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Table of Contents
Public Service Act, 1994 (Act No. 103 of 1994)
Proclamation No. 103 of 1994
Act
Chapter I : Interpretation and Application of Act
1. Interpretation
2. Application of Act
Chapter II : Administration of the Public Service, including the South African Management and Development Institute and the Training Fund
3. Functions of Minister and executive authorities
3A. Functions of Premiers
3B. [Repealed] Handling of appointment and other career incidents of head of department
4. Training institution
5. Implementation or limitation of actions affecting public service or its members
6. Access to documents and information by Minister
Chapter III : Organisation and Staff
7. Public service, departments and heads of departments
7A. Government components
7B. Specialised service delivery unit within department
8. Composition of public service
Chapter IV : Employment in Public Service
8A. Mechanisms for obtaining services of persons
9. Appointments in public service
10. Qualifications for appointment
11. Appointments and filling of posts
12. Appointment of heads of department and career incidents
12A. Appointment of persons on grounds of policy considerations
13. Appointment on probation
14. Transfers within public service
14A. Change in employment capacity
15. Transfer and secondment of officials
Chapter V : Termination of Service
16. Retirement and retention of services
16A. Failure to comply with Act
16B. Discipline
17. Termination of employment
Chapter VI [Repealed]
Chapter VII : Obligations, Rights and Privileges of Employees
28. Rights and obligations
29. Saving regarding rights and obligations
30. Other remunerative work by employees
31. Unauthorized remuneration
32. Direction to perform other functions or to act in another post
33. Cession of emoluments
34. Non-reduction of salaries
35. Grievances of employees
36. Employees as candidates for, and becoming members ...
Chapter VIII : Miscellaneous
37. Remuneration of employees
38. Wrongly granted remuneration
39. [Repealed)]
40. Limitation of liability
41. Regulations
42. Public service handbooks
42A. Delegation
43. Repeal of laws and savings
44. Short title
Schedules
Schedule 1 : National departments and offices of premier and heads thereof
Schedule 2 : Provincial Departments and Heads Thereof
Schedule 3
Part A : National Government Components and Heads thereof
Part B : Provincial Government Components and Heads thereof
Schedule 4 : Laws Repealed by Section 43(1)
Regulations
Public Service Regulations, 2016
Notice No. R. 877 of 2016
Chapter 1 : General Provisions
1. Short title and commencement
2. Interpretation
3. Repeal of regulations and saving
4. Deviations
5. Draft legislation affecting Public Service Act and Regulations
6. Communication with Minister and media
7. Decision-making in cases on conflict of interest
8. Record-keeping of delegations and correction of acts and omissions
9. Reporting, monitoring, evaluation and compliance
10. Prescribed forms for human resource management and related practices
Chapter 2 : Conduct, Financial Disclosure, Anti-Corruption and Ethics Management
Part 1 : Code of Conduct
11. Adherence to Constitution and other laws
12. Relationship with public
13. Ethical conduct
14. Performance of official duties
15. Employees as candidates for elections
Part 2 : Financial Disclosure
16. Definitions
17. Register of designated employees' interests
18. Disclosure of designated employees' interests
19. Details of interests to be disclosed
20. Confidentiality of submitted forms and register
21. Conflict of interest
Part 3 : Anti-corruption and ethics management
22. Anti-corruption and ethics functions
23. Ethics Officer
24. Other remunerative work by employees
Chapter 3 : Planning, Organisational Arrangements and Service Delivery
Part 1 : Planning and reporting
25. Strategic plan
26. Human resource plan
27. Employment equity plan
28. Human resource development plan
29. Assessment of efficiency and effectiveness
30. Information and communication technology plan
31. Annual report
Part 2 : Organisational and functional arrangements
32. Transfer of functions
33. Feasibility study for establishment of government components and specialised service delivery units
34. Inter-departmental assessment committee
34A. Abolition of government components and specialised service delivery units
35. Organisational functionality assessment
Part 3 : Service delivery
36. Operations management framework
37. Service delivery charter
38. Service delivery improvement plan
Chapter 4 : Employment Matters
Part 1 : Creation of posts, job descriptions, job evaluation and job grading
39. Job descriptions, job titles, systems of occupational classification and remuneration and OSDs
40. Creation and filling of posts
41. Job evaluation and job grading systems
42. Occupation specific dispensations
43. Grading of posts
44. Setting of higher salary
45. Undergraded posts
46. Overgraded posts
Part 2 : Remuneration and other benefits
47. Information on remuneration
48. Leave
49. Overtime
50. Suggestions, improvements and innovations
Part 3 : Working environment
51. Working hours
52. Emergency work
53. Health and safety
54. Employee health and wellness
55. HIV and AIDS and other diseases
56. Workplace environment management
56A. Reasonable accommodation
