CHAPTER ONE
INTERPRETATION AND APPLICATION OF ACT
(ss 1-2)

 

1.   Definitions

In this Act, unless the context otherwise indicates-

'accounting officer' means an accounting officer as defined in section 1 of the Public Finance Management Act;

'calendar month' means a period extending from a day in one month to a day preceding the day corresponding numerically to that day in the following month, both days inclusive;

'collective agreement' means a collective agreement referred to in section 5 (4);

'Commission' means the Public Service Commission established by section 196 (1) of the Constitution;

'Commission Act' means the Public Service Commission Act, 1997 (Act 46 of 1997);

'Constitution' means the Constitution of the Republic of South Africa, 1996;

'days' means any days other than Saturdays, Sundays or public holidays as defined in the Public Holidays Act, 1994 (Act 36 of 1994);

'department' means a national department, a national government component, the Office of a Premier, a provincial department or a provincial government component;

'educator' means an educator as defined in section 1 of the Employment of Educators Act, 1998 (Act 76 of 1998);

'electronic government' means the use of information and communication technologies in the public service to improve its internal functioning and to render services to the public;

'employee' means a person contemplated in section 8, but excludes a person appointed in terms of section 12A;

'employment practice' includes-

  1. recruitment procedures, advertising and selection criteria;
  2. appointment and the appointment process;
  3. job and occupational classification and grading;
  4. remuneration and other conditions of service;
  5. job assignments;
  6. the working environment;
  7. work facilities;
  8. training and development;
  9. employee performance management systems and practices;
  10. transfer and secondment;
  11. discipline;
  12. management of poor performance and ill health;
  13. termination of employment;

'establishment' means the posts which have been created for the normal and regular requirements of a department;

'executive authority', in relation to-

  1. the Presidency or a national government component within the President's portfolio, means the President;
  2. a national department or national government component within a Cabinet portfolio, means the Minister responsible for such portfolio;
  3. the Office of the Commission, means the Chairperson of the Commission;
  4. the Office of a Premier or a provincial government component within a Premier's portfolio, means the Premier of that province; and
  5. a provincial department or a provincial government component within an Executive Council portfolio, means the member of the Executive Council responsible for such portfolio;

'functionary' means any person upon whom a power is conferred or a duty is imposed by this Act;

'government component' means a national government component or a provincial government component;

'gratification' means gratification as defined in section 1 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act 12 of 2004);

'head of department', 'head of a department' or 'head of the department' means the incumbent of a post mentioned in Column 2 of Schedule 1, 2 or 3 and includes any employee acting in such post;

'Labour Relations Act' means the Labour Relations Act, 1995 (Act 66 of 1995);

'member of the Intelligence Services' means a member of the State Security Agency appointed or deemed to have been appointed in terms of the Intelligence Services Act, 2002;

'member of the services' means a member of-

  1. the Regular Force of the South African National Defence Force appointed, or deemed to have been appointed, in terms of the Defence Act, 2002 (Act 42 of 2002);
  2. the South African Police Service appointed, or deemed to have been appointed, in terms of the South African Police Service Act, 1995 (Act 68 of 1995); or
  3. the Department of Correctional Services appointed, or deemed to have been appointed, in terms of the Correctional Services Act, 1998 (Act 111 of 1998);

'Minister' means the Minister for the Public Service and Administration;

'month' means a period extending from the first to the last day, both days inclusive, of any one of the 12 months of a year;

'national department' means a national department referred to in section 7 (2);

'national government component' means a national government component referred to in section 7 (2);

'Office of a Premier' means the Office of a Premier referred to in section 7 (2);

'organ of state' means an organ of state as defined in section 239 of the Constitution;

'post' means a post on the establishment for which financial provision exists;

'prescribed' means prescribed by regulation;

'principal department', in relation to a national or provincial government component, means the department listed in column 3 in Part A or B of Schedule 3;

'provincial department' means a provincial department referred to in section 7 (2);

'provincial government component' means a provincial government component referred to in section 7 (2);

'Public Finance Management Act' means the Public Finance Management Act, 1999 (Act 1 of 1999);

'public service' means the public service contemplated in section 8;

'regulation' means a regulation made in terms of section 41;

'revenue' means the National Revenue Fund established by section 213 (1) of the Constitution or, in relation to any province, the relevant Provincial Revenue Fund established by section 226 (1) of the Constitution, as the case may be;

'salary level' means a set of salaries;

'salary scale' means a set of salary levels from a minimum to a maximum;

'State Security Agency' means the State Security Agency referred to in section 3 of the Intelligence Services Act, 2002 (Act 65 of 2002);

'this Act' includes the regulations, determinations, deemed determinations contemplated in section 5 (6) and directives made in terms of this Act.

2.   Application of Act

  1. Except in so far as this section provides otherwise and except where it is inconsistent with the context or clearly inappropriate, the provisions of this Act shall apply to or in respect of employees whether they are employed within or outside the Republic, and in respect of persons who were employed in the public service or who are to be employed in the public service.

  2. Where members of the services, educators or members of the Intelligence Services are not excluded from the provisions of this Act, those provisions shall, subject to subsection (2A), apply only in so far as they are not contrary to the laws governing their employment.

2A.  

  1. Subject to the Labour Relations Act and any collective agreement, the determination of any conditions of service for-
    1. employees in general or a particular category in terms of this Act; and
    2. educators or members of the services in general or for a particular category in terms of the laws governing their employment, shall be made with the concurrence of a committee of Ministers.

  2. For the purposes of paragraph (a)-
    1. 'conditions of service' means annual salary adjustments, salary scales or levels, performance bonuses, pay incentives or pension benefits; and
    2. the committee of Ministers shall consist of the Minister, the Minister of Finance and the Ministers responsible for the educators and the members of the services and such other Ministers as the Cabinet may designate (if any), and shall function the same as a committee of the Cabinet.

2B.   The provisions of this Act regarding the conditions of service and other employment practices of a head of department only apply to a head of department appointed in terms of the Constitution to the extent that the subject-matter of such provisions are not provided for in any other law governing his or her employment or his or her contract of employment.

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