Government Gazette 15791

3 June 1994
PROCLAMATION

by the
President
of the Republic of South Africa

No. 103, 1994

RATIONALISATION OF PUBLIC ADMINISTRATION UNDER THE CONSTITUTION OF THE REPUBLIC

OF SOUTH AFRICA, 1993: REPLACEMENT OF LAWS ON PUBLIC SERVICES

Under the powers vested in me by section 237 (3) of the Constitution of

the Republic of South Africa, 1993 (Act No. 200 of 1993), I hereby replace
the laws on public services with the law as set out in the Schedule. Given
under my Hand and the Seal of the Republic of South Africa at Pretoria this
First day of June, One thousand Nine hundred and Ninety-four.

N. R. MANDELA,
President.

By Order of the President-in-Cabinet:

Z. S. T. SKWEYIYA,
Minister of the Cabinet.

SCHEDULE

REPUBLIC OF SOUTH AFRICA

PUBLIC SERVICE ACT, 1994

To provide for the organisation and administration of the public service of the
Republic, the regulation of the conditions of employment, terms of office,
discipline, retirement and discharge of members of the public service, and
matters connected therewith.

ARRANGEMENT OF SECTIONS

CHAPTER I
INTERPRETATION AND APPLICATION OF ACT

Section

1. Interpretation
2. Application of Act

CHAPTER II
ADMINISTRATION

3. Public Service Commission

4. Transition and rationalisation of public administration
5. Implementation, rejection, referral and Treasury approval of recommend-
ations and directions of Commission
6. Powers of inspection of Commission

CHAPTER III
ORGANISATION AND STAFF

7. Public service, departments and heads of department

8. Composition of public service

CHAPTER IV
APPOINTMENT, PROMOTION AND TRANSFER
 9. Powers of executing authority
10. Qualifications for appointment
11. Appointments and filling of posts
12. Appointment of heads of department
13. Appointment, transfer and promotion on probation
14. Transfers within public service
15. Transfer and secondment of officials

CHAPTER V
TERMINATION OF SERVICE

16. Retirement and retention of services

17. Discharge of officers

CHAPTER VI
INEFFICIENCY AND MISCONDUCT

18. Inefficient officers

19. Inefficient heads of department
20. Misconduct
21. Investigation of charge of misconduct
22. Steps after investigation by investigating officer
23. Hearing of charge of misconduct
24. Proceedings after hearing
25. Other steps against officer charged
26. Appeal against decision of presiding officer or head of department
27. Misconduct of heads of department

CHAPTER VII
OBLIGATIONS, RIGHTS AND PRIVILEGES OF OFFICERS AND EMPLOYEES

28. Rights and obligations

29. Saving regarding rights and obligations
30. Other work by officers and employees
31. Unauthorized remuneration
32. Assignment of other functions to officers and employees
33. Cession of emoluments
34. Reduction of salaries
35. Grievances and requests of officers and employees
36. Political rights of officers and employees

CHAPTER VIll
MISCELLANEOUS

37. Remuneration of officers and employees

38. Wrongly granted remuneration
39. Limitation of actions
40. Limitation of liability
41. Regulations
42. Public Service Staff Code
43. Repeal of laws and savings
44. Short title
SCHEDULE 1

DEPARTMENTS AND HEADS OF DEPARTMENT

SCHEDULE 2

ORGANISATIONAL COMPONENTS AND POSTS CONTEMPLATED IN

SECTION 7 (4)

SCHEDULE 3
 LAWS REPEALED BY SECTION 43 (1)

CHAPTER I

INTERPRETATION AND APPLICATION OF ACT

Interpretation

1. (1) In this Act, unless the context indicates otherwise-

(i) "agreement" means an agreement as defined in section 1 of the Public

Service Labour Relations Act, 1993 (Act No. 102 of 1993); (xv)

(ii) "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; (x)

(iii) "central level" means the central level as defined in section 1 of

the Public Service Labour Relations Act, 1993; (xxiii)

(iv) "Commission" means the Public Service Commission established by

section 209 of the Constitution and, in relation to any power or
function conferred upon, assigned to or imposed upon the Commission by
this Act, the Commission Act or any other law, includes any member or
members of the Commission or any officer or officers to whom the exer-
cise of such power or the performance of such function has been
delegated by the Commission in terms of section 210 (1) (d) of the
Constitution or section 5 (2) of the Commission Act; (xi)

(v) "Commission Act" means the Public Service Commission Act, 1984 (Act No.
65 of 1984), as adapted by Chapter 13 and section 238 (3) and (6) of
the Constitution; (xii)

(vi) "Constitution" means the Constitution of the Republic of South Africa,

1993 (Act No. 200 of 1993); (vi)

(vii) "Council" means the Public Service Bargaining Council as defined in

section 1 of the Public Service Labour Relations Act, 1993; (xx)

(viii) "department" means a department or a provincial administration

referred to in section 7 (2); (ii)

(ix) "educator" means a teacher or other person performing education

functions at a state educational institution; (xvii)

(x) "employee" means a person contemplated in section 8 (1) (c); (xxxii)

(xi) "employer" means an employer as defined in section 1 of the Public

Service Labour Relations Act, 1993; (xxxi)

(xii) "executing authority", in relation to-

(a) the Office of the President, means the President;

(b) the Office of any Executive Deputy President, means the relevant
Executive Deputy President;

(c) a department or organisational component within a Cabinet port-

folio referred to in section 88 of the Constitution, means the
Minister responsible for such portfolio;

(d) the Office of a Premier of a province, means the Premier of that

province; and
 (e) a provincial department or office within an Executive Council port-
folio referred to in section 149 of the Constitution, means the
member of such Executive Council responsible for such portfolio;
(xxviii)

(xiii) "fixed establishment" means the posts which have been created for
the normal and regular requirements of a department; (xxix)

(xiv) "head of department", "head of a department" or "head of the

department" means the incumbent of a post mentioned in the second
column of Schedule 1 and includes any officer acting in such post;
(iii)

(xv) "information technology" means all aspects of technology which are

used to manage and support the efficient gathering and utilisation of
information as a strategic resource;(ix)

(xvi) "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; (xiii)

(xvii) "national department" means a department or organisational component

at the national level of government; (xiv)

(xviii) "officer" means a person who has been appointed permanently,

notwithstanding that such appointment may be on probation, to a post
contemplated in section 8 (1) (a), and includes a person contemplated
in section 8 (1) (b) or 8 (3) (c); (i)

(xix) "prescribed" means prescribed by or under this Act; (xxx)

(xx) "provincial administration" means a provincial administration referred

to in section 7 (2); (xviii)

(xxi) "provincial service commission" means a provincial service commis-

sion contemplated in section 213 (1) of the Constitution; (xix)

(xxii) public service" means the public service contemplated in section 8;

(xxv)

(xxiii) "regulation" means a regulation made or deemed to have been made

under this Act; (xxi)

(xxiv) "revenue" means the National Revenue Fund established by section 185
(1) of the Constitution, or, in relation to an officer or employee of a
provincial administration, the relevant Provincial Revenue Fund contem-
plated in section 159 (1) of the Constitution, as the case may be;
(viii)

(xxv) "salary range" means a minimum and maximum salary limit linked to a
specific level of work; (xxii)

(xxvi) "scale", in relation to salary, includes salary at a fixed rate;

(xxiv)

(xxvii) "state educational institution" means an institution (including an

office controlling such institution), other than a university or
technikon, which is wholly or partially funded by the State and in
regard to which the remuneration and service conditions of educators
are determined by law; (xxvi)

(xxviii) "the National Intelligence Services" means the Department of

National Intelligence Services established in terms of section 7 (2);
(v)
 (xxix) "the services" means-

(a) the Permanent Force of the National Defence Force;

(b) the South African Police Service; and

(c) the Department of Correctional Services; (iv)

(xxx) "this Act" includes the regulations and Public Service Staff Code
mentioned in sections 41 and 42, respectively; (vii)

(xxxi) "transfer" includes a change-over to a regraded or renamed post, or

from one grade to a higher grade connected to the same post, or from
one rank to a higher rank; (xvi)

(xxxii) "Treasury" means-

(a) the Minister of Finance or a duly authorised officer in the Depart-

ment of State Expenditure; or

(b) the member of an Executive Council of a province responsible for

the treasury function in that province, or a duly authorised
officer in a provincial administration, as the case may be.
(xxvii)

(2) Any reference in this Act to a reduction in a scale of salary or

salary, in relation to an officer, shall be construed as including a
reference to the application of a scale of salary which is lower than the
scale previously applied as regards the maximum of the scale, or to a salary
which is lower in comparison with a salary which would have applied at any
time prior to that reduction, as the case may be, and a reference in that
connection to a reduction in grade or to a grade being lower than another
grade shall be construed correspondingly. Application of Act

2. (1) Except in so far as this section provides otherwise and except where
it is inconsistent with the context or clearly inappropriate, the provisions
of this Act shall apply to or in respect of officers and employees whether
they are employed within or outside the Republic, and in respect of persons
who were employed in the public service or who are to be employed in the
public service.

(2) Where persons employed in the services or state educational institutions

are not excluded from the provisions of this Act, those provisions shall apply
only in so far as they are not contrary to the laws governing their employment.

(3) Where persons employed in the National Intelligence Services are not
excluded from the provisions of this Act, those provisions shall apply only in
so far as they are not contrary to the laws governing their service, and those
provisions shall not be construed as derogating from the powers or duties
conferred or imposed upon the National Intelligence Services.

(4) The provisions of this Act shall not apply in respect of the employment
by the State of persons whose appointment, remuneration and other conditions
of service may, in terms of any law, be made or determined by an executing
authority or other person without the recommendation of the Commission first
having been obtained.

(5) (a) All posts established in terms of a law repealed by this Act and
existing immediately before the commencement of this Act, and all
authorisations for employment of persons additional to such posts issued in
terms of such a law and in force immediately before such commencement, shall
save where clearly inappropriate, be deemed to have been established or issued
under this Act.
 (b) All persons who immediately before the commencement of this Act were,
by virtue of a law repealed by this Act, officers or employees in an
institution referred to in section 236 (1) of the Constitution, shall
remain in employment and shall from that commencement be deemed,
without break in service, to be officers or employees, as the case may
be, and the provisions of this Act shall apply to or in respect of
those officers or employees.

