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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Public Service Act, No. A of 1994
[NOTE: Referred to by LegalB as Act "A" of 1994 because no Act number was allocated to it]

Long title


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.

Table of contents

SECTION TITLE

ARRANGEMENT OF SECTIONS
CHAPTER I INTERPRETATION AND APPLICATION OF ACT
1. Definitions [... Title amended by Act 2007_030_001_20080117 - was entitled "Interpretation"] 
2. Application of Act
CHAPTER II ADMINISTRATION OF THE PUBLIC SERVICE, INCLUDING THE SOUTH AFRICAN MANAGEMENT AND DEVELOPMENT INSTITUTE AND THE TRAINING FUND  [... Title substituted by Act 1997_047_003_19971013 - was entitled "CHAPTER II. ADMINISTRATION"]
3. Functions of Minister and executing authority [... substituted by Act 1997_047_003_19971013 - was entitled "Public Service Commission"] 
3A. Functions of Premiers [...inserted by Act 1998_086_003_19981030]
3B. ... [...inserted by Act 1999_005_001_19990421] [...repealed by Act 2007_030_005 - was entitled "Handling of appointment and other career incidents of heads of department"]
4. ... [... substituted by Act 1997_034_003_19971013 - was entitled "Transition and rationalisation of public administration"]  [... substituted by Act 2007_030_006_20080117 - was entitled "South African Management and Development Institute and Training Fund"]   [...repealed by Act 2014_011_019_20141222 Sch - was entitled "Training institution"]
5. Implementation or limitation of actions affecting public service or its members [... Title substituted by Act 1997_047_003_19971013 - was entitled "Implementation, rejection, referral and Treasury approval of recommendations and directions of Commission"]
6. Access to documents and information by Minister [... Title substituted by Act 1997_034_003_19971013 - was entitled "Powers of inspection of Commission"]  
CHAPTER III ORGANISATION AND STAFF
7. Public service, departments and heads of department
7A.Government components [...inserted by Act 2007_030_010_20080117]
7B.Specialised service delivery unit within department [...inserted by Act 2007_030_010_20080117]
8. Composition of public service
CHAPTER IV EMPLOYMENT IN PUBLIC SERVICE [...substituted by Act 2007_030_012_20080117 - was entitled "CHAPTER IV APPOINTMENT, PROMOTION AND TRANSFER"]
8A.Mechanisms for obtaining services of persons [...inserted by Act 2007_030_013_20080117]
9. Appointments in public service [... substituted by Act 2007_030_014 - was entitled "Powers of executing authority"]
10. Qualifications for appointment
11. Appointments and filling of posts
12. Appointment of heads of department and career incidents [... substituted by Act 2007_030_017_20080117 - was entitled "Appointment of heads of department"]
12A. Appointment of persons on grounds of policy considerations [...inserted by Act 1998_086_006_19981030]
13. Appointment on probation [... substituted by Act 2007_030_018_20080117  - was entitled "Appointment, transfer and promotion on probation"]
14. ... [...repealed by Act 2014_011_019_20141222 Sch - was entitled "Transfers within public service"]
14A.Change in employment capacity [...inserted by Act 2007_030_021_20080117]
15. ... [... Title substituted by Act 2007_030_022_20080117 - was entitled "Transfer and secondment of officials"]   [...repealed by Act 2014_011_019_20141222 Sch - was entitled "Transfer and secondment from and to public service"]
CHAPTER V TERMINATION OF SERVICE
16. Retirement and retention of services
16A.Failure to comply with Act [... Inserted by Act 2007_030_024_20080117] 
16B. Discipline [... Inserted by Act 2007_030_024_20080117] 
17. Termination of employment [... substituted by Act 2007_030_025_20080117 - was entitled "Discharge of officers"] 
CHAPTER VI INEFFICIENCY AND MISCONDUCT
18 ... [...repealed by Act 1998_086_010_19981030 - was entitled "Inefficient officers"]
19. ... [...repealed by Act 1998_086_010_19981030 - was entitled "Inefficient heads of department"]
20. ... [...repealed by Act 1998_086_010_19981030 - was entitled "Misconduct"]
21. ... [...repealed by Act 1998_086_010_19981030 - was entitled "Investigation of charge of misconduct"]
22. ... [...repealed by Act 1998_086_010_19981030 - was entitled "Steps after investigation by investigating officer"]
23. ... [...repealed by Act 1998_086_010_19981030 - was entitled "Hearing of charge of misconduct"]
