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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

65. Advertising

 

(1) An executive authority shall ensure that vacant posts in the department are advertised, as efficiently and effectively as possible, to reach the entire pool of potential applicants, including designated groups.

 

(2) An advertisement for a post shall as a minimum specify the job title, salary scale, core functions, place of work, inherent requirements of the job, including any other requirements prescribed in these Regulations.

 

(3) A vacant post in the SMS shall be advertised nationwide.

 

(4) An executive authority shall advertise any other vacant post, as a minimum, within the department, but may also advertise such post—
(a) in the public service;
(b) locally; or
(c) nationwide.

 

(5) When advertising outside the department, the department shall also advertise in the public service vacancy circular issued by the Department of Public Service and Administration.

 

(6) An advertisement for a post shall not unfairly discriminate against or prohibit any suitably qualified person or employee from applying.

 

(7) A funded vacant post shall be advertised within six months after becoming vacant and be filled within twelve months after becoming vacant.

 

(8) An advertisement contemplated in subregulation (4) may be utilised to create a pool of potential employees for a period of not more than 6 months from the date of advertisement to fill any other vacancy in the relevant department if—
(a) the job title, core functions, inherent requirements of the job and the salary level of the other vacancy is the same as the post advertised; and
(b) the selection process contemplated in regulation 67 has been complied with.

 

(9) With due regard to the criteria in regulation 67(5)(b) to (f), an executive authority may fill a vacant post without complying with subregulations (3) and (4) if—
(a) the department can fill the post from the ranks of employees who have been declared in excess and are on a salary level linked to the grade of that post;
(b) the department can appoint into the post an employee who was appointed under an affirmative action measure as contemplated in section 15 of the Employment Equity Act;
(c) the post is to be filled through a transfer of an employee in terms of section 12(3) or 14 of the Act; or
(d) the post falls within an occupation or category of employees as directed by the Minister.