(6) The Commission shall exercise the powers and perform the functions set
out in this Act in respect of a province, except where, and to the extent to
which the said powers and functions are exercised by a provincial service
commission in terms of section 213 of the Constitution, subject to the norms
and standards applying nationally as contemplated in that section.

CHAPTER II

ADMINISTRATION

Public Service Commission

3. (1) The Commission shall in addition to the powers and functions entrusted
to it in terms of section 21 0 of the Constitution have the powers and
functions set out in this Act or any other law, and shall exercise such powers
and perform such functions in accordance with the provisions of section 212 of
the Constitution.

(2) (a) Subject to the provisions of the Commission Act, the Commission may-

(i) make recommendations or give directions on all matters not specifically

provided for in this Act or any other law, but not inconsistent
therewith, relating to or arising out of personnel practices as well as
the employment and other career incidents of and the conditions of
service generally of officers and employees in the public service;

(ii) make recommendations or give directions on all matters relating to or

arising from the employment and, in general, the conditions of service,
of former officers and employees while they were officers and
employees, in respect of which it may, under the provisions of this Act
or any other law, make recommendations or give directions in the case
of serving officers and employees.

(b) A recommendation or direction contemplated in paragraph (a) (ii) may not

be to the detriment of a former officer or employee, and the Commission may
not make such a recommendation or give such a direction in respect of any
former officer or employee after the expiry of a period of two years after he
or she ceased to be an officer or employee.

(3) The Commission may make recommendations-

(a) regarding the establishment or abolition of departments, the functions

of departments, the transfer of functions from one department to
another or from a department to any other body or from any other body
to a department;

(b) regarding the establishment or abolition of subdepartments, branches,

offices or institutions;

(c) regarding the control, organisation or readjustment of departments,

sub-departments, branches, offices or institutions;

(d) regarding the number, grading, regrading, designation, redesignation or

conversion of posts on the fixed establishment;

(e) regarding the number of persons to be employed temporarily or under a

 special contract, whether in a full-time or a part-time capacity-

(i) against posts on the fixed establishment which are not perma-
nently filled;

(ii) additional to the fixed establishment, either by reason of the

absence of the incumbent of any post, or when it is necessary to
provide staff for the performance of a class of work for which
staff is not ordinarily employed on a permanent basis, or when it
is necessary for any other reason to increase temporarily the staff
of any department;

(f) when it considers it necessary, regarding the employment of a person or

the continued employment of an officer in or against a post graded
higher or lower than his or her own grade, or additional to the fixed
establishment;

(g) in order to promote effectiveness, efficiency and effect economies in

the management and functioning of departments, subdepartments,
branches, offices and institutions by -

(i) improved organisation, procedure and methods;

(ii) improved supervision;
(iii) simplification of work and the elimination of unnecessary work;
(iv) the utilisation of information technology;
(v) co-ordination of work;
(vi) limitation of the number of officers and employees of depart-
ments, subdepartments, branches, offices and institutions, and the
utilisation of the services of officers and employees to the best
advantage;
(vii) the training of officers and employees;
(viii) improved work facilities;
(ix) the promotion of sound labour relations;
(x) any other action it may consider essential;

(h) regarding the scales of salaries, wages or allowances of all the

various classes, ranks and grades of officers and employees, as well as
salary ranges in respect of particular classes, ranks and grades of
officers and employees;

(i) regarding the person to be appointed or promoted, when it is necessary

to make any appointment in or promotion of a person to a post in the A
division, or, when it considers it necessary, regarding the promotion
of an officer to a higher rank; regarding regulations to be made under
section 41 (1); and

(k) regarding a code of conduct applicable to members of the public

service.

(4) The Commission may give directions-

(a) regarding-

(i) the requirements as to the age of persons, and the educational,

language and other qualifications to be possessed by them for
purposes of appointment, transfer or promotion in or to the public
service, where those requirements or qualifications are not
prescribed by or under this Act or any other law;

(ii) the classes of posts and positions in respect of which, the

circumstances under which and the conditions on which an
executing authority, or any officer to whom such authority has
delegated the power of appointment, transfer or promotion, may
require qualifications other than those contemplated in
 subparagraph (i);

(b) regarding the health requirements to which a person shall conform

before he or she may be appointed as an officer;

(c) when it considers it necessary, regarding the security requirements

with which officers and employees shall comply;

(d) regarding the training which officers and employees have to undergo;

(e) regarding information technology.

(5) (a) The Commission -

(i) shall keep a record of officers employed in posts in the A

division;
(ii) shall inquire into the grievances of officers and employees and,
subject to the provisions of this Act, shall make such
recommendations thereon as it may think fit;
(iii) shall, when it deems it necessary, provide training or cause
training to be provided or conduct examinations or tests or cause
examinations or tests to be conducted, as it may direct or as may
be prescribed as a qualification for the appointment, promotion or
transfer of persons in or to the public service, and may, on such
conditions as the Treasury may approve, establish a training fund,
financed by donations and grants, to promote such training;
(iv) may issue directives which are not contrary to this Act to
elucidate or supplement any regulation;
(v) may, notwithstanding anything to the contrary in any law contained,
make a recommendation regarding the establishment or operation of,
but excluding the management of and control over, any pension,
housing or other scheme which is or will be a condition of service
of officers and employees, but which has not or will not be
established by or under this Act;
(vi) may make recommendations and give directions to ensure clarity in
respect of the jurisdiction of the Commission vis-a-vis that of a
provincial service commission.

(b) Notwithstanding the provisions of section 5 (5), the provisions of

section 5 (2) apply mutatis mutandis in respect of a recommendation in
terms of paragraph (a) (v) of this subsection.

(6) The provisions of subsections (3) (i) and (5) (a) (i) apply mutatis
mutandis in respect of such employees as the Commission may direct.

Transition and rationalisation of public administration

4. (1) The Commission shall, in order to effect the transition and

rationalisation of public administration as contemplated in sections 236, 237
and 238 of the Constitution, in addition to any powers assigned to it in or
in terms of any other act, have the power, subject to the relevant provisions
of the Constitution and section 5 (7) of this Act, to make recommendations,
give directions and conduct enquiries in order to establish uniformity as
regards the terms and conditions of employment of the persons employed by the
institutions referred to in section 236 (1) of the Constitution.

(2) In order to exercise the powers assigned to it in subsection (1), the

Commission shall have the power to-

(a) define classes and groups of personnel as the basis for determining
generally prevailing terms and conditions of employment applicable to
such groups and classes of personnel; and

(b) determine the terms and conditions of employment which prevail

 generally in regard to a class or group of personnel defined under
paragraph (a).

(3) In determining the terms and conditions of employment generally

prevailing in regard to a class or group of personnel contemplated in
subsection (2), the Commission shall properly take into account the percentage
of persons in a particular class or group of personnel to which a particular
term or condition of service is applicable.

(4) When uniformity of the terms and conditions of employment or any

particular term or condition of employment of a class or group of personnel
contemplated in subsection (2) has been established on the recommendation of
or by direction of the Commission, no person belonging to such a class or
group of personnel shall, subject to subsections (6) and (7), have the right
to retain a term or condition of employment which is more favourable than such
uniform term or condition of employment.

(5) In cases where a specific contract has been entered into with an
individual employed by an institution referred to in section 236 (1) of the
Constitution and such contract by itself and not by means of reference to
general terms and conditions of employment embodied in a law or measure in
terms of a law, contains particular terms and conditions of employment which
differ from the applicable uniform terms and conditions of employment, the
Commission shall not in terms of this section have the power to recommend or
direct that such particular terms and conditions of employment be changed.

(6) Notwithstanding subsections (1) and (2), the Commission shall have the
power to recommend or direct that a person or class or group of persons retain
or partially retain a particular term or condition of employment that is more
favourable than the uniform term or condition of employment applicable to the
class or group of personnel of which he or she is a member where there are
special circumstances which justify such action: Provided that any such
retention of such more favourable term or condition of employment shall not
continue for more than six months after the date with effect from which
uniformity of the relevant term or condition of employment was established in
terms of this section.

(7) The powers conferred upon the Commission by or in terms of this section
shall lapse on 27 April 1995, save in so far as any recommendation made or
direction given by the Commission before that date shall be acted upon as if
this subsection had been enacted.

Implementation, rejection, referral and Treasury approval of recom-

mendations and directions of Commission

5. (1) (a) For the purposes of this Act and any other law, a recommendation
or direction of the Commission shall be deemed -

(i) to have been made or given on the date of the written communication
conveying that recommendation or direction;
(ii) in the case of a recommendation, to have been implemented by the
relevant executing authority on the date of the written
communication by such authority conveying his or her approval of
the said recommendation to the person or body affected thereby;
(iii) in the case of a direction, to have been implemented on the date
on which such direction is given.

(b) Where an executing authority has to determine a date for the

commencement of a recommendation, it shall be a date within six months
from the date referred to in paragraph (a) (i).

(2) (a) Subject to the provisions of subsection (6), any recommendation or

direction of the Commission may be withdrawn or varied or further varied by
the Commission, or, subject to the provisions of subsection (4), may be
rejected by the President and referred back to the Commission before it has
been implemented, at any time within a period of six months from the date upon
which it was made, given or varied or further varied by the Commission, as the
case may be.

(b) Subject to the provisions of subsection (6), every recommendation or

direction of the Commission shall-

(i) if the President has rejected it, be referred back to the

Commission;
(ii) if the President has refused to reject it, be carried out as made,
given or varied by the Commission, forthwith by the relevant
executing authority;
(iii) if the period contemplated in paragraph (a) has expired, and it
has not been carried out or withdrawn by the Commission or rejected
by the President, be implemented as made, given or varied by the
Commission, forthwith by the relevant executing authority.

(3) For the purposes of subsection (2) regarding the rejection by the
President of a recommendation or direction of the Commission, any refusal or
failure by the Commission to make a recommendation or give a direction is
deemed to be a recommendation or direction of the Commission.

(4) An application for the rejection of a recommendation or direction

contemplated in subsection (2) shall not be made to the President unless the
department in question has given the Commission at least 14 days notice of its
intention so to apply, and that notice shall set forth the grounds upon which
the department intends to base its application.

