Public Service Laws Amendment Act
This section states that the President has assented to the Act and that it is published for general information.
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This section states that the President has assented to the Act and that it is published for general information. This section indicates the Public Service Laws Amendment Act, 1998 and states that section 1 of a prior Act is amended. This section amends several definitions in the Public Service Act, including “department,” “executing authority,” “head of department,” “national department,” “provincial administration,” “provincial department,” “revenue,” and “Treasury.” This section amends Section 3 so the Minister may advise or assist the President or an executing authority when requested, and may make determinations about allocating, abolishing, or transferring departmental functions, subject to consultation and stated limits. This text only says that a new section titled “Functions of Premiers” is inserted after section 3 of the principal Act.
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October 1998
This section states that the President has assented to the Act and that it is published for general information.
30 October 1998 It is hereby notified that the President has assented to the following Act which is h e r e b y p u b l i s h e d f o r g e n e r al information:— No. 86 of 1998: Public .Service Laws Amendment Act, 1998. I I I I I KANTOOR VAN DIE PRESIDENT No. 1390. - 30 Verify source ↗
Oktober 199$
This section indicates the Public Service Laws Amendment Act, 1998 and states that section 1 of a prior Act is amended.
30 Oktober 199$ Hierby word bekend gemaak dat die President sy goed- keunng geheg het aan die onderstaande Wet wat hierby tel algemene inligting gepubliseer word:— No. 86 van 1998: Wysigingswet op Staatsdienswetgewing. 1998. ~ No. 19410 GOVERNMENT GAZETTE. 30 OCTOBER 1998 ..—.. .-. . . . . . -:: --- . . . . . . . -------,- . . ,, -.. .’ .$., hctti: 86; 19ti, . . ~_’ PUBLIC SERVICE LAWS AMENDMENT ACT. 1998 . . . . . ,, : ., .. GENERAL EXPLANATORY NOTE: ,- ‘[’” “- 1 Words in bold type in square brackets indicate omissions from existing enactments. ,.. . . . . . . . . . . . .,- . . . . . . ..—. --- -.. . ..— -- ,. . . . --- -- — - ---,--- Words underlined with a solid line indicate insertions in . . . . . . - existing enactments. (English text signed by the President.) , (Assented to 20 October 1998.) ,. ‘. ACT To amend the Public Service Act, 1994, so as to readjust the functions of heads of provincial administrations and to further regulate the functions and conditions of service of heads of provincial departments and the conditions of service of heads of organisational components; to provide for the appointment of persons on the grounds of policy considerations; and to make other provision in connection with inefficiency and misconduct; to amend the Public Service Commission Act, 1997, so as to make other provision in connection with the conditions of appointment of commissioners; and to amend the Public Service Laws Amendment Act, 1997, so as to effect certain consequential amendments; and to provide for matters connected therewith. B E IT ENACTED by the Parliament of the Republic of South Africa, as follows:— Amendment of section 1 of Act promulgated under Proclamation 103 of 1994, as amended by section 32 of Act 38 of 1994, section 27 of Act promulgated under Proclamation 105 of 1994, section 1 of Proclamation R.171 of 1994 and section 1 of 5 Act 47 of 1997 - 1 Verify source ↗
Section 1 of the Public Service Act, 1994 (hereinafter referred to as the principal
This section amends several definitions in the Public Service Act, including “department,” “executing authority,” “head of department,” “national department,” “provincial administration,” “provincial department,” “revenue,” and “Treasury.”