24. ... [... Title amended by Act 1997_047_021_19971013 - was entitled "Proceedings after hearing"] [...repealed by Act 1998_086_010_19981030 - was entitled "Steps after hearing"]
25. ... [...repealed by Act 1998_086_010_19981030 - was entitled "Other steps against officer charged"]
26. ... [... Title substituted by Act 1997_047_023_19971013 - was entitled "Appeal against decision of presiding officer or head of department"] [...repealed by Act 1998_086_010_19981030 - was entitled "Appeal against finding of presiding officer and decision of head of department"]
27. ... [...repealed by Act 1998_086_010_19981030 - was entitled "Misconduct of heads of department"]
CHAPTER VII OBLIGATIONS, RIGHTS AND PRIVILEGES OF EMPLOYEES [... Title amended by Act 2007_030_041(a)_20070117 - was "CHAPTER VII OBLIGATIONS, RIGHTS AND PRIVILEGES OF OFFICERS AND EMPLOYEES"] 
28. Rights and obligations
29. Saving regarding rights and obligations
30. Other remunerative work by employees [... Title substituted by Act 2007_030_026_20080117 by way of unmarked omission and unmarked insertion - was entitled "Other work by officers and employees"
31. Unauthorized remuneration
32. Direction to perform other functions or to act in another post [... Title substituted by Act 2007_030_028_20080117 - was entitled "Assignment of other functions to officers and employees"
33. Cession of emoluments
34. Non-reduction of salaries [... Title amended by Act 2007_030_030_20080117 - was entitled "Reduction of salaries"]
35. Grievances of employees [... substituted by Act 1997_047_029_19971013 - was entitled "Grievances and requests of officers and employees"]  [... Title amended by Act 2007_030_031_20080117 - was entitled "Grievances of officers and employees"]
36. Employees as candidates for, and becoming members of, legislatures [... substituted by Act 2007_030_032_20080117 - was entitled "Political rights of officers and employees"]
CHAPTER VIII MISCELLANEOUS
37. Remuneration of employees [... Title amended by Act 2007_030_033_20080117 - was entitled "Remuneration of officers and employees"
38. Wrongly granted remuneration
39. ... [...repealed by Act 2002_040_002(1)_20021128 Sch - was entitled "Limitation of actions"]
40. Limitation of liability
41. Regulations
42. Public service handbooks [... amended by Act 1997_047_031_20080117 - was entitled "Public Service Staff Code"]
42A. Delegations  [...inserted by Act 1997_047_032_19971013]  [...substituted by Act 2007_030_037_20080117 - was entitled "Assignment of functions by Minister"]
43. Repeal of laws and savings
44. Short title
Sch. 1. SCHEDULE 1 NATIONAL DEPARTMENTS AND OFFICES OF PREMIER AND HEADS THEREOF (SECTION 7(2) AND (3)) [s1; s3, s7] [... Title substituted by Act 1998_086_013_19981030 - was entitled "SCHEDULE 1 DEPARTMENTS AND HEADS OF DEPARTMENT"]  [... Title substituted by Act 0000_000_000_00000000 - was entitled "SCHEDULE 1 DEPARTMENTS AND HEADS OF DEPARTMENT (SECTION 7(2) AND (3)"]  
[... Title substituted by Act 2007_030_038_20080117 - was entitled "SCHEDULE 1. DEPARTMENTS AND HEADS OF DEPARTMENT (SECTION 7(2) AND (3)"]
Sch. 2. SCHEDULE 2 PROVINCIAL DEPARTMENTS AND HEADS THEREOF (SECTION 7(2) AND (3)) [s1, s7, s12] [... Title substituted by Act 0000_000_000_00000000 - was entitled "SCHEDULE 2 ORGANISATIONAL COMPONENTS AND POSTS CONTEMPLATED IN SECTION 7(4)"]  [... Title substituted by Act 2007_030_039_20080117 by way of unmarked omission and marked insertion - was entitled "SCHEDULE 2. PROVINCIAL DEPARTMENTS AND HEADS OF PROVINCIAL DEPARTMENTS (SECTION  7(2) AND (3))"]
Sch. 3. SCHEDULE 3 [s3, s7, s12]  [...Title substituted by Act 1998_086_015_19981030 - was entitled "SCHEDULE 3 LAWS REPEALED BY SECTION 43(1)] [... Title substituted by Act 1998_086_015_19981030 - was entitled "SCHEDULE 3 ORGANISATIONAL COMPONENTS AND HEADS THEREOF"]   [... Title substituted by Act 2007_030_040_20080117 - was entitled "SCHEDULE 3. ORGANISATIONAL COMPONENTS AND HEADS THEREOF (SECTION 7(4))] 
PART A NATIONAL GOVERNMNET COMPONENTS AND HEADS THEREOF (SECTION 7(2) AND (3))  [... Title inserted by Act 2007_030_040_20080117]
PART B PROVINCIAL GOVERNMNET COMPONENTS AND HEADS THEREOF (SECTION 7(2) AND (3)) [... Title inserted by Act 2007_030_040_20080117]
Sch. 4. SCHEDULE 4 LAWS REPEALED BY SECTION 43(1) [..re-labeled by Act 1998_086_015_19981030 - was labeled "SCHEDULE 3 ORGANISATIONAL COMPONENTS AND HEADS THEREOF"]

