| (1) |
The public service established by section 197(1) of the Constitution shall be structured and organised as provided for in this Act. |
[Section 7(1) substituted by section 4(a) of Act No. 47 of 1997]
| (2) |
For the purposes of the administration of the public service there shall be— |
| (a) |
national departments and Offices of the Premier mentioned in column 1 of Schedule 1; |
| (c) |
national government components mentioned in column 1 of Part A of Schedule 3; and |
| (d) |
provincial government components mentioned in column 1 of Part B of Schedule 3. |
[Section 7(2) substituted by section 9(a) of Act No. 30 of 2007]
| (a) |
Each department shall have a head who shall be the incumbent of the post on the establishment bearing the designation mentioned in column 2 of Schedule 1, 2 or 3 opposite the name of the relevant department or component, or the employee who is acting in that post. |
[Section 7(3)(a) substituted by section 9(b) of Act No. 30 of 2007]
| (b) |
Subject to the provisions of paragraphs (c) and (d), a head of department shall be responsible for the efficient management and administration of his or her department, including the effective utilisation and training of staff, the maintenance of discipline, the promotion of sound labour relations and the proper use and care of State property, and he or she shall perform the functions that may be prescribed. |
| (c) |
In addition to any power or duty entrusted or assigned by or under this Act or any other law to the head of the Office of a Premier, the said head shall— |
| (i) |
be the Secretary to the Executive Council of the province concerned; |
| (ii) |
subject to sections 85(2)(c) and 125(2)(e) of the Constitution, be responsible for intergovernmental relations on an administrative level between the relevant province and other provinces as well as national departments and national government components and for the intra-governmental co-operation between the relevant Office of the Premier and the various provincial departments and provincial government components, including the co-ordination of their actions and legislation; and |
| (iii) |
subject to paragraph (d), be responsible for the giving of strategic direction on any matter referred to in section 3(1). |
[Section 7(3)(c) substituted by section 9(c) of Act No. 30 of 2007]
| (d) |
The head of the Office of a Premier shall in respect of a provincial department of the relevant province exercise no power or perform no duty which is entrusted or assigned by or under this Act or any other law to the head of the provincial department. |
[Section 7(3)(d) substituted by section 9(c) of Act No. 30 of 2007]
| (e) |
[Section 7(3)(e) deleted by section 9(d) of Act No. 30 of 2007] |
[Section 7(3) substituted by section 4(b) of Act No. 86 of 1998]
| (4) |
[Section 7(4) deleted by section 9(e) of Act No. 30 of 2007] |
| (5) |
Subject to section 7A and the principles contained in section 195 of the Constitution, the President may by proclamation in the Gazette— |
| (a) |
on the advice of the Minister amend Schedule 1 so as to establish or abolish any national department, designate such department and the head thereof or amend any such designation; or |
| (b) |
at the request of the Premier of a province amend Schedule 2 so as to reflect the establishment, abolition, designation or amendment in respect of any provincial department contemplated in section 3A(a)(i); |
| (c) |
at the request of the relevant executive authority and on the advice of the Minister and the Minister of Finance amend Part A of Schedule 3 so as to establish or abolish any national government component or establish an existing body as such a component or designate any such component and the head and principal department thereof or amend any such designation; or |
| (d) |
at the request of the Premier of a province amend Part B of Schedule 3 so as to reflect the establishment, abolition, designation or amendment in respect of a provincial government component contemplated in section 3A(a)(ii). |
[Section 7(5) substituted by section 9(f) of Act No. 30 of 2007]
| (6) |
The President shall give effect to any request referred to in subsection (5)(b) or (d) if the President is satisfied that it is consistent with the provisions of the Constitution, this Act and any other applicable law. |
[Section 7(6) inserted by section 9(f) of Act No. 30 of 2007]
| (7) |
Only the head of a national department and the Office of a Premier may bear the designation of 'Director-General'. |
[Section 7(7) inserted by section 9(f) of Act No. 30 of 2007]
Intellectual Property Rights from Publicly Financed Research and
