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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Public Service Amendment Act, No.
30 of 2007
NOTE: Assented to and published in English, with alternative copy in _, except iro notice of assent date in _, and except iro title/text/engrossments in the following sections: s_ (_/_/_)
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
Legislation Text Access Point
NOTE: Assented to and published in English, with alternative copy in _, except iro notice of assent date in _, and except iro title/text/engrossments in the following sections: s_ (_/_/_)
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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