Legislation Text Access Point

Date publishedVersions
[To check whether a version has commenced, and how it was commenced, proclamation 51 of 1994
lease see the Timeline for the Act, and the Annotated Text for the version.
]

NOTE: Amendments to Act 1994_00A_000 Schedules are numerous and a list of amending Proclamations is being complied. Interim please refer to Wikipedia here
Access Official Gazette PDF  Request Subscription Fee Subscriber Access
1994/06/03As unamended Act 1994_00A_19940603 (being Proclamation GG19940603_15791_0000_0103, issued ito Act 1993_200_237(3)_19940426 (as amended by Act 1994_003_237_19940426) and which is referred to by LB as "Act A of 1994") EXT.LINK (LB) REQ.INFO LINK
1994/96/11As amended by Act 1994_00B_027_19940611_15794_0348_0105 .  N/A REQ.INFO LINK
1994/08/12As amended by Act 1993_200_237(3)-Not-v19940812_15922_0350_0134 .  N/A REQ.INFO LINK
1994/11/11As amended by Act 1993_200_237(3)-Not-v19941111_16068_0353_0171 .
NOTE GG19941111_16068_0353_0171 substituted by GG19941118_16077_0353_0000**
N/AREQ.INFOLINK
1994/11/18As amended by Act 1993_200_237(3)-Not-v19941118_16077_0353_0000 [sic no notice number)  .
NOTE GG19941118_16077_0353_0000 substituted for GG1004111_16068_0353_0171**
N/A REQ.INFO LINK
1994/12/02As amended by Act 1993_200_237(3)-Not-v19941202_16162_0354_0175 .  N/A REQ.INFO LINK
199412/02As amended by Act 1994_038_000_19941202 .  N/A REQ.INFO LINK
1996/04/12As amended by Act 1996_013_000_19960412 .  N/A REQ.INFO LINK
1996/08/08As amended by Act 1994_00A_007(5)-Not-v19960808_17351_0374_0044 .  N/A REQ.INFO LINK
1996/09/06As amended by Act 1994_00A_007(5)-Not-v19960906_17400_0375_0051 .  N/A REQ.INFO LINK
1996/10/25As amended by Act 1994_00A_007(5)-Not-v19961025_17507_0376_0063 .  N/A REQ.INFO LINK
1996/11/08As amended by Act 1996_067_000_19961108 .  N/A REQ.INFO LINK
1997/04/18As amended by Act 1994_00A_007(5)-Not-v19970418_17946_0382_0032 .  N/A REQ.INFO LINK
1997/09/05As amended by Act 1997_034_000_19970905 .  N/A REQ.INFO LINK
1997/10/13As amended by Act 1997_047_000_19971013  .  N/A REQ.INFO LINK
1998/02/13As amended by Act 1994_00A_007(5)-Not-v19980213_18660_0392_0006 .  N/A REQ.INFO LINK
1998/03/31As amended by Act 1998_010_000_19980331 .  N/A REQ.INFO LINK
1998/10/30As amended by Act 1998_086_000_19981030 .  N/A REQ.INFO LINK
1999/04/21As amended by Act 1999_005_000_19990421 .  N/A REQ.INFO LINK
1999/06/25As amended by Act 1994_00A_007(5)-Not-v19990625_20216_0408_0073 .  N/A REQ.INFO LINK
1999/07/30As amended by Act  1994_00A_007(5)-Not-v19990730_20311_0409_0082 .  N/A REQ.INFO LINK
1999/10/08As amended by Act 1994_00A_007(5)-Not-v19991008_20506_0412_0104 .  N/A REQ.INFO LINK
1999/10/08As amended by Act 1994_00A_007(5)-Not-v19991008_20506_0412_0105 . N/AREQ.INFOLINK
200-50/03/31As amended by Act 1994_00A_007(5)-Not-v20000331_21040_0417_0017 .  N/A REQ.INFO LINK
