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Public Service Commission Act, 1997 (Act No. 46 of 1997)

Rules

Public Service Commission Rules on Conducting Investigations

Chapter 2 : Lodging of complaints with the Commission

3. Matters that may be investigated and evaluated by the Commission

 

(1) The Commission may either of its own accord or on receipt of any complaint—
(a) investigate and evaluate the application of personnel and public administration practices as contemplated in section 196(4)(f)(i) of the Constitution, 1996;
(b) investigate and monitor adherence to applicable procedures in the public service as contemplated in section 196(4)(f)(iii) of the Constitution; and
(c) advise national and provincial organs of state regarding personnel practices in the public service, including those relating to the recruitment, appointment, transfer, discharge and other aspects of the careers of employees in the public service as contemplated in section 196(4)(f)(iv) of the Constitution.

 

(2) Subject to these rules, a complainant may lodge a complaint with the Commission in respect of any matter contemplated in subrule (1), which may include a complaint regarding—
(a) ethics related issues such as dishonesty, favouritism, abuse of power, improper personal gain and conflicts of interest;
(b) accountability related issues such as appointment, procurement and financial irregularities, non-compliance with public service legislation and policy (including department policies), lack of access to information and lack of confidentiality;
(c) service delivery and professionalism related issues such as bias/impartiality, unfairness, discrimination and prejudice;
(d) performance related issues such as incapacity, incompetence, lack of training/capacitating and lack of representivity; and
(e) policy related issues such as the non-existence of policies and policies that may be in conflict with legislation.