1. Section 1 of the Public Service Act, 1994 (hereinafter referred to as the principal Act), is hereby amended— (a) by the substitution in subsection (1) for the definition of “department” of the following definition: (viii) department’ means a national department, [or a provincial administration referred to in section 7(2)] a Provincial administration or a provincial department: (ii)”; (b) by the substitution in the said subsection (1) for paragraphs (e) and (~) of the definition of ‘executing authority” of the following paragraphs: ‘h(e) [a provincial administration or] the Office of a Premier of a province, means the Premier of that province acting on his or her own; and (~) a pro~rincial department [or office] within an Executive Council portfolio. means the member of such Executive Council responsible for such portfolio;”; (c) by the substitution in the said subsection ( 1 ) for the definition of .-head of department” of the following definition: ..(xi~ ) ‘head of department’, ‘head of a department’ or ‘head of the department. means the incumbent of a post mentioned in the 10 15 20 4 No. 19410 GOVERNMENT G&E~, 30 NmBER 1998 ~ Act No. 86, 1998 PUBLIC SERVICE LAWS AMENDMENT ACT. 1998 second column of Schedule 1 Q, and includes any officer acting in such post; (iii)”; (d) by the substitution in the said subsection (1) for the definition of “national depanment” of the following definition: “(xvii) ‘national department’ means a national department [or organisa- 5 tional component at the national level of government] referred to in section 7(2); (xiv) ’.; (e) by the substitution in the said subsection ( I ) for the definition of “provincial administration” of the following definition: “(xx) ‘provincial administration’ means a provincial administration 10 referred to in section 7(2), but does not include a rovincial department in so far as this Act deals with any matter in respect of which a power or duty is entrusted or assigned by or under dus Act or any other law to the head of the provincial department or - the relev~nt executing authority; (xviii);’; (f) by the insertion in the said subsection (1) after the definition of “provincial administration” of the following definition: “(xxA) ‘provincial department’ means a provincial department refereed to in section 7(2); (xviiiA)’.; (g) by the substitution in the said subsection ( 1 ) for the definition of ‘revenue’. of the following definition: ‘.~xxiv) ‘revenue’ means the National Revenue Fund established by section 2 13(1) of the Constitution or. in relation to [an officer or employee of a provincial administration] an~’ province. the relevant Provincial Revenue Fund established by section 226(1) of the Constitution, as the case may be; (viii) ’.; and (h) by the substitution in the said subsection(1) for paragraph (b) of the definition of “Treasury” of the following paragraph: “(b) the member of an Executive Council of a province responsible for the execution of the treasu~ function in that province or a duly authorised officer in [a provincial administration] his or her office or department.”. Amendment of section 3 of Act promulgated under Proclamation 103 of 1994, as substituted by section 3 of Act 47 of 1997 - 2 Verify source ↗
Section 3 of the principal Act is hereby amended—
This section amends Section 3 so the Minister may advise or assist the President or an executing authority when requested, and may make determinations about allocating, abolishing, or transferring departmental functions, subject to consultation and stated limits.
2. Section 3 of the principal Act is hereby amended— (a) by the substitution for paragraph (u) of subsection (3) of the following pardgraph: “((J) advise the President regarding the establishment or abolition of any department [including] or organisational component in the national sphere of government. or the designation of any @ dep@ment ~ OrQanlsatlonal component or the head [of department] thereof, in order to enable the President to am=d Schedule 1 or [21 ~;.; (b) by the substitution for paragraph (b) of the said subsection (3) of the following paragraph: “(b) after consultation with the relevant executins authority or executing authorities. as the case may be, make determinations regarding the allocation of [functions] -function to, or the abolition of [the functions] any function of. any department or the transfer of [functions] any function from one department to another or from a department to any other body or from any other body to a department: Provided that the provisions of this p~agraph shall not be construed so as to empower the Minister— (i) to allocate any function to, or to abolish any function of. any provincial administration or provincial department except in consultation with the Premier of the province concerned; or to transfer any function from one provincial administration or provincial department to another or from a provincial administra- tion or provincial department to any body established by or under any provincial law or from any such bod~ to a p r o v i n c i al administration or provincial department; ..; (ii) 15 ~o 25 30 35 40 45 50 55 60 I I 6 No. 19410 GOVERNMENT G~E~E, 30 O~OBER 1998 Act NO. 86, 1998 PUBLIC SERVICE LAWS AMENDMENT ACT. 1998 (c) by the substitution in paragraph (a) of subsection (4) for the words preceding subpara&raph (i) of the following words: “If so requested by the President or an executing authority, the Minister may advise, or assist in such manner or on such conditions as the Minister may determine, the President or the relevant executing authority 5 [on] Q any matter relating t~”; and (d) by the substitution for paragraph (b) of the said subsection (4) of the following paragraph: ‘.(b) For the purposes of paragraph (a), the Minister has access to such official documents or may obtain such information from the chief 10 executive officer of the relevant board, institution or body as may be necessary to advise or assist the President or the relevant executing authority.’.. Insertion of section 3A in Act promulgated under Proclamation 103 of 1994 - 3 Verify source ↗
The following section is hereby inserted after section 3 of the principal Act:
This text only says that a new section titled “Functions of Premiers” is inserted after section 3 of the principal Act.
3. The following section is hereby inserted after section 3 of the principal Act: lj “Functions of Premiers - 3A Verify source ↗
The Premier of a province may—
The Premier of a province may establish or abolish a provincial department, and make determinations about allocating, abolishing, or transferring functions among provincial offices, departments, or certain bodies, subject to section 7(5).
3A. The Premier of a province may— (a) subject to the provisions of section 7(5). establish or abolish an!’ (b) department of the provincial administration concerned: make determinations regarding the allocation of any function to, or the abolition of any function of. any office or department of the provincial administration concerned or the transfer of any function from one such office or department to another or from such office or department to any body established by or under any law of the provincial legislature or from ‘any such body-to such office or department.’.. Amendment of section 7 of Act promulgated under Proclamation 103 of 1994, as amended by section 4 of Act 47 of 1997 - 4 Verify source ↗
Section 7 of the principal Act is hereby amended—
This section amends section 7 of the principal Act and gives the President power to amend the listed Schedules by proclamation, with some actions depending on ministerial advice or a provincial request.
