Public Service Amendment Act

1. The following section is hereby inserted in the Public Service Act, 1994, after section 3A: “Handling of appointment and other career incidents of heads of department 3B. (1) Notwithstanding anything to the contrary contained in this Act, the appointment and other career incidents of the heads of department shall be dealt with by, in the case of— (a) a head of a natiorrd department or organisational component, the President; and (b) a head of a provincial administration, department or office, the relevant Premier. (2) Any person appointed as head of department may before or at the expiry of his or her term of office, or extended term of office, be deployed with his or her consent by the relevam executing authority referred to in paragraph (a) or (b) of subsection (1) in the case of— (a) ‘a head of a national department or organisational component, to perform functions in a similar or any other capacity in any national department or organisational component in a post or against a post of equal, higher or lower grading, or additiond to the establishment, as the executing authority deems fit; and a head of a provincial administration, department or office, to perform functions in a similar or any other capacity in the administration, department or office of the relevant province in a post or against a post of equal, higher or lower grading or additiond to the establishment, as the executing authority deems fit. (b) (3) Any perso~ appointed as head of department who thereafter is deployed in accordance with subsection (2), shall— (a) for the unexpired portion of his or her term of office, or extended term of office, be appointed at the same salary and conditions of service; and 5 10 15 20 25 30 4 No. 19956 GOVERNMENT GUETTE, 21 AP~ 1999 Act No. 5, 1999 PUBLIC SERVICE AMENDMENT ACT, 1999 (b) at the expiry of his or her term of office, or extended term of office, be appointed at the salary and conditions of service attaching to the post or capacity in which he or she is appointed. (4) The executing authority referred to in paragraph (a) or (b) of subsection (1) may delegate or assign any power or duty to appoint the head referred to in that paragraph, as well as any power or duty regarding the other career incidents of that head, in the case of— (a) the President, to the Deputy President or a Ministen or (b) the Premier of a province, to a Member of the relevant Executive Council.”. Short title and commencement

2. This Act is called the Public Service Amendment Act, 1999, and comes into operation on a date fixed by the President by proclamation in the Gazette. 5 10