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Public Service Act, 1994 (Act No. 103 of 1994)

Chapter I : Interpretation and Application of 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 officers and 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.


(a) Subject to the Labour Relations Act and any collective agreement, the determination of any conditions of service for—
(i) employees in general or a particular category in terms of this Act; and
(ii) 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.

(b) For the purposes of paragraph (a)—
(i) 'conditions of service' means annual salary adjustments, salary scales or levels, performance bonuses, pay incentives or pension benefits; and
(ii) 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.


(3) [Section 2(3) deleted by section 2(c) of Act No. 30 of 2007]


(4) [Section 2(4) deleted by section 2(a) of Act No. 47 of 1997]


(5) [Section 2(5) deleted by section 2(c) of Act No. 30 of 2007]


(6) [Section 2(6) deleted by section 2(c) of Act No. 47 of 1997]