4. 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 semice there shall be national departments and provincial administrations mentioned in the first column of Schedule 1. [as well as] pro}> incial departments mentioned in the first column of Schedule 2 and the or&anisational components mentioned in the first column of Schedule [2] ~.”; (/7) by the substitution for subsection (3) of the following subsection: “(3) (a) Each department shall have a head of depaflment who as an officer shall be the incumbent of the post on the fixed establishment bearing the designation mentioned in the second column of Schedule 1 or 2 opposite the name of the relevant department, or the officer who ~ ~cting in that post. (b) [A] Sublect to the provisions of paragraphs (c) and (d), a head of department shall be responsible for the efficient management and administration of his or her department. including the effective utilisation and training of staff, the maintenance of discipline, the promotion of sound labour relations and the proper use and care of State property. and he or she shall perform the functions that may be prescribed. (c) In addition to ;~ny power or duty entrusted or assigned bv or under this Act or any other law to the head of a provincial administration. 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)(c) of the Constitution. be responsible for intergovernmental relations between the relevant provincial administration and other provin- 30 3j 40 45 jO 55 8 No. 19410 Act No. 86.1998 GOVERNMENT G=E~, 30 mBER 1998 PUBLIC SERVICE LAWS AMENDME~ ACT, 1998 (iii) cial administrations as well as national departments and for the intragovernmental co-operation between the relevant provincial administration and its various provincial departments, including the co-ordination of their actions and legislation; and 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). The head of a provincial administration shall in respect of a provincial depafiment exercise no power or perform no duty which is entrusted or assigned by or under this Actor any other law to the head of the provincial department. (d) (e) The incumbent of a post mentioned in the second column of Schedule 2 shall not by virtue only of such incumbency be entitled to the r~, status or salary scale and accompanying benefits of the incumbent of a post mentioned in the second column o{ Schedule 1.”; (c) by the substitution for subsection (4) of the following subsection: “ (4)(a) An organisational component mentioned in the first column of Schedule [2] ~ and the officer who is the incumbent of the post bearing the designation mentioned in the second column of the said Schedule [2] 3 opposite the name of the relevant organisational component. or the ~fficer who is acting in that post, shall for the purposes of [ t he applimtion of the provisions ofl this Act be deemed to be a department and a head of department, respectively. (b) The incumbent of a post contemplated in this subsection shall not by [mason] virtue only of such incumbency be entitled to the [conditions of service] rati, status or salary scale and accompanying benefits of the incumbent of a post [referred to in subsection (3)] mentioned in the second column of Schedule 1.“; and (d) by the substitution for subsection (5) of the following subsection: (5) (a) The President may— @ o=he advice of the Minister on the establishment or abolition of any department [including] or organisational component in the national sphere of government, or the designation of any such department or organisational component or the head [of depart- ment] thereof, amend Schedule 1 or [2] 3 by proclamation in the Gazette: g at the request of the Premier of a province for the establishment or abolition of any department of the provincial administration concerned, or the designation of any such department or the head thereof, amend Schedule 2 by proclamation in the Gazette, — (ii) which amendment. if the President [deems] considers it necesswy. may be effected retrospectively to the date of the said advice [of the Minister] or request. as the case may be. (b) The President shall give effect to any request referred to in paragraph (a)(ii) if the President is satisfied that it is consistent with the provisions of the Constitution or this Act.”. 5 10 15 20 25 30 35 40 45 Amendment of section 12 of Act promulgated under Proclamation 103 of 1994, as substituted by section 9 of Act 47 of 1997
Part
Schedule 2 shall not by virtue only of such incumbency be entitled to the
- 5 Verify source ↗
Section 12 of the principal Act is hereby amended—
This section amends section 12 of the principal Act to change the rules for who may hold certain posts and for how long.
