Vol. 408, No. 20219, 25 June 1999
Regulation Gazette, No. 6572
No. R. 75, 1999
PROCLAMATION
by the President of the Republic of South Africa
COMMENCEMENT OF SECTION 15 OF THE PUBLIC SERVICE COMMISSION
ACT, 1997 (ACT No. 46 OF 1997)
In terms of section 17 (1) of the Public Service Commission Act, 1997 (Act No. 46 of 1997), 1 hereby determine 1 July 1999 as the date on which section 15 of the said Act shall come into operation.
The coming into operation of section 15 of the said Act also brings into operation the Public Service Laws Amendment Act, 1997 (Act No. 47 of 1997), and the Public Service Laws Amendment Act, 1998 (Act No. 86 of 1998). The operation of section 3 (3) (b) of the Public Service Act, 1994 (Act No. 103 of 1994), as amended by section 2 (b) of the Public Service Laws
Amendment Act, 1998 (Act No. 86 of 1998) is subject to the following determination made by the Constitutional Court in the case of The Premier of the Province of the Western Cape v. The President of the Republic of South Africa and Another (CCT 26198):
"Section 3 (3) (b) of the Public Service Act, 1994, as amended by section 2 (b) of the Public Service Laws Amendment Act, 1998, is declared to be inconsistent with the Constitution and invalid to the extent that it empowers the Minister, without the consent of the Premier concerned, to make determinations regarding the transfer of functions of a provincial administration or a provincial department to a national department or any body not established by or under a provincial law, or the transfer of functions to a provincial administration or a provincial department from a national department or any such body.".
Given under my Hand and the Seal of the Republic of South Africa at Cape Town this Fourth day of June, One thousand Nine hundred and Ninety-nine.
N. R. MANDELA
President
By Order of the President-in-Cabinet:
Z. S. T. SKWEY1YA
Minister of the Cabinet