Public Service Act, 1994 (Act No. 103 of 1994)
Chapter I : Interpretation and Application of Act
|(1)||In this Act, unless the context indicates otherwise—|
means an accounting officer as defined in section 1 of the Public Finance Management Act;
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;
means a collective agreement referred to in section 5(4);
means the Public Service Commission established by section 196(1) of the Constitution;
means the Public Service Commission Act, 1997 (Act No. 46 of 1997);
means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);
means any days other than Saturdays, Sundays or public holidays as defined in the Public Holidays Act, 1994 (Act No. 36 of 1994);
means a national department, a national government component, the Office of a Premier, a provincial department or a provincial government component;
means an educator as defined in section 1 of the Employment of Educators Act, 1998 (Act No. 76 of 1998);
means the use of information and communication technologies in the public service to improve its internal functioning and to render services to the public;
|(a)||recruitment procedures, advertising and selection criteria;|
|(b)||appointment and the appointment process;|
|(c)||job and occupational classification and grading;|
|(d)||remuneration and other conditions of service;|
|(f)||the working environment;|
|(h)||training and development;|
|(i)||employee performance management systems and practices;|
|(j)||transfer and secondment;|
|(l)||management of poor performance and ill health;|
|(m)||termination of employment;|
means the posts which have been created for the normal and regular requirements of a department;
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 such portfolio;|
|(c)||the Office of the Commission, means the Chairperson of the Commission;|
|(d)||the Office of a Premier or a provincial government component within a Premier's portfolio, means the Premier of that province; and|
|(e)||a provincial department or a provincial government component within an Executive Council portfolio, means the member of the Executive Council responsible for such portfolio;|
means any person upon whom a power is conferred or a duty is imposed by this Act;
means a national government component or a provincial government component;
means gratification as defined in section 1 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 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 an employee acting in such post;
"Labour Relations Act"
means the Labour Relations Act, 1995 (Act No. 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;
[Definition amended by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]
"member of the services"
means a member of—
|(a)||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 No. 42 of 2002);|
|(b)||the South African Police Service appointed, or deemed to have been appointed, in terms of the South African Police Service Act, 1995 (Act No. 68 of 1995); or|
|(c)||the Department of Correctional Services appointed, or deemed to have been appointed, in terms of the Correctional Services Act, 1998 (Act No. 111 of 1998);|
means the Minister for the Public Service and Administration;
means a period extending from the first to the last day, both days inclusive, of any one of the 12 months of a year;
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;
means a post on the establishment for which financial provision exists;
means prescribed by regulation;
in relation to a national or provincial government component, means the department listed in column 3 in Part A or B of Schedule 3;
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 No. 1 of 1999);
means the public service contemplated in section 8;
means a regulation made in terms of section 41;
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;
means a set of salaries;
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 No. 65 of 2002);
[Definition inserted by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]
includes the regulations, determinations, deemed determinations contemplated in section 5(6) and directives made in terms of this Act.
|(2)||Any reference in this Act to a reduction in a scale of salary or salary, in relation to an officer, shall be construed as including a reference to the application of a scale of salary which is lower than the scale previously applied as regards the maximum of the scale, or to a salary which is lower in comparison with a salary which would have applied at any time prior to that reduction, as the case may be, and a reference in that connection to a reduction in grade or to a grade being lower than another grade shall be construed correspondingly.|
|(3)||Where it is uncertain who the executing authority or head of department is for the purposes of any act under this Act in respect of an officer or employee, the Minister shall indicate the authority or head to be regarded as the executing authority or head of department in the case concerned.|