| (1) |
Subject to subregulation (3), only the following persons have access to a submitted form or the register: |
| (b) |
the executive authority to whom the form is submitted; |
| (c) |
the head of department to whom the form is submitted; |
| (d) |
Commissioners of the Commission; |
| (e) |
The Director-General: Office of the Public Service Commission; |
| (f) |
The Director-General: Public Service and Administration; |
| (g) |
The relevant designated ethics officer as contemplated in regulation 23; |
| (h) |
such other persons designated by the Minister, an executive authority, head of department or the chairperson of the Commission for purposes of record keeping and the effective implementation of this Part; |
| (i) |
subject to the approval of the executive authority in respect of the information of a head of department or the head of department in respect of the information of any other employee- |
| (i) |
persons appointed to investigate, initiate or conduct disciplinary proceedings; and |
| (ii) |
law enforcement agencies charged with investigating or prosecuting an alleged offence; and |
| (j) |
a person or institution authorised by statute. |
[Regulation 20(1)(g)(h) substituted by section 8(a)(i)(ii) and insertion of Regulation 20(1)(i)(j) by section 8(b) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]
| (2) |
No person who has access to a submitted form or the register may, except when a court so orders, disclose any information in that form or register to anyone other than— |
| (a) |
a designated employee in respect of his or her submitted form or an entry in the register in respect of that employee; or |
| (b) |
another person who is permitted access in terms of subregulation (1) or to whom access is granted in accordance with subregulation (3). |
| (3) |
Any person, other than a person contemplated in subregulation (1), may only be given access to a submitted form or the register in terms of section 11 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000). |
Basic Conditions of Employment Act, 1997
