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South Africa
NATIONAL LEGISLATION OVERVIEWS
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Public Service Amendment Act, No. 30 of 2007

Long title

To amend the Public Service Act, 1994, so as to substitute the definition provision; to substitute obsolete references; to provide for the alignment of certain conditions of services with respect to employees in sectors; to clarify certain powers of the Minister and enable the Minister to establish a consultative or advisory body; to replace the term "provincial administration" with the term "the Office of a Premier"; to provide for the implementation of directions of the Public Service Commission; to provide for the establishment of government components and specialised service delivery units within departments; to revise the effective date of actions and the effect of collective bargaining; to provide for the correction of actions; to redefine the different employment capacities in the public service; to set out the different ways of obtaining services of persons; to rationalise the provisions regarding appointments and the requirements thereof as well as the appointments of heads of departments and their career incidents, including heads appointed in terms of the Constitution; to provide that the Cabinet determines whether an executive authority may appoint advisers and how many; to rationalise probation requirements and provisions dealing with transfers within the public service; to regulate the change in employment capacity when employees are appointed or transferred to other departments; to clarify the provisions regarding transfers and secondments to and from the public service and provide for secondments within the public service; to allow an executive authority to retire an employee who is 55 years and older, but younger than 60 years, without pension penalisation; to introduce measures dealing with non- compliance with the Act; to ensure due process with respect to the implementation of a sanction of dismissal on account of misconduct; to align the grounds for dismissal with the grounds for dismissal recognised by the Labour Relations Act, 1995; to prohibit for a specified period the re-employment of an employee dismissed for misconduct relating to corruption; to revise the provisions regarding outside remunerative work by employees; to clarify the provisions dealing with unauthorised remuneration paid to employees; to provide anew for temporary assignment of other work to employees and for acting in posts; to allow heads of department to submit grievances directly to the Public Service Commission; to require the exhaustion of internal grievance procedures before labour or other external legal remedies are used; to delete provisions regarding the political rights of employees and to provide for employees' candidacy for legislatures; to require regulations to determine the framework for certain remunerative advancement or awards; to clarify the provisions dealing with wrongly granted remuneration; to align the Minister's regulation-making powers with his or her other powers and to eliminate duplication regarding these powers; to provide for the inclusion of determinations and directives in one or more public service handbooks; to provide for delegation and further delegation of powers and duties of executive authorities and heads of department; to update Schedules 1 and 2 and to include the organisational components listed in Schedule 3 in Schedule 1; to provide for government components in Schedule 3; to replace the term "officer" with "employee" and the term "executing authority" with "executive authority"; to substitute or delete certain references to the Public Service Commission; and to provide for matters connected therewith.

Table of contents

SECTION TITLE
1. Substitution of section 1 of Act promulgated under Proclamation 103 of 1994...
2. Amendment of section 2 of Act promulgated under Proclamation 103 of 1994...
3. Substitution of section 3 of Act promulgated under Proclamation 103 of 1994...
4. Substitution of section 3A of Act promulgated under Proclamation 103 of 1994...
5. Repeal of section 3B of Act promulgated under Proclamation 103 of 1994
6. Substitution of section 4 of Act promulgated under Proclamation 103 of 1994...
7. Amendment of section 5 of Act promulgated under Proclamation 103 of 1994...
8. Substitution of section 6 of Act promulgated under Proclamation 103 of 1994...
9. Amendment of section 7 of Act promulgated under Proclamation 103 of 1994...
10. Insertion of sections 7A and 7B in Act promulgated under Proclamation 103 of 1994
11. Substitution of section 8 of Act promulgated under Proclamation 103 of 1994...
12. Substitution of heading to Chapter IV
13. Insertion of section 8A in Act promulgated under Proclamation 103 of 1994
14. Substitution of section 9 of Act promulgated under Proclamation 103 of 1994...
15. Amendment of section 10 of Act promulgated under Proclamation 103 of 1994...
16. Amendment of section 11 of Act promulgated under Proclamation 103 of 1994...
17. Substitution of section 12 of Act promulgated under Proclamation 103 of 1994...
18. Amendment of section 12A of Act promulgated under Proclamation 103 of 1994...
19. Substitution of section 13 of Act promulgated under Proclamation 103 of 1994...
20. Substitution of section 14 of Act promulgated under Proclamation 103 of 1994...
21. Insertion of section 14A in Act promulgated under Proclamation 103 of 1994
22. Substitution of section 15 of Act promulgated under Proclamation 103 of 1994...
23. Amendment of section 16 of Act promulgated under Proclamation 103 of 1994...
24. Insertion of sections 16A and 16B in Act promulgated under Proclamation 103 of 1994
25. Substitution of section 17 of Act promulgated under Proclamation 103 of 1994...
26. Substitution of section 30 of Act promulgated under Proclamation 103 of 1994...
27. Amendment of section 31 of Act promulgated under Proclamation 103 of 1994...
28. Substitution of section 32 of Act promulgated under Proclamation 103 of 1994
29. Substitution of section 33 of Act promulgated under Proclamation 103 of 1994
30. Substitution of section 34 of Act promulgated under Proclamation 103 of 1994...
31. Substitution of section 35 of Act promulgated under Proclamation 103 of 1994...
32. Substitution of section 36 of Act promulgated under Proclamation 103 of 1994
33. Substitution of section 37 of Act promulgated under Proclamation 103 of 1994...
34. Amendment of section 38 of Act promulgated under Proclamation 103 of 1994
35. Substitution of section 41 of Act promulgated under Proclamation 103 of 1994...
36. Substitution of section 42 of Act promulgated under Proclamation 103 of 1994...
37. Substitution of section 42 A of Act promulgated under Proclamation 103 of 1994...
38. Substitution of Schedule 1 to Act promulgated under Proclamation 103 of 1994...
39. Substitution of Schedule 2 to Act promulgated under Proclamation 103 of 1994...
40. Substitution of Schedule 3 to Act promulgated under Proclamation 103 of 1994...
41. Deletion and substitution of certain words in Act promulgated under Proclamation 103 of 1994
42. Amendment of laws
43. Short title and commencement
Sch. SCHEDULE. LAWS AMENDED (SECTION 43) [s43]

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