(5) (a) The provisions of subsection (2) shall not preclude the Commission
from withdrawing or varying at any time, subject to the provisions of
subsections (6), (7) and (8) (b) and the provisions of section 34, any
recommendation or direction regarding the employment or conditions of service
of persons, even if service benefits are thereby reduced or persons deprived
of service benefits.

(b) The provisions of subsection (2) shall apply mutatis mutandis in

respect of a recommendation or direction of the Commission regarding
any matter relating to persons other than those contemplated in section
8 (1), irrespective of whether the recommendation or direction relates
to a particular person or not.

(6) (a) A recommendation or direction by the Commission involving expenditure

from the National Revenue Fund or a Provincial Revenue Fund, shall not be
carried out unless the Treasury approves the expenditure.

(b) The Treasury may, in its discretion and upon such conditions as it may
determine, delegate its power to approve such expenditure, to any
officer.

(7) Where a power or function of the Commission, the Department of State

Expenditure, any other department, an executing authority, a head of a
department or any person acting under delegated authority in terms of this Act
or any other applicable law, relates to a matter of mutual interest as
contemplated in section 13 (1) of the Public Service Labour Relations Act,
1993 (Act No. 102 of 1993), it, he or she shall, in respect of such a matter
and in terms of the provisions of section 13 (6) of the said Act, only make a
recommendation, give a direction or take a decision or amend existing
provisions and measures, if any, in terms of an agreement negotiated on such a
matter in the relevant chamber of the Council.

(8) Notwithstanding subsection (7)-

(a) the Commission, or any department or person mentioned in subsection

 (7), may deal with the case of an individual in terms of the provisions
of this Act or any other applicable law by making a recommendation,
giving a direction or taking a decision: Provided that where such a
recommendation, direction or decision constitutes a deviation from an
agreement on a matter of mutual interest as contemplated in section 13
(1) of the Public Service Labour Relations Act, 1993, it shall not
derogate from or annul such an agreement or the collective bargaining
relationship, or reduce the individu al's remuneration, service
benefits or worker compensation, or deprive such individual of his or
her remuneration, service benefits or worker com pensation, except in
accordance with the provisions of section 34 of this Act; or

(b) the Commission or any department or person involved in negotiations

within the chamber of the Council at central level may, in terms of
section 13 (7) of the Public Service Labour Relations Act, 1993,
implement the last offer on a specific matter made by the employer in
the said chamber if a deadlock in negotiations is reached, by making a
recommendation, giving a direction or taking a decision in terms of the
provisions of this Act, the Commission Act or any other applicable law,
provided such recommendation, direction or decision does not have the
effect of reducing existing remuneration, service benefits or worker
compensation, except in accordance with the provisions of section 34 of
this Act.

Powers of inspection of Commission

6. (1) The Commission may inspect departments and has access to such official
documents, and may obtain such information from heads of department and other
officers and employees and other persons in the service of departments, as in
the opinion of the Commission may be necessary for the exercise of its powers
or the performance of its functions in terms of this Act or any other law.

(2) When a member or the members of the Commission contemplated in section 5

(2) (a) (i) of the Commission Act, is or are inspecting a department in terms
of subsection (1) of this section, he or she has or they shall for that
purpose have the powers conferred upon the Commission by section 8 of that
Act, and in the application of that section in relation to such an
inspection, a reference therein to the Commission shall be construed as a
reference to the member or members conducting the inspection.

(3) The Commission may designate any officer appointed under section 9 (1) of
the Commission Act to inspect a department in terms of subsection (1) of this
section, and any officer so designated, has the powers conferred upon the
Commission by this section.

CHAPTER III

ORGANISATION AND STAFF

Public service, departments and heads of departments

7. (1) The public service established by section 212 (1) of the Constitution
shall be structured and organised as provided for in this Act.

(2) For the purposes of the administration of the public service there shall
be national departments and provincial administrations mentioned in the first
column of Schedule 1, as well as the organisational components mentioned in
the first column of Schedule 2.

(3) (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 of Schedule 1 opposite the name
of the relevant department, or the officer who is acting in that post.
 (b) 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.

(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 Schedule 2 opposite the name of the relevant
organisational component, or the officer who is acting in that post, shall,
for the purposes of the application of the provisions of 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

reason only of such incumbency be entitled to the conditions of service
of the incumbent of a post referred to in subsection (3).

(5) The President may, after the Commission has made a recommendation, amend
Schedule 1 or 2 by proclamation in the Gazette, and which amendment, if he or
she deems it necessary, may be effected retrospectively to the date of the
recommendation of the Commission.

Composition of public service

8. (1) The public service shall consist of persons who-

(a) hold posts on the fixed establishment-

(i) classified in the A division and the B division;

(ii) in the services;
(iii) in the National Intelligence Services; and
(iv) in state educational institutions;

(b) (i) having ceased to hold posts on the fixed establishment contem-
plated in paragraph (a), and not having retired or having been
discharged, are employed additional to the fixed establishment or who
are deemed to continue to hold posts under the circumstances
contemplated in subsection (3) (c);
(ii) are appointed permanently additional to the fixed establishment;

(c) (i) hold posts on the fixed establishment other than posts referred to
in paragraph (a);
(ii) are employed temporarily or under a special contract in a depart-
ment, whether in a full-time or part-time capacity, additional to
the fixed establishment or in vacant posts on the fixed
establishment.

(2) The A and B divisions shall consist of such posts as the Commission may
direct to be included therein.

(3) (a) The Commission may direct that any post included in one division
shall be removed from that division and be included in the other division, or
that any post included in the A or B division shall be excluded from both
those divisions.

(b) A direction under this subsection shall not deprive any officer of any
leave or other prescribed privilege or right which arose from the
occupancy by him or her of a post in one of the said divisions.

(c) Any officer whose post has been excluded from both the divisions
aforementioned shall, for the purposes of this Act and the Government
Service Pensions Act, 1973 (Act No. 57 of 1973), be deemed to continue
to hold a post in the division in which his or her post was included
 immediately before the direction whereby such exclusion was effected
came into force.

CHAPTER IV

APPOINTMENT, PROMOTION AND TRANSFER

Powers of executing authority

9. (1) Without derogating from the functions of the Commission in terms of

this Act, the appointment of any person or the promotion or transfer of any
officer or employee in the employ of a national department or provincial
administration shall be made by the relevant executing authority or by an
officer or officers to whom such authority has delegated his or her power of
appointment, promotion or transfer.

(2) Subject to the provisions of this Chapter, appointments and promotions

in, and transfers in or to, the public service shall be made in such manner
and on such conditions, including conditions regarding the knowledge of
official and other languages, as may be prescribed, or, in so far as they are
not prescribed, as may be directed by the Commission.

Qualifications for appointment

10. (1) No person shall be appointed permanently or be transferred and

appointed permanently under section 1 5 (1), whether on probation or not, to
any post in the A or B division unless he or she -

(a) is a South African citizen;

(b) is of good character; and

(c) in so far as his or her condition of health is concerned, complies with

such requirements as may be directed by the Commission under section 3
(4) (b).

(2) Notwithstanding the provisions of subsection (1) (c), a person may be

appointed on probation, but his or her appointment shall not be confirmed
unless he or she complies with the requirements contemplated in that
paragraph.

Appointments and filling of posts

11. (1) In the making of any appointment or the filling of any post in the
public service -

(a) no person who qualifies for the appointment, transfer or promotion

concerned shall be favoured or prejudiced;

(b) only the qualifications, level of training, merit, efficiency and

suitability of the persons who qualify for the appointment, promotion
or transfer in question, and such conditions as may be determined or
prescribed or as may be directed or recommended by the Commission for
the making of the appointment or the filling of the post, shall be
taken into account.

(2) For the filling of any post in the A division, the Commission shall,
subject to the provisions of subsection (1), recommend either-

(a) the transfer or promotion of an officer; or

(b) if the post cannot satisfactorily be filled by such a transfer or

promotion, the appointment of a person who is not an officer.
Appointment of heads of department

12. (1) Subject to the provisions of this Chapter and of Chapters V and VI-

(a) (i) a person who is appointed as an officer in the office of head of

department;
(ii) an officer who is promoted or transferred to that office; or
(iii) an officer who, at the commencement of this Act, occupies such an
office for a fixed term under a law repealed by this Act, shall in
the case of a person referred to in subparagraph (i) or (ii),
occupy that office for a period of five years, or such shorter
period as the relevant executing authority may, subject to the
provisions of subsection (3), approve from the date of his or her
appointment, promotion or transfer, and, in the case of a person
referred in subparagraph (iii), occupy that office for the
unexpired portion of the term for which he or she was appointed as
head of department in terms of the relevant repealed law;

(b) an officer who is promoted or transferred from the office of head of

department referred to in paragraph (a) to another office of head of
department, shall occupy the latter office for the remainder of the
term of office which applies to him or her in regard to the
first-mentioned office in terms of paragraph (a), or the remainder of
any extended term in terms of paragraph (c);

(c) an officer's term of office as head of department as provided in

paragraph (a) or (b) may be extended at the expiry thereof for a period
or successive periods not exceeding five years, as the relevant
executing authority may approve, subject to the provisions of
subsection (2).

(2) (a) The relevant executing authority shall in writing inform the officer
concerned at least two calendar months before the expiry of the terms
contemplated in paragraph (a) or (b) of subsection (1) or any previously
extended term contemplated in paragraph (c) of that subsection, whether he or
she proposes to retain such officer in service for an extended term, or not.

(b) If the officer concerned is so informed of such intention to retain him

or her in service for an extended term, he or she shall in writing
inform the relevant executing authority, within one calendar month from
the date of that communication, of his or her acceptance or not of such
extended employment.

(c) If the officer concerned so informs the relevant executing authority of

his or her acceptance of extended employment, his or her term of office
as head of department shall be extended by the further period as have
been agreed to with such executing authority.

(3) Before an executing authority approves a shorter period contemplated in

sub-section (1) (a) in respect of an officer who is not a member of the
services or the National Intelligence Services, or communicates with such an
officer in terms of sub-section (2) (a), the Commission shall make a
recommendation.

