SCHEDULE B
PART 3: GENERAL MEASURES RELATING TO THE VARIOUS RANKS
Requirements for appointment
| 1. |
Chief executive officer |
No person shall be appointed as chief executive officer unless he or she has an appropriate university degree or an equivalent qualification as well as 14 years' appropriate experience gained after obtaining such qualification.
No person shall be appointed as director unless he or she has an appropriate university degree or equivalent qualification as well as 12 years' appropriate experience gained after obtaining such qualification.
No person shall be appointed as senior legal officer unless he or she has an appropriate legal qualification that includes at least courses in—
| (f) |
interpretation of statutes, |
as well as 10 years' appropriate experience gained after obtaining such qualification and has been admitted as an advocate in terms of section 3 of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), or as an attorney in terms of section 15 of the Attorneys Act, 1979 (Act No. 53 of 1979), with the right to appear in the Supreme Court and Constitutional Court in terms of section 3 of the Right of Appearance in Courts Act, 1995 (Act No. 62 of 1995).
No person shall be appointed as deputy director unless he or she has an appropriate university degree or an equivalent qualification as well as eight years' appropriate experience gained after obtaining such qualification.
| (1) |
No person shall be appointed as legal officer (1) unless he or she has an appropriate three-year legal qualification that includes at least courses in- |
| (f) |
interpretation of statuses. |
| (2) |
No person shall be appointed as legal officer (2) unless he or she complies with the requirements for appointment as legal officer (1) and— |
| (a) |
he or she has an LL.B-degree and two years' appropriate experience gained after obtaining the minimum qualification required in terms of subparagraph (1); or |
| (b) |
he or she does not have an LL.B-degree but five years' appropriate experience gained after obtaining the minimum qualification required in terms of subparagraph (1). |
| (3) |
No person shall be appointed as legal officer (3) unless he or she complies with the requirements for appointment as legal officer (1) and— |
| (a) |
he or she has an LL.B-degree and five years' appropriate experience gained after obtaining the minimum qualification required in terms of subparagraph (1); or |
| (b) |
he or she does not have an LL.B-degree but eight years' appropriate experience gained after obtaining the minimum qualification required in terms of subparagraph (1). |
| (4) |
A person appointed as legal officer (1) or (2), as the case may be, may be promoted to legal officer (2) or (3) respectively if and when he or she complies with the requirements for appointment set out in subparagraphs (2) and (3) respectively and if the chief executive officer is satisfied that he or she has rendered satisfactory service since appointment. |
No person shall be appointed as accountant unless he or she has an appropriate three-year university degree or equivalent qualification that includes at least two main subjects from courses in-
Provided that accounting and auditing, if not main subjects, shall at least be passed on second year level.
No person shall be appointed as assistant director unless he or she has an appropriate university degree or an equivalent qualification as well as five years' appropriate experience gained after obtaining such qualification.
No person shall be appointed as librarian unless he or she has an appropriate university degree or an equivalent qualification as well as three years' appropriate experience gained after obtaining such qualification.
| 9. |
Provisioning administration officer |
No person shall be appointed as provisioning administration officer unless he or she has—
| (a) |
an appropriate university degree or an equivalent qualification; or |
| (b) |
a senior or equivalent certificate as well as three years' appropriate experience gained after obtaining such qualification. |
| 10. |
Communication technician |
No person shall be appointed as communication technician unless he or she has an appropriate university degree or equivalent qualification as well as three years' appropriate experience gained after obtaining such qualification.
| 11. |
Communications officer |
No person shall be appointed as communications officer unless he or she has an appropriate university degree or equivalent qualification.
