in the service of the State, or, if he or she is not so in service, by way of deduction from any moneys owing to him or her by the State, or by way of legal proceedings, or partly in the former manner and partly in the latter manner;"; and (d) by the substitution for subsection (3) of the following subsection: " (3) [With the approval of the Treasury] The accounting officer of the relevant department may remit the amount of an overpayment to be recovered in terms of subsection (2)(b) [may be remitted] in whole or in part.". Substitution of section 41 of Act promulgated under Proclamation 103 of 1994, as amended by section 30 of Act 47 of 1997

35. The following section is hereby substituted for section 41 of the principal Act: "Regulations 41.(1) Subject to the Labour Relations Act and any collective agreement, the Minister may make regulations regarding— (a) any matter required or permitted by this Act to be prescribed; (b) any matter referred to in section 3(1), including, but not limited to— the allocation, transfer and abolition of functions in terms of section 3(4) and the staff performing such functions; (i) (iii) (ii) employment additional to the establishment and restrictions on the employment of persons, other than permanently or for fixed periods or specific tasks, in the public service as a whole; the appointment of unpaid voluntary workers who are not employees and their functions; the co-ordination of work in a department or between two or more departments; (iv) (v) a code of conduct for employees; (vi) the disclosure of financial interests by all employees or particular categories of employees and the monitoring of such interests; and the position of employees not absorbed into a post upon its re-grading; (vii) (cid:13) Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (c) (d) the reporting on and assessment of compliance with this Act and the review for appropriateness and effectiveness of any regulations, determinations and directives made under this Act; the designation or establishment of one or more authorities vested with the power to authorise a deviation from any regulation under justifiable circumstances, including the power to authorise such deviation with retrospective effect for purposes of ensuring equality; and (e) any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act. (2) Different regulations may be made to suit the varying requirements of particular departments or divisions of departments, of particular categories of employees or of particular kinds of employment in the public service. (3) The Minister may issue directives which are not inconsistent with this Act to elucidate or supplement any regulation.". Substitution of section 42 of Act promulgated under Proclamation 103 of 1994, as amended by section 31 of Act 47 of 1997

36. The following section is hereby substituted for section 42 of the principal Act: "Public service handbooks

42. The Minister shall cause appropriate determinations and directives made or issued in terms of this Act to be included in one or more handbooks to be used by the public service.". Substitution of section 42 A of Act promulgated under Proclamation 103 of 1994, as inserted by section 32 of Act 47 of 1997

37. The following section is hereby substituted for section 42A of the principal Act: "Delegation 42A. (1)(a) The Minister may— (i) delegate to the Director-General: Public Service and Adminis tration any power conferred on the Minister by this Act, except the power to make regulations; or (ii) authorise that Director-General to perform any duty imposed on the Minister by this Act. (b) The Director-General: Public Service and Administration may— (i) delegate to any employee of his or her department any power delegated to him or her in terms of paragraph (a); or (ii) authorise that employee to perform any duty he or she is authorised to perform in terms of paragraph (a). (2) (a) Subject to subsection (3)(b), the Premier of a province may— (i) delegate to the head of the Office of a Premier in the province any power conferred on the Premier by this Act; or (ii) authorise that head to perform any duty imposed on the Premier by this Act. (b) The head of the Office of a Premier may— (i) delegate to any employee in that Office any power delegated to him or her in terms of paragraph (a); or (ii) authorise that employee to perform any duty he or she is authorised to perform in terms of paragraph (a). (3) The executive authority referred to in section 12(1) may, in the case of— (a) the President, delegate to the Deputy President or a Minister any power conferred on the President by section 12; or (cid:13) Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 (b) the Premier of a province, authorise a Member of the relevant Executive Council to perform any duty imposed on the Premier by section 12. (4) Subject to subsection (3), an executive authority may— (a) delegate to the head of a department any power conferred on the executive authority by this Act; or (b) authorise that head to perform any duty imposed on the executive authority by this Act. (5) The head of a department or any other functionary may— (a) delegate to any employee of the department any power— (i) conferred on that head by this Act; or (ii) delegated to that head in terms of subsection (4); or (b) authorise that employee to perform any duty— (i) (ii) imposed on that head by this Act; or that that head is authorised to perform in terms of subsection (4). (6) Any person to whom a power has been delegated or who has been authorised to perform a duty under this section shall exercise that power or perform that duty subject to the conditions the person who made the delegation or granted the authorisation considers appropriate. (7) Any delegation of a power or authorisation to perform a duty in terms of this section— (a) shall be in writing; (b) does not prevent the person who made the delegation or granted the authorisation from exercising that power or performing that duty himself or herself; and (c) may at any time be withdrawn in writing by that person.". Substitution of Schedule 1 to Act promulgated under Proclamation 103 of 1994, as substituted by section 13 of Act 86 of 1998 and amended by Proclamations 73, 82, 104,117 and 118 of 1999, Proclamations 17 and 25 of 2000, Government Notice No. 517 of 2000, Proclamations 37, 39 and 71 of 2000, Proclamation 62 of 2002 and Proclamation R.14 of 2003