Appointment, transfer and promotion on probation

13. (1) The appointment of a person and the transfer and promotion of an
officer in the A or B division shall be made on probation -

(a) unless, in the case of an appointment in-

(i) the A division, the Commission recommends otherwise; or

(ii) the B division, the person having the power to approve such an
 appointment, directs otherwise; or

(b) if, in the case of a promotion or transfer in-

(i) the A division, the Commission so recommends; or

(ii) the B division, the person having the power to approve such a
transfer or promotion, so directs.

(2) (a) Subject to paragraphs (b) and (c) of this subsection and the
provisions of subsection (4), the period of probation so recommended or
directed shall not be less than 12 calendar months.

(b) It an officer who is serving on probation is transferred or promoted to

another post, a lesser period of service on probation may be
recommended or directed in the new post, which together with the period
of probation served in the former post, shall total at least 12
calendar months.

(c) The period of probation of an officer shall be extended by the number

of days leave taken by him or her during the period of probation or any
extension thereof.

(3) If the head of the office, branch, subdepartment, institution or

department certifies that during the period of probation or extended period of
probation, the officer concerned has been diligent and his or her conduct is
uniformly satisfactory and that he or she is in all respects suitable for the
post which he or she holds, and if the officer has complied with all the
conditions to which his or her appointment, transfer or promotion was subject,
the person having the power to make the appointment, transfer or promotion
concerned, may confirm that appointment, transfer or promotion, but if the
probationary appointment, transfer or promotion is not so confirmed -

(a) the head of department shall, in the case of an officer serving in the
A division, report the reasons for the non-confirmation to the
Commission, which shall, subject to the provisions of subsection (6),
make such recommendation regarding the matter as it may deem fit;

(b) the person having the power to make the appointment, transfer or
promotion concerned may, in the case of an officer serving in the B
division, extend the period of probation or act in accordance with the
provisions of subsection (5).

(4) It the appointment or promotion of an officer is made on probation and

the only condition of such an appointment or promotion is that the officer
shall comply with the training requirements directed by the Commission, such
appointment shall, notwithstanding the provisions of subsection (2), or such
promotion shall, notwithstanding provisions to the contrary in this Act, be
deemed to have been confirmed with effect from the day immediately succeeding
the date upon which that officer complied with those requirements.

(5) (a) Notwithstanding anything to the contrary contained in subsection (2)

or in Chapter VI, but subject to the provisions of paragraph (b) and
subsection (6), an officer who is serving on probation may be discharged from
the public service by the person having the power of discharge, either during
or at or after the expiry of the period of probation -

(i) by the giving of one month's written notice to such officer; or

(ii) forthwith, if his or her conduct or performance is unsatisfactory.

(b) Before an officer serving in the A division is so discharged, the

Commission shall first make a recommendation.
 (6) (a) Notwithstanding anything to the contrary contained in sections 14 and
34, but subject to the provisions of paragraph (b), a person whose transfer or
promotion on probation is not confirmed and who immediately prior to that
transfer or promotion on probation was an officer, other than an officer on
probation, shall be transferred to the post formerly held by him or her, or to
a post of equivalent grading, and shall receive such salary as he or she would
have received in the said former post if he or she had not been transferred or
promoted on probation.

(b) In the case of the transfer of an officer serving in the A division,

the Commission shall first make a recommendation.

Transfers within public service

14. (1) Subject to the provisions of this Act, every officer or employee
may, when the public interest so requires, be transferred from the post or
position occupied by him or her to any other post or position in the same or
any other department, irrespective of whether such a post or position is in
another division, or is of a lower or higher grade, or is within or outside
the Republic.

(2) (a) The transfer of an officer or employee from one post or position to
another post or position may, subject to paragraphs (b), (c) and (d) of this
subsection and subsection (3) (d), be made on the authority of the person
having the power to transfer.

(b) In the case of a transfer from one department to another department the
approval of the persons who in respect of each of those departments
have the power to transfer, shall first be obtained.

(c) The provisions of this subsection shall not be construed as precluding

the Commission from -

(i) recommending the transfer of an officer from one post to another

post in the A division; or
(ii) recommending that an officer, other than a member of the services
or an educator or a member of the National Intelligence Services,
who occupies the office of head of department be transferred to a
post to which the provisions of section 12 do not apply during or
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), on
such conditions as the Commission may recommend.

(d) In the case of a transfer of an officer or employee from a national

department to a provincial administration or from a provincial
administration to a national department or from one provincial
administration to another provincial administration, such a transfer
shall be subject to a recommendation by the Commission in addition to
any recommendation made by a relevant provincial service commission.

(3) An officer-

(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;

(b) who has been transferred to or is employed in a post of a lower or

higher grade than his or her own grade without a change in his or her
scale of salary, shall be recommended by the Commission for transfer to
a post to which his or her scale of salary is appropriate;

(c) who has been transferred to or who is employed in a post which is

graded higher than his or her own grade, or which is regraded or
converted to a post of a higher grade than his or her own grade, shall
 not by reason only of that transfer or employment be entitled to the
higher scale of salary applicable to the post;

(d) shall not be transferred from one post to another post which is of a
higher or lower grade than his or her own grade or bears a different
designation, unless the Commission has recommended the transfer, except
where each of the two posts concerned is in the services or in the B
division;

(e) holding a post in the A or B division shall not without his or her
consent be transferred to a post in any branch of the services or in
the National Intelligence Services.

(4) A member of any of the three branches of the services shall not without
his or her consent be transferred to a post in any other of those branches or
to a post in the A or B division, and a member of the National Intelligence
Services shall not, subject to the provisions of any law regulating the
service of such a member, without his or her consent be transferred to a post
in such a division.

Transfer and secondment of officials

15. (1) A person holding a pensionable appointment in a department under any

law other than this Act, or an institution established by an Act of Parliament
and which obtains its funds directly in whole or in part from the National
Revenue Fund, may on the recommendation of the Commission be transferred to
and appointed in a post in the A or B division.

(2) A person in the service of a department under any law other than this
Act, or in the service of another government, or of a council, institution or
body established by or under any law, or of any other body or person, may on
the recommendation of the Commission be employed by another department or a
department, as the case may be, for a particular service or for a stated
period and on such conditions, other than conditions laid down by or under
any pensions law, as may be recommended by the Commission after consultation
with the employer of the person concerned and approved by the Treasury.

(3) (a) An officer or employee may with his or her consent and on the
recommendation of the Commission and on such conditions, in addition to
those prescribed by or under any law, as may be recommended by the Commission
after consultation with the Treasury, be placed at the disposal of another
government, or of a council, institution or body established by or under any
law, or of any other body or person, for a particular service or for a stated
period.

(b) Such an officer or employee remains subject to the laws applicable to

officers and employees in the public service while so placed at such
disposal.

(4) (a) A person (in this paragraph referred to as the official) in the
service of a department under any law other than this Act, or of another
government, or of a council, institution or body established by or under any
law, or of any other body or person, may, on the recommendation of the
Commission, be employed by another department or a department, as the case may
be, for a stated period and on such conditions, other than conditions laid
down by or under any pensions law, as may be recommended by the Commission
after consultation with the employer of the official and approved by the
Treasury, and in such a case, on the recommendation of the Commission and on
such conditions, in addition to those laid down by or under any law, as may be
recommended by the Commission after consultation with the Treasury, an off
icer or employee may with his or her consent and in terms of an agreement
between the department in which he or she is employed and the employer of the
official be placed at the disposal of the employer of the official for the
same period on an exchange basis.
 (b) Such an officer or employee remains subject to the laws applicable to
officers and employees in the public service while so placed at such
disposal.

CHAPTER V
TERMINATION OF SERVICE

Retirement and retention of services

16. (1) (a) Subject to the provisions of this section, an officer, other
than a member of the services or an educator or a member of the National
Intelligence Services, shall have the right to retire from the public
service, and shall be so retired, on the date when he or she attains the age
of 65 years.

(b) If such an officer attains the said age after the first day of a month,
he or she shall be deemed to have attained it on the first day of the
following month.

(2) (a) Notwithstanding the provisions of subsection (1), an officer or

employee, other than a member of the services or an educator or a member of
the National Intelligence Services, who is in employment with effect from a
date prior to 1 October 1993 in terms of a law repealed by this Act, shall, in
accordance with section 212 (7) (b) of the Constitution, have the right to
retire from the public service at or at any time after the retirement age
applicable to him or her as at 1 October 1993, and that retirement age shall
not be changed without his or her consent.

(b) An officer who has the right to an earlier retirement age in terms of
paragraph (a), and who wishes to be so retired, shall give written
notification to his or her head of department of his or her wish to be
so retired, and he or she shall -

(i) if that notification is given at least three calendar months prior

to the date on which he or she attains the retirement age
applicable to him or her in terms of paragraph (a), be so retired
on the date on which he or she attains that age or, if he or she
attains it after the first day of a month, on the first day of the
following month; or

(ii) it 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 the fourth month after the month in
which the notification is received.

(c) (i) In the case of an officer who occupies the office of head of
department, he or she shall give notification of his or her wish to be
retired from the public service at least six calendar months prior to
the date on which he or she attains the said age, and if he or she has
so given notification, the provisions of paragraph (b) (i) apply
mutatis mutandis.

(ii) If such an officer has not so given notification at least six

calendar months prior to the date on which he or she attains the
said age, he or she shall be so retired on the first day of the
seventh month following the month in which that notification is
received.

(3) (a) Subject to the provisions of this section, section 12 (2) (a) and
section 14, 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 section 12 (1) (a) or (b), or of any
extended term contemplated in section 12 (1) (c), as the case may be.
 (b) If an officer retires or is retired in terms of paragraph (a), he or
she shall be deemed to have been discharged from the public service in
terms of section 17 (2) (b).

(4) An officer, other than a member of the services or an educator or a

member of the National Intelligence Services who has reached the age of 60
years may, subject in every case to the recommendation of the Commission and
the approval of the relevant executing authority, be retired from the public
service.

(5) (a) An executing authority may, at the request of an officer occupying

the office of head of department and, if the officer is not a member of the
services or an educator or a member of the National Intelligence Services,
subject to a recommendation of the Commission, 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), and
notwithstanding the absence of any reason for discharge in terms of section 17
(2), if a reason exists which such authority deems sufficient.

