Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Public Service Act, 1994 (Act No. 103 of 1994)Chapter II : Administration of the Public Service, including the South African Management and Development Institute and the Training Fund5. Implementation or limitation of actions affecting public service or its members |
| (1) | For the purposes of this section the term 'act' means the making of any regulation, the making of any determination, the issuing of any directive or the taking of any decision. |
[Section 5(1) substituted by section 7(a) of Act No. 30 of 2007]
| (2) | A determination or directive, or any withdrawal or amendment thereof, made or issued by the Minister in terms of this Act shall take effect on the date of the written communication conveying the making of the determination, the issuing of the directive or the withdrawal or amendment thereof, unless expressly stated otherwise in that communication, determination or directive. |
[Section 5(2) substituted by section 7(a) of Act No. 30 of 2007]
| (3) | Any act by the Minister in terms of this Act which relates to all employees, a category of employees or a particular employee may be effected retrospectively if— |
| (a) | circumstances exist which justify such retrospective effect; and |
| (b) | the act is not to the detriment of the employee or employees concerned. |
[Section 5(3) substituted by section 7(a) of Act No. 30 of 2007]
| (4) | Any act by any functionary in terms of this Act may not be contrary to the provisions of— |
| (a) | any collective agreement contemplated in item 15(i) of Schedule 7 to the Labour Relations Act; or |
| (b) | any collective agreement concluded by a bargaining council established in terms of the said Act for the public service as a whole or for a particular sector in the public service. |
[Section 5(4) substituted by section 7(a) of Act No. 30 of 2007]
| (5) | Notwithstanding subsection (4), but subject to the Labour Relations Act— |
| (a) | [Section 5(5)(a) deleted by section 7(c) of Act No. 30 of 2007] |
| (b) | the last offer made by the State as employer in a bargaining council referred to in the said subsection (4) on a specific matter may, if a deadlock in negotiations is reached, be implemented by acting in terms of the provisions of this Act or any other law, provided any such act does not have the effect of reducing existing remuneration or other service benefits, except in accordance with section 34. |
[Section 5(5) substituted by section 7(b) of Act No. 30 of 2007]
| (6) |
| (a) | Any provision of a collective agreement contemplated in subsection (4), concluded on or after the commencement of the Public Service Amendment Act, 2007, shall, in respect of conditions of service of employees appointed in terms of this Act, be deemed to be a determination made by the Minister in terms of section 3(5). |
| (b) | The Minister may, for the proper implementation of the collective agreement, elucidate or supplement such determination by means of a directive, provided that the directive is not in conflict with or does not derogate from the terms of the agreement. |
[Section 5(6) inserted by section 7(d) of Act No. 30 of 2007]
| (7) |
| (a) | A functionary shall correct any action or omission purportedly made in terms of this Act by that functionary, if the action or omission was based on an error of fact or law or fraud and it is in the public interest to correct the action or omission. |
| (b) | The relevant executive authority shall in the prescribed manner keep record of and report to the Minister any correction by a functionary of a department within the portfolio of that executive authority. |
[Section 5(7) inserted by section 7(d) of Act No. 30 of 2007]
| (8) |
| (a) | The Commission may investigate compliance with this Act and may issue directions contemplated in section 196(4)(d) of the Constitution in order to ensure compliance with this Act and in order to provide advice to promote sound public administration. |
| (b) | If the Commission issues a direction contemplated in paragraph (a), the relevant executive authority or head of department, as the case may be, shall implement the direction as soon as possible after receipt of the written communication conveying the direction but, in any event, within 60 days after the date of such receipt. |
[Section 5(8) inserted by section 7(d) of Act No. 30 of 2007]
[Section 5 substituted by section 3 of Act No. 47 of 1997]