38. The following schedule is hereby substituted for Schedule 1 to the principal Act: "SCHEDULE 1 NATIONAL DEPARTMENTS AND OFFICES OF PREMIER AND HEADS THEREOF (Section 7(2) and (3)) Column 1 Department of Agriculture Department of Arts and Culture Department of Communications Department of Correctional Services Department of Defence Department of Education Department of Environmental Affairs and Tourism Department of Foreign Affairs Column 2 Director-General: Agriculture Director-General: Arts and Culture Director-General: Communications Commissioner: Correctional Services Secretary for Defence Director-General: Education Director-General: Environmental Affairs and Tourism Director-General: Foreign Affairs Department of Government Communication and Information System Director-General: Government Communication and Information System Department of Health Department of Home Affairs Department of Housing Director-General: Health Director-General: Home Affairs Director-General: Housing Department of Justice and Constitutional Develop ment Director-General: Justice and Constitutional Development (cid:13) Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 Column 1 Department of Labour Department of Land Affairs Column 2 Director-General: Labour Director-General: Land Affairs Department of Minerals and Energy Director-General: Minerals and Energy Department of Provincial and Local Government Director-General: Provincial and Local Government Department of Public Enterprises Director-General: Public Enterprises Department of Public Service and Administration Director-General: Public Service and Administration Department of Public Works Department of Safety and Security Director-General: Public Works National Commissioner: South African Police Service Department of Science and Technology Director-General: Science and Technology Department of Social Development Director-General: Social Development Department of Trade and Industry Director-General: Trade and Industry Department of Transport Director-General: Transport Department of Water Affairs and Forestry Director-General: Water Affairs and Forestry Independent Complaints Directorate Inspectorate for Social Assistance National Intelligence Agency National Treasury Office of the Public Service Commission Office of the Premier: Eastern Cape Office of the Premier: Free State Office of the Premier: Gauteng Office of the Premier: KwaZulu-Natal Office of the Premier: Limpopo Office of the Premier: Mpumalanga Office of the Premier: Northern Cape Office of the Premier: North West Office of the Premier: Western Cape South African Management and Development Institute South African National Academy of Intelligence South African Secret Service Sport and Recreation South Africa Statistics South Africa Executive Director: Independent Complaints Directorate Executive Director: Inspectorate for Social Assistance Director-General: National Intelligence Agency Director-General: National Treasury Director-General: Office of the Public Service Commission Director-General: Office of the Premier of Eastern Cape Director-General: Office of the Premier of Free Sate Director-General: Office of the Premier of Gauteng Director-General: Office of the Premier of KwaZulu- Natal Director-General: Office of the Premier of Limpopo Director-General: Office of the Premier of Mpumalanga Director-General: Office of the Premier of Northern Cape Director-General: Office of the Premier of North West Director-General: Office of the Premier of Western Cape Director-General: South African Management and Development Institute Chief Executive Officer: South African National Academy of Intelligence Director-General: South African Secret Service Director-General: Sport and Recreation South Africa Statistician-General: Statistics South Africa Director-General: The Presidency (cid:13) Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 Substitution of Schedule 2 to Act promulgated under Proclamation 103 of 1994, as substituted by section 14 of Act 86 of 1998 and amended by Proclamations 105 and 119 of 1999, Proclamation 32 of 2000, Proclamations 5, R.38, R.41, R.44 and R.55 of 2001, Proclamations R.49, R.711 and R.79 of 2002, Proclamations R.4 and R.64 of 2003, Proclamations R.34, R.42, R.48, R.50 and R.64 of 2004, Proclamations R.7, R.33 and R.64 of 2005 and Proclamation R.18 and R.26 of 2006

