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

Regulations

Public Service Regulations, 2016

Chapter 4 : Employment Matters

Part 4 : Appointments and other employment matters

57. General conditions for appointment

 

(1) An executive authority—
(a) shall not appoint any person—
(i) under the age of 15 years of age; or
(ii) under the minimum school-leaving age in terms of any law.
(b) shall determine the health requirements for incumbency of a post in any case where it is part of the inherent requirements of the post;
(c) shall subject an employee or a candidate for employment to personnel suitability checks as directed by the Minister;
(d) shall ensure that each person upon appointment, is provided with written particulars of employment, including the terms and conditions of his or her service; and
(e) shall not, with due regard to section 10(a) of the Act, appoint a temporary employee permanently or vice versa without complying with regulations 65 and 67.

 

(2) An executive authority may, unless otherwise authorised by the Act, within the available budget and at a salary level linked to a grade determined through job evaluation or as determined in an OSD, employ persons additional to the establishment, where—
(a) the incumbent of a post is expected to be absent for such a period that his or her duties cannot be performed by other employees;
(b) a temporary increase in work occurs or it is necessary for any other reason to temporarily increase the staff of the department;
(c) an employee's post has been abolished and he or she cannot be transferred into another post; or
(d) an employee is part of a development programme as contemplated in regulation 58.

 

(3) Before making a decision on an appointment of a person additional to the establishment, an executive authority shall—
(a) satisfy himself or herself that the person qualifies in all respects for the position and that his or her claims in his or her application for the position have been verified; and
(b) record that verification in writing.

 

(4) The employment of a person additional to the establishment in terms of subregulation (2)(a) or (b) shall not exceed 12 consecutive calendar months unless otherwise directed by the Minister.

 

(5) An appointment shall take effect after approval by the relevant executive authority.

 

(6) An appointment shall take effect on the date of an employee's assumption of duty. If an employee assumes duty on the first working day of the month and this day is not the first day of the month, the first day of the month is deemed to be his or her date of assumption of duty.