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

Regulations

Public Service Regulations, 2016

Chapter 1 : General Provisions

2. Interpretation

 

(1) These Regulations shall be read in conjunction with the Act.

 

(2) In these Regulations any word or expression bears the meaning which was assigned in the Act, unless the context indicates otherwise—

 

"Basic Conditions of Employment Act"

means the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997);

[Definition inserted by section 2 of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]

 

"CDWP"

means the community development workers programme contemplated in regulation 107;

 

"competency"

means the combination of knowledge, skills, behaviour and aptitude that a person can apply in the work environment, which indicates a person's ability to meet the requirements of a specific post;

 

"designated groups"

means designated groups as defined in section 1 of the Employment Equity Act;

 

"Employment Equity Act"

means the Employment Equity Act, 1998 (Act No. 55 of 1998);

 

"family member"

in relation to any person, means his or her parent, sister, brother, child or spouse—

(a) including a person living with that person as if they were married to each other, namely a life partner;
(b) whether such relationship results from birth, marriage or adoption;
(c) including any other relative who resides permanently with that person; and
(d) including any other relative who is of necessity dependent on such person;

 

"financial year"

means a financial year as defined in section 1 of the Public Finance Management Act;

 

"grade"
means the relative value of a particular job as reflected by the job weight, which is linked to a salary level in a salary scale used in the public service;

 

"inherent requirements of the job"

means the competency, experience, qualifications and any other requirement that an employee needs in order to perform a job;

 

"job"

means the functions according to which one or more posts of the same grade are created;

 

"job weight"

means a numerical value assigned to reflect selected characteristics of a job as measured by a job evaluation and job grading system;

 

"OSD"

means an occupation specific dispensation determined by the Minister in terms of regulation 42;

 

"Public Service Charter"

means the charter as agreed upon in Public Service Coordinating Bargaining Council Resolution 1 of 2013;

 

"sectoral bargaining council"

means a council established or deemed to be established by the Public Service Co-ordinating Bargaining Council in terms of section 37 of the Labour Relations Act;

 

"SMS"

means the Senior Management Service consisting of employees who are incumbents of posts graded on level 13 or above, unless specifically excluded in terms of a determination or deemed determination by the Minister;

 

"the Act"

means the Public Service Act, 1994 (promulgated under Proclamation 103 of 1994);

 

"Treasury Regulations"

means the Treasury Regulations made in terms of section 76 of the Public Finance Management Act, as amended.