39. The following schedule is hereby substituted for Schedule 2 to the principal Act: SCHEDULE 2 PROVINCIAL DEPARTMENTS AND HEADS THEREOF Column 1 Eastern Cape (Section 7(2) and (3)) Column 2 Department of Agriculture Head: Agriculture Department of Economic Affairs, Environment and Tourism Head: Economic Affairs, Environment and Tourism Department of Education Department of Health Head: Education Head: Health Department of Housing. Local Government and Traditional Affairs Head: Housing, Local Government and Traditional Affairs Department of Public Works Department of Roads and Transport Department of Safety and Liaison Department of Social Development Head: Public Works Head: Roads and Transport Head: Safety and Liaison Head: Social Development Department of Sport, Recreation, Arts and Culture Head: Sport, Recreation, Arts and Culture Provincial Treasury Head: Provincial Treasury Column 1 Free State Department of Agriculture Department of Education Department of Health Column 2 Head: Agriculture Head: Education Head: Health Department of Local Government and Housing Head: Local Government and Housing Department of Public Works, Roads and Transport Head: Public Works, Roads and Transport Department of Public Safety, Security and Liaison Head: Public Safety, Security and Liaison Department of Social Development Department of Sport, Arts and Culture Head: Social Development Head: Sport, Arts and Culture Department of Tourism, Environmental and Economical Affairs Head: Tourism, Environmental and Economical Affairs Free State Provincial Treasury Head: Free State Provincial Treasury Column 1 Gauteng Column 2 Department of Agriculture, Conservation and Environment Head: Agriculture, Conservation and Environment Department of Community Safety Head: Community Safety Department of Economic Development Head: Economic Development Department of Education Department of Health Department of Housing Head: Education Head: Health Head: Housing (cid:13) Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 Department of Local Government Head: Local Government Department of Public Transport, Roads and Works Head: Public Transport, Roads and Works Department of Social Development Head: Social Development Department of Sports, Arts, Culture and Recreation Head: Sports, Arts, Culture and Recreation Gauteng Shared Services Gauteng Treasury Column 1 KwaZulu-Natal Head: Gauteng Shared Services Head: Gauteng Treasury Column 2 Department of Agriculture Head: Agriculture Department of Arts, Culture and Tourism Head: Arts, Culture and Tourism Department of Community Safety and Liaison Head: Community Safety and Liaison Department of Economic Development Head: Economic Development Department of Education Department of Health Department of Housing Head: Education Head: Health Head: Housing Department of Local Government and Traditional Affairs Head: Local Government and Traditional Affairs Department of Sports and Recreation Head: Sports and Recreation Department of the Royal Household Head: Royal Household Department of Transport Head: Transport Department of Welfare and Population Development Head: Welfare and Population Development Department of Works Provincial Treasury Column 1 Limpopo Head: Works Head: Provincial Treasury Column 2 Department of Agriculture Head: Agriculture Department of Economic Development, Environment and Tourism Head: Economic Development, Environment and Tourism Department of Education Head: Education Department of Health and Social Development Head: Health and Social Development Department of Local Government and Housing Head: Local Government and Housing Department of Public Works Department of Roads and Transport Head: Public Works Head: Roads and Transport Department of Safety, Security and Liaison Head: Safety, Security and Liaison Department of Sport, Arts and Culture Head: Sport, Arts and Culture Provincial Treasury Column 1 Mpumalanga Head: Provincial Treasury Column 2 Department of Agriculture and Land Administration Head: Agriculture and Land Administration Department of Culture, Sport and Recreation Head: Culture, Sport and Recreation Department of Economic Development and Planning Head: Economic Development and Planning Department of Education Department of Finance Head: Education Head: Finance Department of Health and Social Services Head: Health and Social Services Department of Local Government and Housing Head: Local Government and Housing Department of Public Works Department of Roads and Transport Department of Safety and Security Head: Public Works Head: Roads and Transport Head: Safety and Security (cid:13) Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 Column 1 Northern Cape Column 2 Department of Agriculture and Land Reform Head: Agriculture and Land Reform Department of Economic Affairs Head: Economic Affairs Department of Education Department of Health Head: Education Head: Health Department of Housing and Local Government Head: Housing and Local Government Department of Safety and Liaison Head: Safety and Liaison Department of Social Services and Population Devel opment Head: Social Services and Population Development Department of Sport, Arts and Culture Head: Sport, Arts and Culture Department of Tourism, Environment and Conservation Head: Tourism, Environment and Conservation Department of Transport, Roads and Public Works Head: Transport, Roads and Public Works Provincial Treasury Head: Provincial Treasury Column 1 North West Column 2 Department of Agriculture, Conservation, and Environment Head: Agriculture, Conservation and Environment Department of Developmental Local Government and Housing Head: Developmental Local Government and Housing Department of Economic Development and Tourism Head: Economic Development and Tourism Department of Education Department of Finance Department of Health Head: Education Head: Finance Head: Health Department of Public Works Head: Public Works Department of Social Development Head: Social Development Department of Sports, Arts and Culture Head: Sports, Arts and Culture Department of Transport, Roads and Community Safety Head: Transport, Roads and Community Safety Column 1 Western Cape Column 2 Department of Agriculture Head: Agriculture Department of Community Safety Head: Community Safety Department of Cultural Affairs and Sport Head: Cultural Affairs and Sport Department of Economic Development and Tourism Head: Economic Development and Tourism Department of Education Head: Education Department of Environmental Affairs and Development Planning Head: Environmental Affairs and Development Planning Department of Finance Department of Health Department of Housing Head: Finance Head: Health Head: Housing Department of Local Government Department of Social Development Head: Local Government Head: Social Development Department of Transport and Public Works Head: Transport and Public Works (cid:13) Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 Substitution of Schedule 3 to Act promulgated under Proclamation 103 of 1994, as inserted by section 15 of Act 86 of 1998 and amended by Proclamations 82 and 117 of 1999, Proclamations 17 and 71 of 2000 and Proclamations R.14 and R.33 of 2003 and Proclamation R.39 of 2006