5. Section 12 of the principal Act is hereby amended— (a) by the substitution for paragraph (a) of subsection (1) of the following 50 paragraph: “(a) was appointed in the office of head of department or to any p Ost mentioned in the second column of Schedule 2 or 3. or was promoted or transferred to that office or post; or”; (b) by the substitution in the said subsection (1) for the words preceding 55 paragraph (i) of the following words: “shall occupy. subject to the provisions of [Chapters V and VI] Chapter V and any collective agreement contemplated in section 18(b) of the Public Service Laws Amendment Act, 1998—’.; (c) by the substitution for paragraph (i) of the said subsection(1) of the following 60 paragraph: 10 No. 19410 GOVERNMENT GWEm, 30 O~OBER 1998 Act No. %, 198 PUBLIC SERVICE LAWS mENDMENT ACT, 1998 “(i) in the case of a person referred to in paragraph (a)— ~ that office for a period of five years x from the date of his or her appointment, promotion or transfer, or the shorter period approved by the relevant executing authority, and if the term of office was extended at the expiry thereof, for the extended period approved by that executing authority; (bb) that post for a period of five years as from the date of commencement of the Public Service Laws Amendment Act, ~;”; and 5 (d) by the insertion of the following subsection after subsection (2), the existing 10 subsection (3) becoming subsection (4): “(3) Notwithstanding the provisions of subsection ( 1), any person referred to in that subsection may at any time after the commencement of the Public Service Laws Amendment Act, 1997, conclude a contract contemplated in subsection (2) with the relevant executing authority.”. 15 Insertion of section 12A in Act promulgated under Proclamation 103 of 1994 - 6 Verify source ↗
The following section is hereby inserted after section 12 of the principal Act:
An executing authority may appoint one or more people on a special contract, and the Cabinet sets the maximum number and pay/conditions limits.
6. The following section is hereby inserted after section 12 of the principal Act: “Appointment of persons on grounds of policy considerations 12A. (1) Subject to the provisions of this section, an executing authority may appoint one or more persons under a specird contract, whether in a 20 full-time or part-time capacity— (a) to advise the executing authority on the exercise or performance of the executing authority’s powers and duties; to advise the executing authority on the development of policy that will promote the relevant department. s objectives; or to perform such other tasks as may be appropriate in respect of the exercise or perforrnmce of the executing authority’s powers and duties. (b) (c) (2) The maximum number of persons that may be appointed by an executing authority und$r this section and the upper limits of the remuneration and other conditions of sen’ice of such persons shall be determined by the Cabinet in the national sphere of government. (3) The special contract contemplated in subsection(1) shall include any term and condition agreed upon between the relevant executing authority and the person concerned, including— (a) the contractual period, which period shall not exceed the term of office of the executing authority; (b) the particular duties for which the person concerned is appointed; and (c) the remuneration and other conditions of service of the person concerned.”. 25 30 35 40 Amendment of section 13 of Act promulgated under Proclamation 103 of 1994, as substituted by section 10 of Act 47 of 1997 - 7 Verify source ↗
Section 13 of the principal Act is hereby amended by the substitution in subsection
This amendment says a probationary officer may be discharged from the public service by the person with discharge power.
7. Section 13 of the principal Act is hereby amended by the substitution in subsection (5) for the words preceding paragraph (a) of the following words: “Notwithstanding anything to the contrary contained in subsection (2) or in 45 [Chapter VI] any collective agreement contemplated in section 18(b) of the Public Service Laws Amendment Act, 1998, but subject to the provisions of subsection (6). an officer who is serving on probation may be discharged from the public service by the person having the power of discharge, whether during or at or after the expiry of the period of probation—”. 50 Amendment of section 14 of Act promulgated under Proclamation 103 of 1994, as amended by section 32 of Act 38 of 1994 and section 11 of Act 47 of 1997 - 8 Verify source ↗
Section 14 of the principal Act is hereby amended by the substitution for paragraph
A transferred person may not have salary reduced without consent, except as allowed by the cited provisions.
8. Section 14 of the principal Act is hereby amended by the substitution for paragraph (a) of subsection (3) of the following paragraph: 12 No. 19410 GOVERNMENT G-E~, 30 OCTOBER 1998 Act No. 86, 1998 PUBLIC SERVICE LAWS AMENDMENT Am, 1998 “(a) shall not upon transfer suffer any reduction in his or her salary or scale of salary without his or her consent, except in accordance with the provisions of [Chapter VI and] section 38 ~ section 18(b) of the Public Service Laws Amendment Act, 1998;”. 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 and section 13 of Act 47 of 1997 - 9 Verify source ↗
Section 16 of the principal Act is hereby amended—
This section amends the retirement rules for heads of department: they have a right to retire at the end of the relevant term, and an executing authority may let them retire early if requested and the authority thinks there is a sufficient reason.
9. Section 16 of the principal Act is hereby amended— (a) by the substitution for paragraph (a) of subsection (3) of the following paragraph: “(a) Subject to the provisions of this section and the terms and conditions of a contract contemplated in section 12(2)[(a)], an officer who occupies the office of head of department has the right to retire from the public service and he or she sh~l be so retired at the expiry of the term contemplated in section 12(1 )[(a) or (b)] ~, or of any extended term contemplated [in section 12(1)(c)] therein, as the case may be.”; and (b) by the substitution for paragraph (a) of subsection (5) of the following paragraph: - “(a) [An] Subject to the terms and conditions of a contract contemplated in section 12(2), an executing authority may, at the request of an officer 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 )[(a) or (b)] ~, or any extended term contemplated [in section 12(1)(c)] therein, and notwithstanding the absence of any reason for discharge in terms of section 17(2) or the contract concluded with the officer, as the case may be, if a reason exists which [such] the said authority deems sufficient.”. Repeal of Chapter VI of Act promulgated under Proclamation 103 of 1994 - 10 Verify source ↗
Chapter VI of the principal Act is hereby repealed.