(b) If an officer is allowed to retire from the public service in terms of

paragraph (a), 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.

(6) (a) An executing authority may, at the request of an officer and subject
to a recommendation of the Commission, notwithstanding the absence of any
reason for discharge in terms of section 17 (2), allow him or her to retire
from the public service if in the opinion of such authority a sufficient
reason exists therefor and the retirement will be to the advantage of the
State.

(b) The provisions of subsection (5) (b) shall mutatis mutandis apply to
any officer who is allowed to retire from the public service in terms
of paragraph (a).

(7) If it is in the public interest to retain an officer, other than a member

of the services or an educator or a member of the National Intelligence
Services, in his or her post beyond the age at which he or she is required to
retire or to be retired in terms of subsection (1), he or she may with his or
her consent be so retained from time to time, on the recommendation of the
Commission and with the approval of the relevant executing authority, for
further periods which shall not, except with the approval, by resolution, of
Parliament, exceed in the aggregate two years.

Discharge of officers

17. (1) (a) Subject to paragraphs (b) and (c) of this subsection, subsection
(6) of this section and section 19 (1 1) of the Public Service Labour
Relations Act, 1993 (Act No. 102 of 1993), the power to discharge an officer
or employee shall vest in the relevant executing authority, who may delegate
that power to an officer.

(b) Notwithstanding paragraph (a), the power to discharge an officer,

excluding a head of department, in terms of subsection (2) (e), shall
be vested in the head of department.

(c) In the case of an officer holding a post in the A division, except

where it is contemplated to discharge him or her in terms of subsection
(2) (e) or to terminate his or her services in terms of section 19 (1
1) (c) of the Public Service Labour Relations Act, 1993, the Commission
shall first make a recommendation for his or her discharge.
 (2) Every officer, other than a member of the services or an educator or a
member of the National Intelligence Services, may be discharged from the
public service-

(a) on account of continued ill-health;

(b) owing to the abolition of his or her post or any reduction in or

reorganisation or readjustment of departments or offices;

(c) if, for reasons other than his or her own unfitness or incapacity, his
or her discharge will promote efficiency or economy in the department
or office in which he or she is employed, or will otherwise be in the
interest of the public service;

(d) on account of unfitness for his or her duties or incapacity to carry

them out efficiently;

(e) on account of misconduct;

(f) if, in the case of an officer appointed on probation, his or her

appointment is not confirmed;

(g) on account of misrepresentation of his or her position in relation to a

condition for permanent appointment;

(h) if his or her continued employment constitutes a security risk for the
State; and

(i) if the President or a Premier appoints him or her in the public

interest under any law to an office to which the provisions of his Act
or the Commission Act do not apply.

(3) (a) If an officer is discharged under subsection (2) (g), he or she shall
be deemed to have been discharged under subsection (2) (e).

(b) If an officer is discharged under subsection (2) (h), he or she shall

be deemed to have been discharged under subsection (2) (d).

(c) If the services of an officer is terminated under section 19 (1 1) (c)

of the Public Service Labour Relations Act, 1993, he or she shall be
deemed to have been discharged under subsection (2) (e).

(4) (a) The services of an officer who occupies a post in the A or B division
may, notwithstanding the absence of any reason for discharge in terms of
giving of notice in writing, and that notice shall, in the case of an officer
with less than 10 years' continuous service, be one month, and in the case of
an officer with 10 year's or more continuous service, be three months.

(b) A recommendation in terms of paragraph (a) in respect of an officer in

the A division shall be made only after the officer concerned has been
afforded an opportunity of making representations with regard to his or
her position to the Commission and after the Commission has given due
consideration to any representations made by the officer.

(c) In the application of paragraph (a) to an officer in the A division the

relevant executing authority may delegate the power conferred upon him
or her by subsection (1) only to the head of the department concerned.

(5) (a) (i) An officer, other than a member of the services or an educator or
a member of the National 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 discharged 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.

(ii) If such an officer assumes other employment, he or she shall be

deemed to have been discharged as aforesaid irrespective of whether
the said period has expired or not.

(b) If an officer who is deemed to have been so discharged, reports for

duty at any time after the expiry of the period referred to in
paragraph (a), the Commission may, notwithstanding anything to the
contrary contained in any law, recommend that, subject to the approval
of the relevant executing authority, he or she be reinstated in the
public service in his or her former or any other post or position on
such conditions as the Commission may recommend, 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 Commission may recommend.

(6) If it is in the public interest to appoint an officer under any law to an

office to which the provisions of this Act or the Commission Act do not apply,
the President or a Premier may so appoint him or her to that office and may
discharge him or her from the public service without the Commission first
having made a recommendation for his or her discharge.

CHAPTER VI
INEFFICIENCY AND MISCONDUCT

Inefficient officers

18. (1)If a head of department reports to an executing authority that any

officer, other than an officer who occupies a post in the B division or a
member of the services or an educator or a member of the National Intelligence
Services, in his or her department is, in his or her opinion, unfit for his
or her duties or incapable of carrying them out efficiently, such authority
shall appoint an officer to inquire into those allegations, and if such a
report is made to a head of department by an officer designated in terms of
section 6 (3) to inspect departments, the head of department shall, within one
calendar month of the date on which he or she received it, sent it to the said
authority, who shall appoint an officer to inquire into those allegations.

(2) If an inquiry is to be held in terms of subsection (1), the officer

concerned shall be notified in writing thereof, and thereupon he or she shall
have the right-

(a) to a written statement setting out the grounds on which he or she is

alleged to be unfit for his or her duties or incapable of carrying them
out efficiently;

(b) to be present at the inquiry, to be assisted or represented by another

person, to give evidence and, either personally or through a
representative -

(i) to be heard;
(ii) to call witnesses;
(iii) to cross-examine any person called as a witness in support of the
said allegations; and
(iv) to have access to documents produced in evidence.

(3) At the conclusion of the inquiry, the officer concerned shall be notified
of the finding of the officer conducting the inquiry, and if it has been found
that he or she is unfit for his or her duties or that he or she is incapable
of carrying them out efficiently, he or she shall have the right to appeal to
the Commission against that finding.
 (4) The procedure at any inquiry and the noting and hearing of an appeal
shall be as prescribed.

(5) If the officer conducting the inquiry has found that the officer
concerned is unfit for his or her duties or incapable of carrying them out
efficiently, the Commission shall, having regard to the documents relating to
the finding and any appeal, recommend to the relevant executing authority-

(a) that no further action be taken in the matter;

(b) that the officer concerned be transferred to another post or be

employed additional to the fixed establishment;

(c) that his or her salary or grade or both his or her salary and grade be
reduced to an extent recommended;

(d) that action be taken against him or her as prescribed in paragraph (b)
as well as paragraph (c); or

(e) that he or she be discharged from the public service from a date to be
fixed by the relevant executing authority.

(6) The Commission shall send the documents relating to the inquiry and,
where applicable, the appeal, together with its recommendation in terms of
subsection (5), to the relevant executing authority and such authority may act
according to the recommendation of the Commission or, subject to the
provisions of section 5, according to any other recommendation which can be
made under subsection (5).

Inefficient heads of department

19. (1) If in the opinion of an executing authority there are reasonable

grounds for believing that a head of department is unfit for his or her duties
or incapable of carrying them out efficiently, such authority shall report to
the President or, in the case of a provincial administration, the Premier of
the province, accordingly, and the President or Premier may appoint a person
or persons to inquire into the allegations.

(2) The provisions of section 18 (2) to (6) shall apply mutatis mutandis to
an inquiry in terms of subsection (1) of this section, and for that purpose a
reference in section 18 (5) and (6) to the relevant executing authority shall
be construed as a reference to the President or the relevant Premier, as the
case may be.

Misconduct

20. An officer, other than a member of the services or an educator or a

member of the National Intelligence Services, shall be guilty of misconduct
and may be dealt with in accordance with section 2 1, if he or she -

(a) contravenes any provision of this Act or fails to comply with any
provision thereof;

(b) performs or causes or permits to be performed or connives at any act

which is to the prejudice of the administration, discipline or
efficiency of any department, office or institution of the State;

(c) disobeys, disregards or makes wilful default in carrying out a lawful

order given to him or her by a person having the authority to give it,
or by word or conduct displays insubordination;

(d) is negligent or indolent in the carrying out of his or her duties;

(e) undertakes, without permission of a relevant executing authority

 (granted on the recommendation of the Commission in the case of an
officer in the A division) any private agency or private work in any
matter connected with the performance of his or her official functions
or the carrying out of his or her official duties;

(f) publicly comments to the prejudice of the administration of any depart-

ment;

(g) makes use of his or her position in the public service to promote or to
prejudice the interest of any political party;

(h) attempts to secure intervention from political or outside sources in

relation to his or her position and conditions of service in the public
service, unless it occurs in an endeavour to obtain redress of any
grievance through Parliament or a provincial legislature;

(i) conducts himself or herself in a disgraceful, improper or unbecoming

manner, or, while on duty, is grossly discourteous to any person;

(j) uses intoxicants or stupefying drugs excessively;

(k) becomes insolvent or compromises with his or her creditors, or has a

decree of civil imprisonment made against him or her by any court of
law, unless it is shown that his or her insolvency or composition or
the making of the decree has been occasioned by unavoidable misfortune;

(l) becomes pecuniarily embarrassed, unless it is shown that his or her

pecuniary embarrassment has not been occasioned by imprudence or other
reprehensible cause and is not prejudicial to the faithful carrying out
of his or her duties;

(m) without first having obtained the permission of his or her head of
department, discloses, otherwise than in carrying out his or her
official duties, information gained by or conveyed to him or her
through his or her employment in the public service, or uses that
information for any purpose other than for carrying out his or her
official duties, whether or not he or she discloses that information;

(n) accepts, without permission of a relevant executing authority (granted

on the recommendation of the Commission in the case of an officer in
the A division), or demands in respect of the carrying out of or the
failure to carry out his or her duties any commission, fee or pecuniary
or other reward (not being the emoluments payable to him or her in
respect of his or her duties), or fails to report to his or her head of
department or, if he or she is a head of department, to such authority,
the offer of such a commission, fee or reward;

(o) misappropriates or makes improper use of any property of the State

under circumstances not amounting to an offence;

(p) commits an offence;

(q) absents himself or herself from his or her office or duty without leave
or valid cause;

(r) makes a false or incorrect statement, knowing it to be false or

incorrect, with a view to obtaining any privilege or advantage in
relation to his or her official position or his or her duties, or to
causing prejudice or injury to the State or a department or the public
service or a member of the public service;

(s) contravenes any rule of the constitution of a medical aid fund or aid
scheme or aid society of which he or she is a member in terms of the
regulations, or fails to comply therewith; or
 (t) contravenes any provision of a prescribed code of conduct or fails to
comply with any provision thereof.