40. The following schedule is hereby substituted for Schedule 3 to the principal Act: "SCHEDULE 3 PART A NATIONAL GOVERNMENT COMPONENTS AND HEADS THEREOF Column 1 Name of national government component (Section 7(2) and (3)) Column 2 Designation of head of national government component Column 3 Principal national department Centre of Public Service Innovation Executive Director Department of Public Service and Administration PARTB PROVINCIAL GOVERNMENT COMPONENTS AND HEADS THEREOF Column 1 Name of provincial government component (Section 7(2) and (3)) Column 2 Designation of head of provincial government component Column 3 Principal Office of the Premier or provincial department Deletion and substitution of certain words in Act promulgated under Proclamation 103 of 1994 41. (1) The principal Act is hereby amended— (a) by the deletion of the expressions "officer or" and "officers and", wherever they occur; and (b) by the substitution for the expressions "executing authority" and "executing authorities", wherever they occur, of the expressions "executive authority" and "executive authorities", respectively. (2) From the date of commencement of this section, unless clearly inappropriate, every person who is an "officer" as defined in section 1 (1) of the principal Act, read with the Public Service Amendment Act, 1996 (Act No. 13 of 1996), immediately before the said commencement date shall be deemed to be an employee as so defined, and the provisions of the principal Act and any other law shall for all purposes apply to such person as if he or she were an "employee" as so defined. Amendment of laws

