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Public Administration Management Act (Act No. 11 of 2014)

Chapter 1 : Interpretation, Application and Objects of Act

1. Definitions

 

In this Act, unless the context otherwise indicates—

 

"Constitution"

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

 

"employee"

means a person appointed in the public administration, but excludes a person appointed as a special adviser in terms of section 12A of the Public Service Act and a person performing similar functions in a municipality;

 

"entity"

includes any sole proprietorship, partnership, trust, company or association, irrespective of whether the entity is incorporated or registered under any law;

 

"executive authority"

in relation to—

(a) The Presidency or a national government component within the President’s portfolio, means the President;
(b) a national department or national government component within a Cabinet portfolio, means the Minister responsible for that portfolio;
(c) the Public Service Commission, means the chairperson;
(d) the Office of a Premier or a provincial government component within a Premier’s portfolio, means the Premier of that province;
(e) a provincial department or a provincial government component within an Executive Council portfolio, means the member of that Council responsible for that portfolio; and
(f) a municipality means the Municipal Council of that municipality;

 

"family member"
in relation to any person, means his or her parent, sister, brother, child or spouse—
(a) including a person living with that person as if they were married to each other, namely a spouse or life partner;
(b) whether such relationship results from birth, marriage or adoption;
(c) including any other relative who resides permanently with that person; and
(d) including any other relative who is of necessity dependent on such person;

 

"Head of the School"

means the Head of the National School of Government contemplated in section 11(1);

 

"information and communication technologies"

means all aspects of technology which are used to manage and support the efficient gathering, processing, storing and dissemination of information;

 

"institution"

means a national department, a provincial department, a municipality or a national or provincial government component;

 

"Minister"

means the Minister responsible for the public service and administration, unless otherwise stated in this Act;

 

"Municipal Council"

means a Municipal Council referred to in section 157(1) of the Constitution;

 

"municipality"

means a municipality as defined in section 1 of the Municipal Structures Act, 1998 (Act No. 117 of 1998);

 

"national department"

means a national department listed in Schedule 1 to the Public Service Act;

 

"Office"

means the Office of Standards and Compliance established in section 17(1);

 

"prescribed"

means prescribed by regulations made by the Minister in terms of this Act;

 

"public administration"

means the public service, municipalities and their employees;

 

"public service"

means all—

(a) national departments;
(b) national government components listed in Part A of Schedule 3 to the Public Service Act;
(c) provincial departments which means—
(i) the Office of a Premier listed in Schedule 1 to the Public Service Act; and
(ii) provincial departments listed in Schedule 2 to the Public Service Act; and
(d) provincial government components listed in Part B of Schedule 3 to the Public Service Act, and their employees;

 

"Public Service Act"

means the Public Service Act, 1994 (Proclamation No. 103 of 1994);

 

"School"

means the National School of Government contemplated in section 11(1);

 

"Skills Development Act"

means the Skills Development Act, 1998 (Act No. 97 of 1998);

 

"Skills Development Levies Act"

means the Skills Development Levies Act, 1999 (Act No. 9 of 1999);

 

"this Act"

includes the regulations made in terms of this Act;

 

"training institution"

means any training institution under the authority of—

(a) the national or a provincial government; or
(b) a Municipal Council; and

 

"Unit"

means the Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit contemplated in section 15(1).