Investigation of charge of misconduct

21. (1) When-

(a) an officer, other than a head of department or a member of the services

or an educator or a member of the National Intelligence Services, is
accused of misconduct the head of department concerned, or an officer
in the department concerned authorised by the head of department, may;
or

(b) the Public Protector or a provincial public protector contemplated in

sections 110 and 114 of the Constitution, respectively, has
reasonable grounds to suspect that an officer contemplated in paragraph
(a) is guilty of misconduct and he or she has referred the matter to
the head of department concerned, the head of department or such an
authorised officer shall, appoint an officer (hereinafter referred to
as an investigating officer) to investigate the matter and obtain
evidence in order to determine whether there are grounds for a charge
of misconduct against the officer concerned.

(2) After the conclusion of the investigation the investigating officer

shall inform the head of department whether in his or her opinion the officer
concerned should be charged or not, and if so, what in his or her opinion the
contents of the charge in question should be.

(3) The provisions of subsections (1) and (2) shall not apply to a case
contemplated in section 19 (1 1) of the Public Service Labour Relations Act,
1993 (Act No. 102 of 1993).

Steps after investigation by investigating officer

22. (1) A head of department may in writing under his or her hand charge an
officer referred to in section 21 with misconduct, if he or she is of the
opinion that sufficient grounds for a charge of misconduct against him or her
have been found during the investigation.

(2) If the head of department is of the opinion that an investigation in

terms of section 21 is not necessary, he or she may in writing under his or
her hand charge the officer concerned with misconduct and appoint an officer
to exercise the powers of an investigating officer in terms of section 23.

(3) A head of department may delegate the powers conferred upon him or her by
subsections (1) and (2) to an officer in his or her department, in so far as
they pertain to an officer in the B division.

(4) A charge contemplated in subsection (1) or (2) shall contain or shall be

accompanied by a direction calling upon the officer charged to send or
deliver within a reasonable period specified in the direction to a person
likewise specified, a written admission or denial of the charge and, if he or
she so desires, a written explanation regarding the misconduct with which he
or she is charged.

(5) If the officer charged admits that he or she is guilty of the charge, he
or she shall be deemed to have been found guilty of misconduct as charged.

(6) If the officer charged in terms of subsection(1) or (2)-

(a) denies the charge; or

(b) fails to comply with the direction contemplated in subsection (4), the
 head of department or the officer to whom the head of department has
delegated this power shall appoint a person (in this section and
sections 23, 24 and 26 referred to as the presiding officer) to hear
the charge.

(7) An officer may at any time before or after he or she has been charged
under this section be suspended from duty on such conditions as may be
prescribed.

Hearing of charge of misconduct

23. (1) (a) An investigating officer may for the purposes of a hearing in
terms of section 22 (6) summon any person who in his or her opinion may be
able to give material information concerning the subject of the hearing. or
who he or she suspects or believes has in his or her possession or custody or
under his or her control any book, document or object which has any bearing on
the subject of the hearing, to appear before the presiding officer appointed
under section 22 (6) at the time and place specified in the summons, to be
interrogated or to produce such book, document or object.

(b) A subpoena to a person to appear before the presiding officer or to

produce a book, document or object. shall be signed by the
investigating officer or presiding officer and be served on such person
by delivering or tendering it to him or her or by sending it by
registered post to him or her.

(c) The investigating officer may retain a book. document or object so

produced, for the duration of the hearing.

(2) During a hearing an investigating officer may-

(a) lead evidence and advance arguments in support of the charge and cross-
examine witnesses; and

(b) call upon and administer an oath to or accept an affirmation from any
person present at the hearing who was or might have been summoned in
terms of subsection (1), and interrogate him or her and order him or
her to produce any book, document or object in his or her possession or
custody or under his or her control which the investigating officer
suspects or believes to have a bearing on the subject of the hearing.

(3) (a) If a person who has been summoned in terms of subsection (1), without
sufficient cause fails to attend at the time and place specified in the
subpoena, or to remain in attendance until excused by the presiding officer
from further attendance, or if a person called upon in terms of subsection (2)
(b) refuses to be sworn in or to affirm as a witness, or without sufficient
cause fails to answer fully and satisfactorily to the best of his or her
knowledge all questions lawfully put to him or her, or to produce any book,
document or object in his or her possession or custody or under his or her
control which he or she has been required to produce, he or she shall, subject
to the provisions of paragraph (b), be guilty of an offence and be liable upon
conviction to a fine not exceeding R2 000.

(b) The law relating to privilege, as applicable to a witness summoned to

give evidence or to produce a book, document or object in a civil trial
before a court of law, shall mutatis mutandis apply in relation to the
examination of, or the production of any book, document or object to
the presiding officer, by any person called in terms of this section as
a witness.

(c) A person who, after having been sworn in or having been affirmed as a
witness, gives a false statement on any matter, knowing that answer or
statement to be false, shall be guilty of an offence and liable upon
conviction to the penalties which may lawfully be imposed for the
 offence of perjury.

(d) A person who prevents another person from obeying a subpoena issued
under subsection (1), or from giving evidence or producing a book,
document or object which he or she is in terms of this section required
to give or produce, shall be guilty of an offence and liable upon
conviction to a fine not exceeding R2 000.

(4) At a hearing an officer charged has the right-

(a) to be personally present, to be assisted or represented by another

person, to give evidence and, either personally or through a
representative -

(i) to be heard;

(ii) to call witnesses;

(iii) to cross-examine any person called as a witness in support of the

charge; and

(iv) to have access to documents produced in evidence;

(b) notwithstanding a denial or failure by him or her referred to in

section 22 (6), to admit at any time that he or she is guilty of the
charge, whereupon he or she shall be deemed to be guilty of misconduct
as charged;

(c) if the misconduct with which he or she is charged amounts to an offence

of which he or she was convicted by a court of law, to show cause why
in his or her opinion he or she was wrongfully convicted.

(5) After the conclusion of the hearing the presiding officer shall make a
finding on the charge, mentioning in the case of a finding of guilty, any
aggravating and mitigating circumstances he or she may find, and make a
recommendation regarding action in terms of section 24 (2).

Proceedings after hearing

24. (1) At the conclusion of the hearing the presiding officer shall notify
the head of department concerned of his or her finding and recommendation
contemplated in section 23 (5).

(2) (a) If the officer charged is found guilty of the misconduct as charged
by the presiding officer, or if he or she admits that he or she is guilty of
the charge, the head of department shall, with due observance of the finding
and recommendation of the presiding officer in terms of section 23 (5) -

(i) caution or reprimand the officer charged;

(ii) impose upon him or her a fine not exceeding R6 000;
(iii) transfer him or her to another post or direct that he or she be
employed additional to the fixed establishment;
(iv) reduce his or her salary or grade or both his or her salary and
grade to the extent recommended;
(v) discharge him or her or direct him or her to resign from the public
service from a date to be determined by the head of department; or
(vi) postpone his or her decision under subparagraphs (i) to (v) for a
period not exceeding 12 calendar months.

(b) Except where a head of department acts under paragraph (a) (v) or (vi),
he or she may take decisions under more than one of the subparagraphs
of paragraph (a).

(3) A head of department shall notify the officer charged as soon as

 possible of the finding of the presiding officer under section 23 (5) and of
his or her decision under subsection (2) and of the officer's right of appeal
in terms of section 26.

Other steps against officer charged

25. (1) If an officer suspended from duty before or during the trial is
found not guilty, he or she may resume duty under the prescribed circumstances
and receive in the prescribed manner emoluments which were withheld during the
period of suspension.

(2) If an officer who has been directed under section 24 (2) (a) (v) to
resign, fails so to resign, he or she shall be deemed to have been discharged
as from the date determined under the said section.

(3) A fine imposed under section 24 (2) (a) (ii) may be recovered by the
deduction from the salary of the officer concerned of such instalments as the
head of department may determine.

(4) If an officer who has been charged under section 22 (1) or (2) or who has
been suspended from duty under section 22 (7) -

(a) resigns from the public service; or

(b) assumes other employment [not being remunerative work contemplated in

section 30 (b)], before the proceedings with regard to the charge of
misconduct have been finalised in accordance with section 24 or, in the
case of an appeal, in accordance with section 26, he or she shall be
deemed to have been discharged on account of misconduct.

Appeal against decision of presiding officer or head of department

26. (1) An officer charged in terms of section 22 shall have the right to
appeal to the Commission against a finding of guilty of the presiding officer
or the decision of the head of department, or both, within 21 days after the
head of department notified him or her of his or her decision in accordance
with section 24 (3).

(2) If an officer charged lodges an appeal in terms of subsection (1), the

decision of the head of department under section 24 (2) shall not be put into
effect before the Commission has issued a direction under subsection (3) of
this section.

(3) After considering an appeal in terms of subsection (1) the Commission may
direct that-

(a) the appeal be allowed;

(b) the appeal be dismissed; or

(c) any other steps mentioned in section 24 (2) (a) be taken.

Misconduct of heads of department

27. (1) (a) When a head of department is accused of misconduct, the relevant
executing authority may appoint a person to investigate the matter and report
to him or her thereon, and such authority may thereupon report the matter to
the President or, in the case of a provincial administration, to the Premier
of the province, who may direct the said authority to charge the head of
department concerned with that misconduct.

