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

Chapter VIII : Miscellaneous

41. Regulations


(1) Subject to the Labour Relations Act and any collective agreement, the Minister may make regulations regarding—
(a) any matter required or permitted by this Act to be prescribed;
(b) any matter referred to in section 3(1), including, but not limited to—
(i) the allocation, transfer and abolition of functions in terms of section 3(4) and the staff performing such functions;
(ii) employment additional to the establishment and restrictions on the employment of persons, other than permanently or for fixed periods or specific tasks, in the public service as a whole;
(iii) the appointment of unpaid voluntary workers who are not employees and their functions;
(iv) the co-ordination of work in a department or between two or more departments;
(v) a code of conduct for employees;
(vi) the disclosure of financial interests by all employees or particular categories of employees and the monitoring of such interests; and
(vii) the position of employees not absorbed into a post upon its re-grading;
(c) the reporting on and assessment of compliance with this Act and the review for appropriateness and effectiveness of any regulations, determinations and directives made under this Act;
(d) the designation or establishment of one or more authorities vested with the power to authorise a deviation from any regulation under justifiable circumstances, including the power to authorise such deviation with retrospective effect for purposes of ensuring equality; and
(e) any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act.


(2) Different regulations may be made to suit the varying requirements of particular departments or divisions of departments, of particular categories of employees or of particular kinds of employment in the public service.


(3) The Minister may issue directives which are not inconsistent with this Act to elucidate or supplement any regulation.


[Section 41 substituted by section 35 of Act No. 30 of 2007]