Chapter VI of the principal Act is repealed.
10. Chapter VI of the principal Act is hereby repealed. Substitution of section 34 of Act promulgated under Proclamation 103 of 1994, as substituted by section 27 of Act 47 of 1997 - 11 Verify source ↗
The following section is hereby substituted for section 34 of the principal Act:
This section substitutes a new section 34 titled “Reduction of salaries.”
11. The following section is hereby substituted for section 34 of the principal Act: “Reduction of salaries - 34 Verify source ↗
The salary or scale of salary of an officer shall not be reduced without
An officer’s salary or salary scale cannot be reduced without the officer’s consent, except under specified legal instruments.
34. The salary or scale of salary of an officer shall not be reduced without his or her consent exceut in terms of the provisions of section 13(6) or 38 or of [Chapter VI] any c~llective azreement contemplated in section 18(b) of the Public Service Laws Amendment Act, 1998, or of au Act of Parliament.”. 5 10 15 20 2j 30 35 Amendment of section 43 of Act promulgated under Proclamation 103 of 1994, as amended by section 33 of Act 47 of 1997 40 - 12 Verify source ↗
Section 43 of the principal Act is hereby amended by the substitution for
This section amends section 43 by replacing subsection (1), and it says the laws listed in Schedule [3] are repealed to the extent shown there, subject to subsection (2).
12. Section 43 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: “(1) Subject to the provisions of subsection (2), the laws mentioned in Schedule [3] ~ are hereby repealed to the extent indicated in the third column of that Schedule.’.. 45 Substitution of Schedule 1 to Act promulgated under Proclamation 103 of 1994, as amended by Proclamation 106 of 1994, section 32 of Act 38 of 1994, Proclamations 24,49, R.63, 78 and R.104 of 1995, Proclamations 14, R.44, R.51 and R.63 of 1996, Proclamation 32 of 1997, section 34 of Act 34 of 1997 and Proclamations 7, R.37 and 62 of 1998 50 - 13 Verify source ↗
Schedule 1 to this Act is herebv substituted for Schedule 1 to the principal Act.
This section replaces Schedule 1 to the principal Act with Schedule 1 to this Act.
13. Schedule 1 to this Act is herebv substituted for Schedule 1 to the principal Act. 14 No. 1941U GOVERNMENT GME~E. 30 OCTOBbK 1998 Act No. 86, 1998 PUBLIC SERVICE LAWS AMENDMENT ACT, 1998 Substitution of Schedule 2 to Act promulgated under Proclamation 103 of 1994, as amended by Proclamations 6, 14 and R.51 of 1996, Proclamations 13 and R.21 of 1997 and Proclamations 6 and 7 of 1998 - 14 Verify source ↗
Schedule 2 to this Act is hereby substituted for Schedule 2 to the principal Act.
This section replaces Schedule 2 in the principal Act with Schedule 2 to this Act.
14. Schedule 2 to this Act is hereby substituted for Schedule 2 to the principal Act. Insertion of Schedule 3 to Act in Act promulgated under Proclamation 103 of 1994 5 - 15 Verify source ↗
Schedule 3 to this Act is hereby inserted after Schedule 2 to the principal Act, the
This provision inserts Schedule 3 after Schedule 2 in the principal Act and renumbers the existing Schedule 3 as Schedule 4.
15. Schedule 3 to this Act is hereby inserted after Schedule 2 to the principal Act, the existing Schedule 3 becoming Schedule 4. Amendment of section 6 of Act 46 of 1997 - 16 Verify source ↗
Section 6 of the Public Service Commission Act, 1997, is hereby amended by the
The President may set the pay and other appointment conditions for the chairperson, deputy chairperson, and any other commissioner, but those terms may not be worsened during the person’s term of office.
16. Section 6 of the Public Service Commission Act, 1997, is hereby amended by the substitution for subsection (1) of the following subsection: “(1 )[(a)] The President may from time to time determine the remuneration and other conditions of appointment of the chairperson, the deputy chairperson and any other commissioner, and such remuneration and conditions of appointment shall not be altered to his or her detriment during his or her term of office. [(b) The other conditions of appointment as determined by the President shall not be less favorable than the conditions of service of a head of a department] ’.. Amendment of section 34 of Act 47 of 1997, as amended by section 3 of Act 93 of 1997 - 17 Verify source ↗
Section 34 of the Public Service Laws Amendment Act. 1997, is hereby amended
This section amends an earlier Act so certain misconduct, complaint, and grievance proceedings continue as if the amendment had not happened, and it changes how references to the Commission are read.