(b) It a hearing becomes necessary in terms of section 22 (6), read with

subsection (2) of this section, the President or Premier may appoint a
person to conduct the hearing.
 (2) The provisions of sections 21 to 26 shall apply mutatis mutandis to any
proceedings following upon an investigation and a direction under subsection
(1) (a) of this section, and for that purpose a reference in sections 21, 22,
24, 25 (3) and 26 (2) to the head of department shall be construed as a
reference to the relevant executing authand a reference in sections
22 (6) and 24 (2) (a) (v) to the head of department shall be construed as a
reference to the President or the relevant Premier, as the case may be, and a
reference in sections 22 (6), 23, 24 and 26 to the presiding officer
conducting the hearing, as a reference to the person appointed under
subsection (1) of this section.

CHAPTER VII
OBLIGATIONS, RIGHTS AND PRIVILEGES OF OFFICERS AND EMPLOYEES

Rights and obligations

28. An officer or employee shall fulfil the obligations imposed upon him by
this Act or any other law, and he or she shall have the rights and may be
granted the privileges which are prescribed by or under this Act or any other
law.

Saving regarding rights and obligations

29. No provision of this Act shall be construed as abrogating or derogating

from any existing, accruing or contingent right, liability or obligation of
any person flowing from any other law.

Other work by officers and employees

30. Unless it is otherwise provided for in his or her conditions of

employment-

(a) every officer and employee shall place the whole of his or her time at
the disposal of the State;

(b) no officer or employee shall perform or engage himself or herself to

perform remunerative work outside his or her employment in the public
service, without permission granted on the recommendation of the
Commission by the relevant executing authority or an officer
authorized by such authority; and

(c) no officer or employee may claim any additional remuneration in respect

of any official duty, or work which he or she performs voluntarily or
is required by a competent authority to perform.

Unauthorized remuneration

31. (1) (a) (i) If any remuneration, allowance or other reward is received
by an officer or employee in connection with the performance of his or her
work in the public service otherwise than in accordance with the provisions of
this Act or a recommendation of the Commission, or is received contrary to
the provisions of section 30 (b), that officer or employee shall pay into
revenue an amount equal to the amount of such remuneration, allowance or other
reward, or, where it does not consist of money, the value thereof as
determined by the head of department in which he or she was employed at the
time of the receipt thereof, and if he or she does not do so, it shall be
recovered from him or her by that head by way of legal proceedings or in such
other manner as the Treasury may approve, and be paid into revenue.

(ii) The officer or employee concerned may appeal against such a

determination by the head of department to the relevant executing
authority, who may make such order as he or she may think fit.
 (iii) The Commission may recommend that the officer or employee
concerned may retain the whole or a portion of the remuneration,
allowance or reward.

(b) If in the opinion of the head of department mentioned in paragraph (a)

an officer or 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 deposit-taking financial
institution 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
officer or 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.

(c) A person of financial institution contemplated in paragraph (b) who or

which fails to comply with a requirement in terms of that paragraph,
shall be guilty of an offence and liable on conviction to a fine or to
imprisonment for a period not exceeding one year.

(d) The provisions of this section shall also apply to an officer who is a
head of department, and in such a case a reference to a head of
department shall be construed as a reference to the Treasury.

(2) (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
government, or of a council, institution, body or person contemplated in
section 15 (3) or (4), shall be paid into revenue.

(b) In circumstances regarded by the Commission as exceptional, it may

recommend the payment out of revenue to the officer or employee
concerned of an amount equal to that salary, allowance, fee, bonus or
honorarium, or a portion thereof.

Assignment of other functions to officers and employees

32. An executing authority or the head of a department, branch, office or

institution may direct any officer or employee under his or her control
temporarily to perform duties other than those ordinarily assigned to such an
officer or employee or appropriate to the grade, designation or
classification of his or her post, and he or she shall comply with such a
direction.

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), 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.

Reduction of salaries

34. Subject to the provisions of section 236 (5) of the Constitution, the
salary or scale of salary of an officer shall not be reduced without his or
her consent except in terms of -

(a) the provisions of section 4 or 38 or Chapter VI of this Act, section

236 (6) of the Constitution or an Act of Parliament; or
 (b) a programme of rationalisation referred to in section 237 of the Con-
stitution.

Grievances and requests of officers and employees

35. If an officer in the A or B division has a complaint or a grievance

concerning an official act or omission, or if an officer in those divisions or
an employee wants to address a request or communication to the Commission, he
or she has the right to lodge that complaint, grievance, request or
communication with the authority concerned under the prescribed circumstances,
on the prescribed conditions and in the prescribed manner, and that authority
shall submit it to the Commission in the prescribed manner, and at the
prescribed time or within the prescribed period.

Political rights of officers and employees

36. Subject to the provisions of section 20 (g), an officer or employee may-

(a) be a member and serve on the management of a lawful political party;

(b) attend a public political meeting, but may not preside or speak at such
a meeting; and

(c) not draw up or publish any writing or deliver a public speech to

promote or prejudice the interests of any political party.

CHAPTER VIII
MISCELLANEOUS

Remuneration of officers and employees

37. (1) Subject to the provisions of section 5, officers and employees shall
be paid the salaries, wages and allowances in accordance with the scales
recommended by the Commission for their ranks and grades in terms of section 3
(3) (g).

(2) On the recommendation of the Commission, but subject to the provisions of

section 5-

(a) officers or employees or classes of officers or employees may on

appointment, transfer or promotion be paid higher salaries or wages
than the minimum amounts of the appropriate scales;

(b) officers or employees or classes of officers or employees may be

granted special advancement in salaries within the scales applicable to
them;

(c) the salary or wage of an officer or employee of exceptional ability or

possessing special qualifications or who has rendered meritorious
service, and, if it is in the interest of the public service, of any
officer or employee, may be specially advanced within the scale
applicable to him or her or may be paid a salary or wage in accordance
with a higher scale or may be granted any other fitting reward; and

(d) any special service benefit may be granted to a head of department or

class of heads of department before or at the expiry of a term
contemplated in section 12 (1) (a) or (b), or any extended term
contemplated in section 12 (1) (c), or at the time of retirement or
discharge from the public service.

Wrongly granted remuneration

38. (1) If an incorrect salary or scale of salary on appointment, transfer

or promotion, or an incorrect advancement of salary within the limits of the
 scale of salary applicable to his or her grading, was awarded or granted to an
officer or employee, or was awarded or granted at the correct notch or scale
but at a time when or in circumstances under which it should not have been
awarded or granted to him or her, the head of the department in which that
officer or employee is employed, shall correct his or her salary or scale of
salary with effect from the date on which the incorrect salary, scale of
salary or salary advancement commenced, notwithstanding the provisions of
section 14 (3) (a) and notwithstanding the fact that the officer or employee
concerned was unaware that an error had been made in the case where the
correction amounts to a reduction of his or her scale of salary or salary.

(2) 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 or awarded to him or her by reason of his or her basic salary-

(a) been underpaid, an amount equal to the amount of the underpayment shall
be paid to him or her, and that other benefit which he or she did not
receive, shall be awarded to him or her as from a current date; or

(b) been overpaid or received any such other benefit not due to him or her-

(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, 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 party in the
latter manner;

(ii) that other benefit shall be discontinued or withdrawn as from a

current date, but the officer or employee concerned shall have the
right to be compensated by the State for any patrimonial loss which
he or she has suffered or will suffer as a result of that
discontinuation or withdrawal.

(3) With the approval of the Treasury the amount of an overpayment to be

recovered in terms of subsection (2) (b) may be remitted in whole or in part.

Limitation of actions

39. (1) No legal proceedings shall be instituted against the State or any
body or person in respect of any alleged act in terms of this Act, or any
alleged omission to do anything which in terms of this Act should have been
done, unless the legal proceedings are instituted before the expiry of a
period of 12 calendar months after the date upon which the claimant had
knowledge, or after the date on which the claimant might reasonably have
been expected to have knowledge, of the alleged act or omission, whichever is
the earlier date.

(2) No such legal proceedings shall be commenced before the expiry of at

least one calendar month after a written notification, in which particulars as
to the alleged act or omission are given, of intention to bring those
proceedings has been served on the defendant.

(3) Subsections (1) and (2) shall not be construed as precluding a court of
law from dispensing with the requirements or prohibitions of those sections
where the interests of justice so require.

Limitation of liability

40. Whenever any person is conveyed in or makes use of any vehicle, aircraft
or vessel which is the property of the State, the State or a person in the
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service of the State shall not be liable to such person or his or her spouse,
parent, child or other dependant for any loss or damage resulting from any
bodily injury, loss of life or loss of or damage to property caused by or
arising out of or in any way connected with the conveyance in or the use of
such vehicle, aircraft of vessel, unless such person is so conveyed or makes
use thereof in, or in the interest of, the performance of the functions of the
State: Provided that the provisions of this section shall not affect the
liability of a person in the service of the State who wilfully causes the said
loss or damage.

Regulations

41. (1) The President may, after the Commission has made a recommendation,
make regulations regarding-

(a) the employment of persons and the transfer, promotion and continued
employment of officers and employees;

(b) the duties, powers, conduct, discipline, hours of attendance and leave
of absence of officers and employees and their other conditions of
service, including the occupation of official quarters;

(c) a code of conduct with which officers and employees shall comply;

(d) journeys on official duty and transport privileges of officers and

employees;

(e) the conditions on which and the circumstances under which remuneration
for overtime duty, and travelling, subsistence, climatic, local and
other allowances, shall be paid to officers and employees;

(f) the circumstances under which medical examination shall be required for
the purposes of any provision of this Act, and the form of medical
reports and certificates;

(g) the particular classes of officers and employees who may be required to
provide security, and the amount and form thereof;

(h) the circumstances under which, the conditions on which, and the manner
in which an officer may be found unfit for his or her duties or
incapable of carrying them out efficiently, and the conditions on which
and the manner in which he or she may appeal against such a finding;

(i) the manner of charging an officer with misconduct, the requirements

with which a presiding officer must comply, the circumstances under
which, the conditions on which, the manner in which, and the time when,
an officer may be suspended from service, the manner in which a finding
of guilty of misconduct and the contemplated action, may be appealed
against, and the hearing of such an appeal;

(j) the procedure for dealing with complaints and grievances of officers,
 and the manner in which and time when documents in connection therewith
and in connection with requests and communications of officers and
employees, shall be submitted to the Commission;

(k) medical aid to officers and employees;

(l) (i) the establishment and management of and control over a training
fund for the public service;

(ii) in general, all matters reasonably necessary for the regulation

and operation of such a fund;

(m) the general security in departments and the security requirements with
which officers and employees shall comply;

(n) all matters which shall or may be prescribed under this Act;

(o) the designation or establishment of an authority or more than one

authority and the powers of such an authority to authorize a departure
from the provisions of a regulation in respect of an officer or
employee or class of officers or employees under stated circumstances;

(p) any matter which the President may consider necessary or expedient to
prescribe in order to achieve the objects of this Act.