Part 4 : Appointments and other employment matters
57. General conditions for appointment
58. Developmental programmes
59. Utilisation of unpaid voluntary workers
60. Re-appointment of former employees
61. Prohibition on re-employment of former employees dismissed for misconduct
62. Secondments
62A. Transfers
63. Direction to perform other functions or to act in another post
64. Determination of requirements for employment
65. Advertising
66. Filling of posts in Offices of executive authorities, the Deputy President and Deputy Ministers
67. Selection
68. Probation
69. Resignation
70. Employee records
Part 5 : Performance Management
71. Systems for performance management and development
72. Performance agreements and assessments
73. Rewarding performance
Part 6 : Training
74. Institutional arrangements regarding education, training and development
75. Training directed by Minister
76. Occupational specific competencies and training
77. Training assistance
Part 7 : Labour matters
78. Mandating and management of negotiations
79. Matters with fiscal implications
80. Summoning witnesses
Chapter 5 : Senior Management Service
81. Establishment of SMS
82. Composition of SMS
83. Conflict between this Chapter and other Chapters
84. Handbook for SMS
85. Advertising of posts
86. Competency-based selection
87. Employment contracts
87A. Extension of term of head of department
88. Performance management and development
89. Determination of conditions of service
90. Training and development
91. Ethics and conduct
92. Misconduct and incapacity
Chapter 6 : Information Management and Electronic Government
93. Information management and use of information and communication technology
94. Information security standards
95. Information security vigilance
96. Incident reports
97. Minimum interoperability standards
97A. Government Information Technology Council and Officers
Chapter 7 : Advisory Bodies to Minister for Public Service and Administration
98. Establishment of advisory bodies
99. Function of advisory body
100. Composition and appointment of advisory body
101. Disqualification of members of advisory body
102. Term of office and vacating office of members of advisory body
103. Allowances and disbursement to members of advisory body
104. Chairperson of advisory body
105. Meetings of advisory body
106. Resources for advisory body
Chapter 8 : Community Development Workers Programme
107. Framework for community development workers programme
108. Objectives of CDWP
Annexures
Annexure 1 : Transitional Arrangements
Annexure 2 : Employment Contract as Prescribed in terms of Section 12 of the Public Service Act, 1994, for Heads of Department
Annexure 3 : Permanent Employment Contract in Accordance with Chapter 5 of the Public Service Regulations, 2016, for Members of the Senior Management Service
Annexure 4 : Employment Contract for a Fixed Term or or a Specific Project in Accordance with Chapter 5 of the Public Service Regulations, 2016, for Members of the Senior Management Service
Notices
Administration and Operations - Government Component : National Intelligence Agency
Notice No. 912 of 2009
1. Definitions
2. Head's powers and duties
3. Head's reporting requirements and DG's responsibilities
Administration and Operations - Government Component: South African Secret Service
Notice No. 913 of 2009
1. Definitions
2. Head's powers and duties
3. Head's reporting requirements and DG's responsibilities
Administration and Operations - Government Component: Intelligence Academy
Notice No. 914 of 2009
1. Definitions
2. Head's powers and duties
3. Head's reporting requirements and DG's responsibilities
Administration and Operations - Government Component: COMSEC
Notice No. 915 of 2009
1. Definitions
2. Head's functions
3. Head's reporting requirements and DG's responsibilities
Administration and Operations - Municipal Infrastructure Support Agent
Notice No. R. 469 of 2013
Part One
1. Definitions
Part Two
2. Object, powers and functions of MISA
3. Administration and operational matters
4. Shared services
5. Reporting responsibilities
6. Establishment and composition of Advisory Board
7. Terms of office of Board Members
8. Disqualification from membership of Board
Part Three
9. Administrative and operational matters
10. Shares services
Part Four: Reporting Requirements
11. Reporting responsibilities
Part Five: Advisory Board of MISA
12. Establishment and composition of Advisory Board
13. Terms of office of Board members
14. Disqualifications from membership of Board
15. Duties of Advisory Board members
16. Code of good conduct and disclosure of interests
17. Vacation of office and filling of vacancies
18. Remuneration of members of Board and committees
19. Meetings of Board
20. Resolution of Board without meeting
21. Committees of Board
Notice in terms of the Public Service Regulations, 2016: Amendment of Z1(a) Application for Leave of Absence Form
Notice No. 429 of 2021
Schedule
Application for Leave of Absence (Z1(a))
Proclamations
Municipal Infrastructure Support Agent : Amendment of Part A of Schedule 3 of the Act
Proclamation No. 29 of 2012
Judicial Inspectorate for Correctional Services : Amendment of Part A of Schedule 3 of the Act
Proclamation 159 of 2024
public service
means the public service contemplated in
section 8
;
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