17. Section 34 of the Public Service Laws Amendment Act. 1997, is hereby amended by the substitution for paragraph (b) of subsection (1) of the following paragraph: ‘.(b) [any inquiry into inefficiency and] any proceedings in respect of [a charge of misconduct or] a complaint or grievance instituted or commenced under the principal Act. shall be continued and concluded as if the principal Act had not (i) been amended by this Act. and for that purpose, a reference[— in the provisions relating to ine5ciency or misconduct. to the Commission shall be construed as a reference to the said Minister: in the provisions relating to a complaint or grievance. to the Commission shall be construed as a reference to the Public Service Commission established by section 196( 1 ) of the Constitution of the Republic of South Africa. 1996 (Act No. 108 of 1996).’.. (ii)] Savings - 18 Verify source ↗
Notwithstanding-
This section preserves certain inefficiency and misconduct proceedings, gives related provisions the status of a binding collective agreement, and sets some commencement rules.
18. Notwithstanding- (a} the amendment of the principal Act by the Public Service Laws Amendment Act. 1997 (Act No. 47 of 1997), and the repeal of Chapter VI of the principal Act by this Act. any inquiry into inefficiency and any proceedings in respect of a charge of misconduct instituted or commenced under the principal Act shall be continued and concluded as if the principal Act had not been so amended and repealed, and for that purpose, a reference in the provisions relating to inefficiency and misconduct, to the Commission shall be construed as a reference to the Minister for the Public Service and Administration: (b) the repeal of Chapter VI of the principal Act by this Act. the provisions relating to inefficiency and misconduct shall have the effect and status of a collective agreement which is binding on the State, the parties to the Public Service Co-ordinating Bargaining Council and all employees in the public service affected thereby. and for the purposes of the said provisions- (i) section 19 of the principal Act shall be deemed to have been amended— (aa) by the substitution for subsection (1) of the following subsection: 10 15 ~o ~~ 30 35 40 45 16 No. 19410 GOVERNMENT GHETTE, 30 OCTOBER 1998 Act No. 86, 1998 PUBLIC SERVICE LAWS AMENDMENT ACT, 1998 “(l) If an executing authority has reason to believe that a head of department is unfit for his or her duties or incapable of carrying them out efficiently, the said authority may, unless the terms and conditions of a contract contemplated in section 12(2) provide otherwise, appoint a person or persons to inquire 5 into the relevant allegations.”; and (bb) by the substitution for paragraph (b) of subsection (2) of the following paragraph: “(b) a reference in section 18(9)(a) and (10) to (12) to the executing authority shall be construed as a reference to 10 the President or, in the case of a provincial [administra- tion] office or department, tie relevant Premier; and”; (ii) section 27 of the principal Act shall be deemed to have been arnended— (au) by the substitution for paragraph (a) of subsection (1) of the following paragraph: 15 “(a) When a head of department is accused of misconduct, the relevant executing authority may, unless the terms and conditions of a contract contemplated in section 12(2) provide otherwise, appoint a person to investigate the matter and report to him or her thereon, whereupon the said authority may 20 charge that head of department with misconduct.’.; and (bb) by the substitution for paragraph (b) of subsection (2) of the following paragraph: ‘.(b) a reference in section 26 to the executing authority shall be construed as a reference to the President or, 25 in the case of a provincial [administration] office or department, the relevant Premier;”: and (iii) a matter which is required or permitted to be prescribed by regulation under the said provisions shall be deemed to be a matter which is required or permitted to be determined by collective bargaining. 30 Short title and commencement 19. (1) This Act shall be called the Public Service Laws Amendment Act, 1998, and shall. subject to subsection (2), come into operation on the date of commencement of the Public Service Laws Amendment Act, 1997 (Act No. 47 of 1997). (2) The provisions of— 35 (a) section 6 shall come into operation on a date fixed by the President by proclamation in the Ga:ette; and (b) section 16 shall be deemed to have come into operation on lj December 1997. 