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commenced under the principal Act shall be continued and concluded as if the principal Act had not been so amended and repealed, and for that purpose, a reference in the provisions relating to inefficiency and misconduct, to the Commission shall be construed as a reference to the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