| (1) |
An executive authority— |
| (a) |
shall not appoint any person— |
| (i) |
under the age of 15 years of age; or |
| (ii) |
under the minimum school-leaving age in terms of any law. |
| (b) |
shall determine the health requirements for incumbency of a post in any case where it is part of the inherent requirements of the post; |
| (c) |
shall subject an employee or a candidate for employment to personnel suitability checks as directed by the Minister; |
| (d) |
shall ensure that each person upon appointment, is provided with written particulars of employment, including the terms and conditions of his or her service; and |
| (e) |
shall not, with due regard to section 10(a) of the Act, appoint a temporary employee permanently or vice versa without complying with regulations 65 and 67. |
| (2) |
An executive authority may, unless otherwise authorised by the Act, within the available budget and at a salary level linked to a grade determined through job evaluation or as determined in an OSD, employ persons additional to the establishment, where— |
| (a) |
the incumbent of the post is expected to be absent for such a period that his or her duties cannot be performed by other employees; |
| (b) |
there is a temporary increase in the volume of work for a period not exceeding 12 calendar months; |
| (c) |
an employee's post has been abolished and he or she cannot be transferred into another post; |
| (d) |
an employee is part of a development programme as contemplated in regulation 58; |
| (e) |
the nature of the work for which the employee is employed is of limited or definite duration; or |
| (f) |
it is necessary for any other justifiable reason to temporarily increase the staff of the department for a period not exceeding 12 calendar months. |
[Regulation 57(2) substituted by section 23(a) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]
| (3) |
Before making a decision on an appointment of a person additional to the establishment, an executive authority shall— |
| (a) |
satisfy himself or herself that the person qualifies in all respects for the position and that his or her claims in his or her application for the position have been verified; and |
| (b) |
record that verification in writing. |
| (4) |
[Regulation 57(4) deleted by section 23(b) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023] |
| (5) |
An appointment shall take effect after approval by the relevant executive authority. |
| (6) |
An appointment shall take effect on the date of an employee's assumption of duty. If an employee assumes duty on the first working day of the month and this day is not the first day of the month, the first day of the month is deemed to be his or her date of assumption of duty. |
Special Investigating Units and Special Tribunals Act, 1996
