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Public Service Amendment Act (No. 30 of 2007)


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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.



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