No person shall be appointed as personnel officer unless he or she has an appropriate three-year degree in the arts and sciences, state administration or economic sciences or equivalent qualification as well as three years' appropriate experience gained after obtaining such qualification.
| 13. |
Provisioning administration clerk |
No person shall be appointed as provisioning administration clerk unless he or she has—
| (a) |
a senior or equivalent certificate; or |
| (b) |
a junior or equivalent certificate as well as four years' appropriate experience gained after obtaining such qualification. |
No person shall be appointed as administration clerk unless he or she has—
| (a) |
a senior or equivalent certificate; or |
| (b) |
a junior or equivalent certificate as well as four years' appropriate experience gained after obtaining such qualification. |
No person shall be appointed as personnel clerk unless he or she has
| (a) |
a senior or equivalent certificate; or |
| (b) |
a junior or equivalent certificate as well as four years' appropriate experience gained after obtaining such qualification. |
No person shall be appointed as messenger/driver unless he or she has a senior or equivalent certificate as well as a valid driver's licence for a light motor vehicle.
No person shall be appointed as secretary unless he or she has a senior or equivalent certificate with typing as passed full subject.
No person shall be appointed as typist unless he or she has a junior or equivalent certificate with typing as passed full subject.
| 19. |
Provincial coordinator |
No person shall be appointed as provincial co-ordinator unless he or she has an appropriate university degree or equivalent qualification as well as eight years' appropriate experience gained after obtaining such qualification.
No person shall be appointed as field officer unless he or she has an appropriate university degree or equivalent qualification.
| 21. |
Administrative secretary |
No person shall be appointed as administrative secretary unless he or she has an appropriate university degree or equivalent qualification.
| 22. |
Job descriptions Chief executive officer |
The chief executive officer shall—
| (a) |
exercise or perform all the functions conferred or imposed upon the chief executive officer by the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), the Act and these regulations; |
| (b) |
be responsible for the effective supervision and administration of and control over the staff; |
| (c) |
undertake research for the Commission or cause such research to be undertaken; |
| (d) |
handle all the legal matters in terms of the Act or cause such matters to be handled; |
| (e) |
maintain liaison between the Commission and the staff; and |
| (f) |
exercise or perform the functions referred to in this paragraph in consultation with the chairperson of the Commission. |
A director shall—
| (a) |
supervise the department assigned to him or her by the chief executive officer; |
| (b) |
exercise or perform any function assigned to him or her in terms of regulation 1(2) by the chief executive officer; |
| (c) |
perform the functions or render the services which the chief executive officer or the chairperson of the Commission may from time to time deem necessary in promoting the interests of the Commission or cause such functions to be performed or such services to be rendered; and |
| d) |
exercise or perform the functions referred to in this paragraph in consultation with the chief executive officer. |
A senior legal officer shall—
| (a) |
supervise such staff as the chief executive officer may place under his or her supervision; |
| (b) |
exercise or perform any function assigned to him or her in terms of regulation 1(2) by the chief executive officer; |
| (c) |
perform the duties assigned to him or her by his or her supervisor, if any; |
| (d) |
draft legal documents and documents to give advice to the staff, the chief executive officer and the Commission regarding interpretation, legal liability, exercising of powers, other legal matters and human rights or cause such documents to be drafted; |
| (e) |
perform judicial acts on behalf of the Commission or cause such acts to be performed; and |
| (f) |
exercise or perform the functions referred to in this paragraph in consultation with his or her supervisor, if any, and the chief executive officer. |
A deputy director shall—
| (a) |
supervise such staff as the chief executive officer may place under his or her supervision; |
| (b) |
exercise or perform any function assigned to him or her in terms of regulation 1(2) by the chief executive officer; |
| (c) |
perform the functions or render the services which his or her supervisor, if any, the chief executive officer or the chairperson of the Commission may from time to time deem necessary in promoting the interests of the Commission or cause such functions to be performed or such services to be rendered; and |
| (d) |
exercise or perform the functions referred to in this paragraph in consultation with his or her supervisor, if any, and the chief executive officer. |