18 No. 19410 Act No. 86,1998 GOVERNMENT GAZE~, 30 OCTOBER 1998 PUBLIC SERVICE LAWS AMENDMENT ACT, 1998 SCHEDULE 1 (To be inserted as Schedule I to Act promulgated under fiocbmation 103 of 1994) DEPARTMENTS AND HEADS OF DEPARTMENT (Section 7(2) and (3)) tilumn 1 Column 2 Department of Agriculture Director-General: Agriculture Department of Arts, Culture, Science and Technology Director-General: Arrs, Culture. Science and Technology Department of Communications Director-General: Communications Department of Constitutional Development Director-General: Constitutional Development Department of Correctional Services Director-General: Correctional Services Department of Defence Depanment of Education Secretary for Defence Director-General: Wucation Depament of Environmental Affairs and Tourism Director-General: Environmental Affairs and Tourism Depafiment of Finance Director-General: Flrrance Department of Forelgrr Affairs Director-General: Foreign Affarrs Depament of Government Communications and Information System Director-General: Government Communications and Information System Department of Health Director-General: Health Department of Home Affairs Director-General: Home Affairs Department of Housing Department of Justice Department of Labour Director-General: Housing Director-General: Justice Director-General: Labour Department of Land Affairs Director-General: Land Affairs Department of Minerals and Energy Director-General: Minerals and Energ> Department of Public Semite and Administration Director-General: Public Service and Administration Depanment of Pubhc Works Director-General: Public Works Department of Safety and Securir) National Commissioner: South African Police Semite Department of Sport and Recreation Director-General: Sport and Recreation Department of State Expenditure Director-General: State Expenditure Department of Trade and Industg Director-General: Trade and Industr) Department of Transport Director-General: Transport Department of Water Affairs and Forest~ Director-General: Water Atiairs and Forestry Department of Welfare Director-General: Welfare National Intelligence Agency Director-General: National Intelligence Agency Office of the President Director-General: Office of the President Office of the Executive Deputy President Office of the Public Service Commission Provincial Admimstration: Eastern Cape Provincial Admlnistraoon: Free State D]rector-General: Office of the Executive Deput} President Director-General: Office of the Public Servtce Commission D]rector-Geneml: Office of the Premier of Eastern Cape Director-General: Office of the Premier of Free State Provincial Admlmstmnon: Gauteng Director-General Office C) I the Premier of Gauterrg 20 No. 19410 GOVERNMENT GME~, 30 OCTOBER 1998 Act No. M, 1998 PUBLIC SERVICE LAWS AMENDMENT ACT, 1998 Provincial Administration: Kwtiuiu-Naral Provincial Administration: Mpumalanga Provincial Administration: Northern Cap Provincial Administration: Nordrem Province Provincial Administration: Nofih West Provincial Administration: Western Cape Director-General: Office of the Premier of Kwtiulu-Natal Director-General: Office of the Premier of Mpumdanga Director-General: Office of the Premier of Northern Cap Director-General: Office of tie Premier of Northern Province Director-General: 05ce of the Premier of North West Director-General: Office of the Premier of Western Cape Souti African Secret Service Director-General: South African Secret Service SCHEDULE 2 (To be inserted as Schedule 2 to Act promulgated under fiochmation 103 of 1994) PROVINC~L DEPARTMENTS AND HEADS OF PROV~C~L DEPARTMENTS (Section 7(2) and (3)) Column 1 Column 2 &tern Cape Department of Agriculture and Land Affairs Head: Agriculture and bd Affairs Department of Eonomic Affairs. Tourism and Environment Head: Economic Affairs. Tourism and Environment Department of Educanon and Traning Head: Education and Training Depmment of Finance and Provincial Expenditure Head: Finance and Provincial Expenditure Department of Healdr Head: Health Department of Housing and Local Government Head: Houslrrg and 1.L)cal Government Department of Public Works Head: Public Worhs Department of Safety and Security Head: Safety and Security Department of Sports, Arts and Culture Head: Sports, Arts and Culture Department of Transport Department of Welfare Free State Department of Agriculture Department of Education Head: Transport Head: Welfare Head: Agriculture Head: Education Department of Environmental Affairs and Tourism Head: Environmental Affairs and Tourism Department of Finance and fionomic Affairs Head: Finance and fionomic Affairs Department of Health Head: Health Department of Local Government and Housing Head: Local Government and Housing Department of PubIic Works, Roads and Transport Head: Public Works, Roads and Transport Department of Safety and Security Head: Safety and Security Depanment of Smial Welfare Head: Social Welfare Department of Spon. Culture. Science and Technology Head: Sport. Culture, Science and Technology 2r No. 19410 GOVERNMENT GAZETTE, 30 OCTOBER 1998 Act No. 86, 1998 PUBLIC SERVICE LAWS AMENDMENT ACT, 1998 I Sauteng leparrment of Agriculture, Conserva~ion and ~nvironment Head: Agriculture, Consewation and Environment 3eparrment of Development Planning and Local Government Head: Development Planning and Local Government Department of &onomic Affairs and Finance Head: Eonomic Affairs and Finance Department of Education Department of Health Head: Wucation Head: Health Department of Housing and Land Affairs Head: Housing and Land Affairs Department of Public Transport and Roads Head: Pubic Transport and Roads Department of Safety and Security Head: Safety and Security Department of Spurt. Recreation, Arts and Culture Head: Sport, Recreation, Arts