2000/05/02As amended by Act 1994_00A_007(5)-Not-v20000502_21145_0419_0025 .  N/A REQ.INFO LINK
2000/07/07As amended by Act 1994_00A_007(5)-Not-v20000707_21330_0421_0037 .  N/A REQ.INFO LINK
2000/07/14As amended by Act 1994_00A_007(5)(a)(i)-Not-v20000714_21357_0000_0039 . N/A REQ.INFO LINK
2000/12/01As amended by Act 1994_00A_007(5)-Not-v20001201_21787_0000_0071  .  N/A REQ.INFO LINK
2002/07/26As amended by Act 1994_00A_007(5)-Not-v20020726_23672_0000_0062 . (On request) N/A REQ.INFO LINK
2002/11/28As amended by Act 2002_040_000_20021128 .  N/A REQ.INFO LINK
2003/02/12As amended by Act 2002_065_000_20030212 .  N/A REQ.INFO LINK
2004/01/30As amended by Act 2003_052_000_20040130 .  N/A REQ.INFO LINK
2006/03/15As amended by Act 2005_034_000_20060315 .  N/A REQ.INFO LINK
2008/01/17As amended by Act 2007_030_000_20080117 .  N/A REQ.INFO LINK
2009/12/01As amended by Act 1994_00A_007(5)-Not-v20091201_32763_0000_0082 .  N/A REQ.INFOLINK
2012/03/30As amended by Act 1994_00A_007(5)-Not-v20120330_35173_0000_0022 .  N/A REQ.INFO LINK
2013/07/23As amended by Act 2013_011_000_20130723 .
N/A REQ.INFO LINK
2013/10/21As amended by Act 1994_00A_007(5)-Not-v20131021_36957_0000_0046 .  N/A REQ.INFO LINK
2014/12/22As amended by Act 2014_011_000_20141222 .  N/A REQ.INFO LINK
2016/08/19As amended by Act 1994_00A_007(5)(a)-Not-v20160819_40216_0614_0052 .  N/A REQ.INFO LINK
2016/10/07As amended by Act 1994_00A_007(5)(a)-Not-v20161007_40334_0616_0056 .  N/A REQ.INFO LINK
2016/05/17
As ordered by Constitutional Court Case 20160517_0255 iro s016(a)(1), 016B, 017(1) and (2) . 
N/AREQ.INFOLINK
2016/12/15As amended by Act 1994_00A_007(5)(b)-Not-v20161215_40496_0618_0063 .  N/A REQ.INFO LINK
2017/08/18As amended by Act 1994_00A_007(5)(b)-Not-v20170818_41047_0000_0027 . N/AREQ.INFOLINK
2017/12/07
As ordered by Constitutional Court Case 20171207_0006 - iro Act 1994_00A_038(2)(b)(ii) . 
N/AREQ.INFOLINK
2019/06/26As amended by Act 1994_00A_007(5)(a)-Not-v20190626_42542_0000_0025 . N/AREQ.INFOLINK
2019/08/30As amended by Act 1994_00A_007(5)(b)-Not-v20190830_42669_0000_0050 . N/AREQ.INFOLINK
2020/03/27As amended by Act 1994_00A_007(5)(b)-Not-v20200327_43170_0000_0016 . N/AREQ.INFOLINK
2021/03/10As amended by GG20210305_44229_0000_0172 .
(NOTE: Poss duplication of GG20210310_44253_0000_0001)
N/AREQ.INFOLINK
2021/03/05As amended by Act 1994_00A_007(5)(a)-Not-v20210305_44229_0000_0172 .  (NOTE: Appears later to be duplicated by GG20210310_44253_0000_0001)N/AREQ.INFOLINK
2021/03/10As amended by Act 1994_00A_007(5)(a)-Not-v20210310_44253_0000_0001 .
(NOTE: Appears to be a later duplication of
GG20210305_44229_0000_0172) 
N/AREQ.INFOLINK
2021/04/06As Amended by Act 1994_00A_007(5)(a)-Not-v20210406_44416_0000_0011 . REQ.INFOLINK
0000/00/00
As if amended by Bill B2023_013B_000_00000000 . 
N/AREQ.INFOLINK
As amended by ... N/A REQ.INFO LINK

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