A legal officer shall—
| (a) |
draft legal documents and documents to give advice to the staff, the chief executive officer and the Commission regarding interpretation, legal liability, exercising of powers, other legal matters and human rights; |
| (b) |
perform judicial acts on behalf of the Commission; and |
| (c) |
exercise or perform the functions referred to in this paragraph in consultation with his or her supervisor, if any, and the chief executive officer. |
The accountant shall—
| (a) |
ensure that the financial procedures and methods required by section 16(1)(c) and (2) of the Act are applied; |
| (b) |
define and introduce internal control procedures and methods to protect and conserve assets and resources of the Commission; |
| (c) |
ensure by inspection that the procedures and methods contemplated in (b) are being followed; |
| (d) |
report to the chief executive officer on his or her findings as a result of an inspection referred to in (c) and recommend changes in procedures and practises where necessary; |
| (e) |
define and supervise cost accounting and cost analysis to obtain cost distributions per division and unit cost of work performance in terms of labour, material, overhead and other costs; |
| (f) |
analyse and verify expenditure allocations to and cost reports on current, new or proposed services; |
| (g) |
collect and co-ordinate expenditure planning data; |
| (h) |
advise the chief executive officer about the influence of cost advantages of the planning of financial administration, budget deviations, applications for an allocation of funds, about alternative methods to achieve the set goals, about the completeness of estimated costs and the priorities of goals and programs with consideration to the available means and guidelines; |
| (i) |
advise and inform the chief executive officer about the efficiency of the financial control of the Commission ; |
| (j) |
compile budget proposals on the basis of the final decisions of the chief executive officer; |
| (k) |
liaise with the Treasury about matters concerning the provision of funds, authorisation of expenditure, dispensation and other matters where such authority has not been delegated; |
| (l) |
compile appropriation statements with explanatory notes, statements of assets and liabilities and, where applicable, statements of income and expenditure or trading, profits and loss accounts; |
| (m) |
provide the chief executive officer with notes for presentation to the Select Committee on Public Accounts and the Minister with notes for discussion of his budget vote in Parliament; and |
| (n) |
perform the functions referred to in this paragraph in consultation with the chairperson of the Commission, the chief executive officer and his or her supervisor. |
The assistant director shall—
| (a) |
exercise or perform any function assigned to him or her in terms of regulation 1(2) by the chief executive officer; |
| (b) |
perform the functions or render the services which his or her supervisor or the chief executive officer may from time to time deem necessary in promoting the interests of the Commission or cause such functions to be performed or such services to be rendered; and |
| (c) |
exercise or perform the functions referred to in this paragraph in consultation with his or her supervisor. |
29. Librarian
The librarian shall—
| (a) |
develop and maintain a library for use by any member of the Commission or any member of staff; |
| (b) |
operate an information system and present available information on request; |
| (c) |
advise and assist members of staff to obtain information required for the purposes of research; and |
| (d) |
exercise or perform the functions referred to in this paragraph in consultation with his or her supervisor. |
| 30. |
Provisioning administration officer |
The provisioning administration officer shall—
| (a) |
exercise or perform any functions assigned to him or her in terms of regulation 1(2) by the chief executive officer; |
| (b) |
determine the needs and render expert assistance in identifying and determining the needs of the Commission and the staff with regard to all means other than staff and finance, including, but not limited to, accommodation, equipment, materials, facilities and services; |
| (c) |
make arrangements for the provisioning and control of and give advice on the control of all means referred to in (b) that are necessary for the execution of the work of the Commission and the staff; |
| (d) |
perform any function referred to in this paragraph that has an effect on the expenditure of the Commission, in consultation with the accountant; and |
| (e) |
perform any function referred to in this paragraph in consultation with his or her supervisor. |
| 31. |
Communication technician |
The communication technician shall advise the Commission and the chief executive officer on all issues relating to communication, perform the duties assigned to him or her by his or her supervisor and shall do so in consultation with the said supervisor.
