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a30-07.pdf | 1.33 MB |
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
- Upgrading of Land Tenure Rights Act 112 of 1991
- Restitution of Land Rights Act 22 of 1994
- National Archives and Record Service of South Africa Act (previously: National Archives of SA) 43 of 1996
- Labour Relations Act 66 of 1995
- Lotteries Act 57 of 1997
- Public Finance Management Act 1 of 1999
- Road Traffic Management Corporation Act 20 of 1999
- Promotion of Administrative Justice Act 3 of 2000
- Intelligence Services Act 65 of 2002
- Social Assistance Act 13 of 2004
Commencement
- 1 April 2008, except Sections 19, 20, 22, 31, 32 and 36 (Gazette 30935 of 1 April 2008)
- 20 March 2009, Section 32 (Gazette 32040 of 20 March 2009)
- 17 September 2010, Section 31 (Gazette 33541 of 17 September 2010)
- 1 May 2013, Sections 19, 20, 22 and 36 (Gazette 36543 of 14 June 2013)