42. The laws mentioned in the Schedule are hereby amended to the extent indicated in the third column thereof. Short title and commencement

43. This Act is called the Public Service Amendment Act, 2007, and comes into operation on a date determined by the President by proclamation in the Gazette. (cid:13) Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 SCHEDULE LAWS AMENDED (Section 43) No. and year of law Short title Extent of amendment Act No. 112 of 1991 Upgrading of Land Tenure Rights Act, 1991 The amendment of section 24A by the substitution in subsection (8) for the ex pression "Public Service Commission and the relevant provincial service commis sion" of the expression "Minister for the Public Service and Administration". Act No. 22 of 1994 Restitution of Land Rights Act, 1994 The amendment of section 28I by the de letion of the proviso to subsection (2). Act No. 43 of 1996 National Archives and Record Service of South Africa Act, 1996 Act 66 of 1995 Labour Relations Act Act No. 57 of 1997 Lotteries Act, 1997 Act No. 1 of 1999 Public Finance Management Act, 1999 The amendment of section 4 by the substi tution in subsection (1) for the expression "Public Service Commission contem plated in section 196 of the Constitution" of the expression "Minister for the Public Service and Administration". The amendment of the definition of "pub lic service" in section 213 of the Labour Relations Act by the substitution for the expression "organisational" of the expression "government". The amendment of section 7 by the dele tion in subsection (3) of the expression "and the Public Service Commission". The amendment of section 1— (a) by the substitution for the definition of "department" of the following defi nition: " 'department' means a national or provincial department or a na tional or provincial government component;"; (b) by the substitution for the definition of "national department" of the fol lowing definitions: " 'national department' means a department listed in Schedule 1 to the Public Service Act, 1994 (Proc lamation No. 103 of 1994), but ex cluding the Office of a Premier; 'national government component' means a national government com ponent listed in Part A of Schedule 3 to the Public Service Act, 1994;"; and (c) by the substitution for the definition of "provincial department" of the fol lowing definitions: " 'provincial department' means— (a) the Office of a Premier listed in Schedule 1 to the Public Ser vice Act, 1994; (b) a provincial department listed in Schedule 2 to the Public Ser vice Act, 1994; (cid:13) Act No. 30, 2007 PUBLIC SERVICE AMENDMENT ACT, 2007 No. and year of law Short title Extent of amendment Act No. 20 of 1999 Road Traffic Management Corporation Act, 1999 Act No. 3 of 2000 Promotion of Administrative Justice Act, 2000 Act No. 65 of 2002 Intelligence Services Act, 2002 Act No. 13 of 2004 Social Assistance Act, 2004 'provincial government compo nent' means a provincial govern ment component listed in Part B of Schedule 3 to the Public Service Act, 1994;". The amendment of section 20 by the dele tion in subsection (3) of the expression ", the Public Service Commission". The amendment of section 10 by the sub stitution for subsection (3) of the follow ing subsection: "(3) This section may not be construed as empowering the Minister to make regulations, without prior consultation with the [Public Ser vice Commission] Minister for the Public Service and Adminis tration, regarding any matter which [may be regulated by the Public Service Commission un der the Constitution or any other law] affects the public ser vice.". The amendment of section 5 by the substi tution in subsection (1) for the expression "an organisational component" of the ex pression "a national department". The amendment of section 24 by the sub stitution in subsection (1) for the expres sion "an organisational component con templated in Schedule 3" of the expression "a national department con templated in Schedule 1". (cid:13)