| 32. |
Communications officer |
A communications officer shall—
| (a) |
advise the Commission and the chief executive officer on all issues relating to the media; |
| (b) |
draft statements and speeches on behalf of the Commission, any member of the Commission and the chief executive officer; |
| (c) |
act as public spokesperson of the Commission; |
| (d) |
maintain liaison between the Commission and the media; |
| (e) |
maintain liaison with institutions, bodies or authorities contemplated in section 7(1)(b) of the Act; |
| (f) |
develop and conduct information programmes referred to in section 7(1)(a) of the Act; |
| (g) |
collect newspaper and magazine clippings of reports or articles which may be of importance to the Commission or the chief executive officer and submit it on a daily basis to the chairperson and other permanent members of the Commission, the chief executive officer and the various directors, deputy directors and senior legal officers; and |
| (h) |
exercise or perform the functions referred to in this paragraph in consultation with the chairperson of the Commission, the chief executive officer and his or her supervisor, if any. |
The personnel officer shall—
| (a) |
exercise or perform any function assigned to him or her in terms of regulation 1(2) by the chief executive officer; |
| (b) |
be responsible for effective management of the human resources of the Commission; |
| (c) |
operate a personnel information system and present available information on request; |
| (d) |
process and approve applications for leave as contemplated in Chapter VI; |
| (e) |
recruit new members of staff whenever the need arises to do so, draft advertisements as contemplated in paragraph 46, arrange for the placement of such advertisements, supply documentation to interested parties on request, receive and process all applications and identify a short list of suitable candidates for submission to the chief executive officer or cause all such steps to be taken; |
| (f) |
receive and process applications for bursaries contemplated in regulation 17 in consultation with the accountant; |
| (g) |
administer the system of grievances and disciplinary measures whenever it may be necessary to do so; |
| (h) |
deal with all matters relating to labour relations with regard to the staff; |
| (i) |
evaluate whether the existing organization and establishment support and promote the interests of the Commission maximally and, if not, recommend changes in the said organization and establishment to improve the situation; |
| (j) |
process terminations of service contemplated in regulation 22; and |
| (k) |
exercise or perform the functions referred to in this paragraph in consultation with the chief executive officer and his or her supervisor. |
| 34. |
Provisioning administration clerk |
A provisioning administration clerk shall perform all the clerical tasks and office work in support of the provisioning administration officer and shall do so in consultation with the provisioning administration officer.
The administration clerk shall perform all the clerical tasks and office work as signed to him or her by his or her supervisor.
The personnel clerk shall perform all the clerical tasks and office work in support of the personnel officer and shall do so in consultation with the personnel officer.
The messenger/driver shall fetch and deliver post, parcels, photocopies, files, typing and other forms of documentation and articles and keep a register of documents and articles fetched and delivered and shall transport such persons or articles as the chairperson of the Commission or the chief executive officer may direct.
A secretary shall be assigned to an incumbent or incumbents by the chief executive officer and shall-
| (a) |
take notes and do typing for the incumbent; |
| (b) |
keep a diary for the incumbent and remind him or her of engagements; |
| (c) |
answer the telephone and make telephone calls on behalf of the incumbent and canalize telephone calls to the relevant member of staff to prevent the incumbent from spending unnecessary time on the telephone; |
| (d) |
receive visitors on behalf of the incumbent; |
| (e) |
arrange engagements and meetings on behalf of the incumbent and, where necessary, arrange accommodation for and refreshments at meetings; |
| (f) |
make arrangements for the incumbent's journeys and accommodation; |
| (g) |
perform miscellaneous tasks for the incumbent including, but not limited to, tracing files and file documents, making photocopies, ordering stationary and serving tea; and |
| (h) |
assist the typists in typing letters and documents from manuscripts submitted for typing by any member of the Commission or any member of staff. |
A typist shall type with a typewriter, word processor or magnetic card typewriter, letters and documents from manuscripts submitted for typing by any member of the Commission or any member of staff, check the typing done and correct it if necessary.