(2) Different regulations may be made in respect of the A and B divisions, or

to suit the varying requirements of particular departments or branches of
departments, or of particular classes of officers or employees, or of
particular kinds of employment in the public service.

(3) (a) A regulation made under this Act shall be in force unless and until
Parliament, by resolution, disapproves of the regulation, in which event the
regulation shall lapse with effect from a date to be specified in the
resolution.

(b) The lapsing of a regulation in terms of this subsection shall not

affect the validity of anything done under the regulation prior to the
date mentioned in the resolution.

(c) The provisions of this subsection shall not affect the power of the
President to make a new regulation regarding the subject dealt with by
a regulation that has lapsed in terms of paragraph (a).

Public Service Staff Code

42. (1) Subject to the provisions of section 5 (7) -

(a) any standing recommendation or direction of a general nature made or

given by the Commission; and

(b) any directive by the Commission to elucidate or supplement any

regulation, and which is not contrary to this Act, may be included in a
code called the Public Service

Staff Code.

(2) The provisions of section 41 (2) shall apply mutatis mutandis in respect
of the Public Service Staff Code.

(3) The provisions of the Public Service Staff Code shall be binding upon any
department, officer or employee in so far as they apply to that department,
officer or employee.

Repeat of laws and savings

 43. (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.

(2) Notwithstanding the repeal of the laws referred to in subsection (1), but
subject to subsections (3), (4) and (5) -

(a) any department, administration, office or other institution established

by or under or functioning in accordance with any such law, shall
continue to exist until abolished by direction of the Commission or
otherwise dealt with under this Act;

(b) any person employed immediately before the commencement of this Act by
an institution referred to in paragraph (a) or subsection (3) (a),
shall continue in such employment until he or she is dealt with in
terms of this Act, and the terms and conditions applicable to his or
her employment immediately before such commencement shall continue to
apply to him or her, subject to any alteration thereof in terms of this
Act;

(c) any recommendation made, direction given or decision taken by an

institution referred to in subsection (3) (a) and not yet executed at
the commencement of this Act, shall, unless withdrawn by the
Commission, be deemed to be a recommendation made or direction given or
decision taken by the Commission;

(d) anything done under any such law which is capable of being done under a
provision of this Act, shall be deemed to have been done under such
provision of this Act; and

(e) any investigation of misconduct and any proceedings relating to a

grievance or complaint, instituted under any such law, shall be
continued and concluded as if such law were not repealed: Provided
that any power or function assigned by such law to an institution
referred to in subsection (3) (a), shall be exercised or performed by
the Commission.

(3) (a) Subsection (2) (a) shall not apply to a public service commission,
commission for administration or other like institution established by or
under or functioning in accordance with a law referred to in subsection (1),
and any such commission or other institution shall, subject to section 238 (5)
of the Constitution, cease to exist upon the commencement of this Act.

(b) The office of an institution referred to in paragraph (a) shall, until

dealt with in terms of this Act or the Commission Act, be deemed to be
a regional office of the Office of the Commission.

(4) A person who immediately before the commencement of this Act occupied the
post of director-general, or was the administrative head under any other
designation, of an institution referred to in subsection (2) (a) shall, while
continuing in office in terms of subsection (2) (b), perform his or her
functions and exercise his or her powers under the control of and in
accordance with the directions of a head of department referred to in the
second column of Schedule 1 or 2 and designated by the Commission in each
particular case.

(5) The provisions of this Act shall apply mutatis mutandis in respect of any
institution and person referred to in subsection (2) (a) and (b),
respectively, and in such application the Commission and an executing
authority shall have all such powers and functions assigned to them by this
Act or any other law in relation to a department or an officer as are
necessary to effectively deal with any such institution or person for the
purposes of the rationalisation contemplated in section 237 of the
 Constitution.

Short title

44. This Act shall be called the Public Service Act, 1994.

SCHEDULE 1

DEPARTMENTS AND HEADS OF DEPARTMENT

COLUMN I COLUMN II

Department of Agriculture........... Director-General: Agriculture

Department of Arts, Culture,........ Director-General: Arts, Culture, Science

Science and Technology and Technology

Department of Constitutional........ Director-General: Constitutional

Development Development

Department of Correctional.......... Commissioner: Correctional Services

Services

Department of Education............. Director-General: Education

Department of Environmental......... Director-General: Environmental Affairs

Affairs and Tourism and Tourism

Department of Finance............... Director-General: Finance

Department of Foreign Affairs....... Director-General: Foreign Affairs

Department of Health and Welfare.... Director-General: Health and Welfare

Department of Home Affairs.......... Director-General: Home Affairs

Department of Housing............... Director-General: Housing

Department of Justice............... Director-General: Justice

Department of Labour................ Director-General: Labour

Department of Land Affairs.......... Director-General: Land Affairs

Department of Mineral and........... Director-General: Mineral and Energy

Energy Affairs Affairs

Department of National.............. Director-General: National Intelligence

Intelligence Services Services

COLUMN I COLUMN II

Department of Public Works.......... Director-General: Public Works

Department of Sport and Recreation.. Director-General: Sport and Recreation

Department of State Expenditure..... Director-General: State Expenditure

Department of Trade and Industry.... Director-General: Trade and Industry

Department of Transport............. Director-General: Transport

Department of Water Affairs......... Director-General: Water Affairs and

and Forestry Forestry
National Defence Force.............. Chief of the National Defence Force

Office of the President............. Director-General: Office of the President

Office of the Public Service........ Director-General: Office of the Public

Commission Service Commission

Provincial Administration:.......... Director-General: Provincial Eastern Cape

Administration: Eastern Cape

Provincial Administration:.......... Director-General: Provincial Eastern

Transvaal Administration: Eastern Transvaal

Provincial Administration:.......... Director-General: Provincial KwaZulu/Natal

Administration: KwaZulu/Natal

Provincial Administration:.......... Director-General: Provincial Northern Cape

Administration: Northern Cape

Provincial Administration:.......... Director-General: Provincial Northern

Transvaal Administration: Northern Transvaal

Provincial Administration:.......... Director-General: Provincial North-West

Administration: North-West

Provincial Administration:.......... Director-General: Provincial Orange Free

State Administration: Orange Free State

Provincial Administration:.......... Director-General: Provincial

Pretoria-Witwatersrand-Vereeniging Administration:
Pretoria-Witwatersrand-Vereeniging

Provincial Administration:.......... Director-General: Provincial Western Cape

Administration: Western Cape

South African Police Service........ National Commissioner: South African

Police Service

SCHEDULE 2

ORGANISATIONAL COMPONENTS AND POSTS

CONTEMPLATED IN SECTION 7 (4)

COLUMN I COLUMN II

Central Economic Advisory Service..... Head: Central Economic Advisory Service

Central Statistical Service........... Head: Central Statistical Service

Office of the Executive Deputy........ Head: Office of the Executive Deputy

President President

Office of the Executive Deputy........ Head: Office of the Executive

President from the Largest Deputy President from the Largest
Minority Party Minority Party

Office for Public Enterprises......... Head: Office for Public Enterprises

South African Communication Service... Head: South African Communication

Service

SCHEDULE 3

LAWS REPEALED BY SECTION 43 (1)

Number and year of law Short title Extent of repeal

Act No. 2 of 1972........Lebowa Public Service Act,... The repeal of the whole
(Lebowa) 1972

Act No. 4 of 1972........Bophuthatswana Public........ The repeal of the whole

(Bophuthatswana) Service Act, 1972

Act No. 5 of 1972........Gazankulu Public Service..... The repeal of the whole

(Gazankulu) Act, 1972

Act No. 5 of 1973........QwaQwa Public Service........ The repeal of the whole

(QwaQwa) Act, 1973

Act No. 5 of 1973........KaNgwane Public Service...... The repeal of the whole

(KaNgwane) Act, 1973

Act No. 43 of 1978.......Transkei Public Service...... The repeal of the whole

(Transkei) Act, 1978

Act No. 2 of 1981........Ciskei Public Service........ The repeal of the whole

(Ciskei) Act, 1981

Act No. 3 of 1981........KwaNdebele Public Service.... The repeal of the whole

(KwaNdebele) Act, 1981

Act No. 111 of 1984......Public Service Act, 1984..... The repeal of the whole

Act No. 67 of 1985.......Public Service Laws.......... The repeal of sections 2

Amendment Act, and 31985

Act No. 7 of 1986........Venda Public Service......... The repeal of the whole

(Venda) Commission Act, 1986

Act No. 8 of 1986........Venda Public Service......... The repeal of the whole

(Venda) Act, 1986

Act No. 22 of 1986.......Public Service Amendment..... The repeal of the whole

Act, 1986

Act No. 4 of 1989........KaNgwane Public Service...... The repeal of the whole

(KaNgwane) Commission Act, 1989

Act No. 5 of 1990........KwaZulu Public Service....... The repeal of the whole

(KwaZulu) Act, 1990

Act No. 6 of 1990........KwaZulu Public Service....... The repeal of the whole

(KwaZulu) Commission Act, 1990

Act No. 120 of 1990......Public Service Laws.......... The repeal of sections 2,

Amendment Act, 1990 3 and 4

Act No. 57 of 1991.......Public Service Amendment..... The repeal of the whole

Act, 1991

Act No. 47 of 1993.......Public Service Acts.......... The repeal of sections 2

Amendment Act, 1993 to 10

Act No. 102 of 1993......Public Service Labour........ The repeal of section 27

Relations Act, 1993 and the Schedule

Act No. 179 of 1993......Public Service Amendment..... The repeal of the whole
Act, 1993.