Public Service Amendment Act 30 of 2007

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30 of 2007

The Public Service Amendment Act 30 of 2007 aims:

  • 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.

Amends

Commencement

 

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