The executive secretary shall be the secretary of the Commission and shall render all the secretarial services in relation to the Commission or cause such services to be rendered.
| 41. |
Public relations officer |
The public relations officer shall—
| (a) |
advise the Commission and the chief executive officer on all issues relating to the media; |
| (b) |
draft statements and speeches on behalf of the Commission, any member of the Commission and the chief executive officer; |
| (c) |
act as public spokesperson of the Commission; |
| (d) |
maintain liaison between the Commission and the media; and Page 51 of 53 |
| (e) |
exercise or perform the functions referred to in this paragraph in consultation with the chairperson of the Commission and the chief executive officer. |
The personal assistant shall assit the chairperson of the Commission in the exercise or performance of the functions conferred on or assigned to him or her by the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993), the Act and these regulations and shall perform the duties assigned to him or her by the chairperson of the Commission.
| 43. |
Provincial coordinator |
A provincial coordinator shall—
| (a) |
supervise the provincial office of the province for which he or she is appointed; |
| (b) |
exercise or perform any function assigned to him or her in terms of regulation 1 (2) by the chief executive officer; |
| (c) |
maintain liaison between the Commission and chief executive officer and the provincial office concerned; |
| (d) |
perform the functions or render the services which the chief executive officer or the chairperson of the Commission may from time to time deem necessary in promoting the interests of the Commission or cause such functions to be performed or such services to be rendered; and |
| (e) |
exercise or perform the functions referred to in this paragraph in consultation with the chief executive officer. |
A field officer appointed at a provincial office shall perform the functions or render the services which the provincial coordinator may from time to time deem necessary in promoting the interests of the Commission and shall do so in consultation with the provincial coordinator.
| 45. |
Administrative secretary |
An administrative secretary appointed at a provincial office shall perform all the administrative tasks and office work in support of the provincial coordinator and field officer.
| (1) |
Whenever a post on the staff becomes vacant, the post shall be advertised in as many of the official languages as is practicable, but at least Afrikaans and English, in at least two daily newspapers in general circulation in the area where the post has to be filled. |
| (2) |
The advertisement referred to in subparagraph (1) shall indicate the designation of the vacant post, the closing date for applications, the salary scale applicable to the said post, the requirements for appointment to the said post, the name of a person who may be contacted for further information and a brief description of the job content for the post concerned. |
| (3) |
The closing date for applications referred to in subparagraph (2) shall be at least 30 days after publication of the advertisement as contemplated in subparagraph (1). |
| (4) |
Whenever a post on the staff becomes vacant and there is a member of staff who complies with the requirements for appointment to the post concerned and who is willing to be appointed to that post, and if the chief executive officer is willing to appoint that member of staff to the post concerned, the provisions of this paragraph need not be complied with. |
Whenever a post on the staff becomes vacant, any member of staff may, on written appointment by the chief executive officer, act in that post until a person is appointed permanently to that post: Provided that such a member of staff shall be entitled to a pro rata allowance based on the difference between his or her salary notch and the minimum notch of the salary scale of the post concerned for the duration of the acting appointment: Provided further that if the member of staff's salary notch is equal to or higher than the minimum notch of the salary scale of the post concerned, or if the acting appointment is for a period of less than one week, no such allowance shall be payable.
If a post which is vacant has been advertised as contemplated in paragraph 46 and no suitable candidate who complies with the requirements for appointment to the post concerned can be found within a reasonable time, the chief executive officer may in exeptional circumstances, in consultation with the chairperson of the Commission, depart from the requirements for appointment to the post concerned.
| 49. |
Recognition of previous experience |
The appropriate previous experience of a person appointed to a post on the staff may be recognized on the basis of one salary notch increase for each completed years' appropriate experience which exceeds the minimum number of years' appropriate experience which is required for appointment to the post concerned, up to the maximum notch of the salary scale concerned.
National Small Business Act, 1996 (Act 102 of 1996)
