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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

66. Filling of posts in Office of executive authorities and Deputy Ministers

 

(1) An executive authority may only fill vacancies in the Office of an executive authority or a Deputy Minister by means of:
(a) an appointment in terms of section 9 of the Act for the term of office of the incumbent executive authority or Deputy Minister which will terminate at the end of the first month after the month in which the term of that executive authority or Deputy Minister terminates for any reason;
(b) a transfer in terms of section 14 of the Act, provided that the employment status of the transferred employees as permanent or temporary, as the case may be, shall remain unaffected by the transfer.

[Regulation 66(1) substituted by regulation 2(a) of the Public Service Amendment Regulations, 2018, Notice No. 125, GG 42223, dated 8 February 2019]

 

(2) Subject to the appointment criteria in regulation 67(5)(b) to (d), an executive authority may fill a post in the Office of the executive authority or a Deputy Minister in that executive authority's portfolio, in terms of subregulation (1) without complying with regulations 65(1); (3) and (4).

 

(3) Subregulation (1) shall not be construed as preventing the secondment in terms of section 15(2) or (3) of the Act of a person or an employee or an assignment in terms of section 32 of the Act of an employee to perform the functions of a post in the office of an executive authority or a Deputy Minister.

 

(4) Any employee employed in terms of subregulation (1)(a) shall not be transferred within the department or to another department without complying with regulation 65(1), (3) and (4).

[Regulation 66(4) inserted by regulation 2(b) of the Public Service Amendment Regulations, 2018, Notice No. 125, GG 42223, dated 8 February 2019]