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


Public Service Regulations, 2016

Chapter 3 : Planning, Organisational Arrangements and Service Delivery

Part 2 : Organisational and functional arrangements

32. Transfer of functions


(1) If the Minister or the Premier of a province makes a determination in terms of section 3(4)(b) or (c) or 3A(b) of the Act regarding the transfer of functions between departments—
(a) the relinquishing department shall transfer all concomitant resources to the receiving department;
(b) the recipient department shall co-ordinate the transfer and ensure that the employees' terms and conditions for employment are, upon transfer, on the whole not less favourable than those on which such employees were employed by the relinquishing department;
(c) the recipient department shall accept accountability for the functions from the date of the transfer;
(d) the accounting officer of the relinquishing department shall retain accountability for matters originating prior to the date of transfer; and
(e) the transfer of funds shall take place in accordance with the requirements of regulation 6.5 of the Treasury Regulations.


(2) The concomitant resources contemplated in subregulation (1)(a) includes all those employees or posts related to the performance of core or support functions, assets and tools of trade pertaining to the function to be transferred identified in accordance with a determination issued in terms of section 3(4)(b) or (c) or 3A(b) of the Act.


(3) All affected employees shall be transferred in terms of section 14 of the Act.