and Culture Department of Welfare and Population Development Head: Welfare and Population Development KwaZulu-Natal Department of Agriculture Head Agriculture Department of Economic Affairs and Tourism Head: honomic Affairs and Tourism Department of Education and Culture Head: Education and Culture Department of Finance Department of Health Head: Finance Head: Heal[h Department of Local Government and Housing Head: Local Government and Housing Department for Safety and Security Head: Safety and Security Department of Tradition and Environmental Affairs Head: Traditional and Environmental Affairs Depafiment of Transport Head: Transport Department of Welfare and Population Development Head: Welfare and Population Development Department of Works Head: Works Mpumalanga Department of Agriculture Head: Agriculture Department of Arts. Culture, Sport and Recreation Head: Arts. Culture. Sport and Recreation Depanment of Central Semites Head: Central Semites Department of Economic Affairs and Gaming Head: Economic Affairs and Gaming Department of Mutation Head: Education Department of Environmental Affairs and Tourism Head: Environmental Affairs and Tourism Department of Finance Department of Health and Welfare Head: Finance Head: Health and Welfare Department of Local Government. Housing and Land Adminisvation Head: Local Government, Housing and Land Administration Depment of Public Works, Roads and Transpo n Head: Public Works, Roads and Transport Department of Safety and Security Head: Safety and Security 24 No, 19410 GOVERNMENT GME~, 30 OCTOBER 1998 Act No. 86,1998 PUBLIC SERVICE LAWS AMENDMENT ACT, 1998 Northern Cape Department of ~ucation. Arts and Culture Head: Education. Ans and Culture Department of Finance, fionomic Affairs and Tourism Head: Finance. fionomic Affairs and Tourism Department of Healti, Welfare and Environment Head: Health, Welfare and Environment Department of Local Government and Housing Head: Local Government and Housing Department of Nature Conservation, A@culture and Land Reform Head: Nature Conservation, Agriculture and Land Reform Department of Safety, Security and Publlc Works Head: Safety, Security and Public Works Department of Sport, Recreation, Science, Technology and Transport Head: Spofi, Recreation, Science, Technology and Transport Northern Province Department of Agriculture, Land and Environment Head: Agriculture. Land and Environment Depanment of Education, Arts, Culture and Sport Head: ~ucation. Arts. Culture and Spon Department of Finance and Expenditure Head: Finance and Expenditure Department of Health and Welfare Head: Health and Welfare Department of Housing and Water Affairs Head: Houslrrg and Water Affairs Department of Local Government and Traditional Affairs Head: Local Government and Traditional Affairs Department of Public Works Head: Publlc Works Department of Safety and Security Head: Safet} and Securitj Depanment of Trade. Industry and Tourism Head: Trade, Indusq and Tourism Department of Transport Head: Transpon North West Depanment of Agriculture Head: Agriculture Department of Ans. Culture and Spons Head: Arts. Culture and Spons Department of Education Head: Educaoon Department of Finance and Economic Affairs Head: Finance and Economic Affairs Department of Health and Developmental Social Welfare Head: Health and Developmental Soc!al Welfare Depaflment of Local Government. Housing. Planning and Development Head: Local Government. Housing. Planning and Development Department of Public Works and Roads Head: Public Works and Roads Department of Safety and Security Head: Safety and Security Department of Tourism. Environment and Conservation Head: Tourism. Environment and Conservation Department of Transport and Civil Aviation Head: Transport and Civil Avlaoon . 26 No. 19410 GOVERNMENT G=E~. 30 OCTOBER 1998 Act No. M. 1998 PUBLIC SERVICE LAWS AMENDMENT ACT, 1998 Western Cape Department of Agncuiture Department of Community Safety Department of Economic Affairs Head: Agriculture I Head: Community Safety Head: Economic Affairs Department of Education Head: Education Department of Environmental and Cultural Affairs Head: Environmental and Cultural Affairs Department of Finance Head: Finance Department of General Administrative Services Head: General Administrative Services Department of Healti Head: Health Department of Housing and Planrrmg Head: Housing and Planning Depafiment of Labour Relations and Transformation Head: Labour Relaoons and Trarrsforrnat]on Department of Local Government Head: Local Government Department of Publlc Works Department of Social Services Head: Publlc Works Head: Social Services Department of Sport and Recreation Head: Sport and Recreation Department of Transport Head: Transpon SCHEDULE 3 (To be inserted as Schedule 3 to Act promulgated under Procbmation 103 of 1994) ORGANISATIONAL COMPONENTS AND HEADS THEREOF (Section 7(4)) Column 1 Column 2 Cenlral Staostlcai Semce Head: Centrtil Statjstlcal Ser\ ice Independent Complaints Directorate Executi$ e Director: Independent Complaints Directorate Office for Publlc Enterprises Head: Office for Public Enterprises
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