| (1) |
An executive authority shall appoint a selection committee to make a recommendation on the appointment to a post. The selection committee shall consist of at least three members who are employees of a grade equal to or higher than the grade of the post to be filled or suitable persons from outside the public service. However— |
| (a) |
the chairperson of the selection committee, who shall be an employee, shall be of a grade higher than the post to be filled; and |
| (b) |
in the event that the head of the component within which the vacant post is located, is graded lower than the vacant post, such a head may be a member of the selection committee. |
| (2) |
A selection committee constituted for the appointment of— |
| (a) |
the head of a national department or national government component, shall be chaired by the executive authority responsible for the portfolio in which the vacancy exists and include at least two other executive authorities of a national department and a national head of department; |
| (b) |
the head of the Presidency, shall be chaired by a Minister in the Presidency and include at least two other executive authorities of a national department and a national head of department; |
| (c) |
the head of the Office of the Commission, shall be chaired by the chairperson of the Commission and include at least the Minister and one other executive authority of a national department and the head of a national department; |
| (d) |
the head of the Office of the Premier, shall include at least three members of the Executive Council of the relevant province and the head of any national department and shall be chaired by a member of the Executive Council of the relevant province; |
| (e) |
the head of a provincial department or provincial government component, shall be chaired by the relevant member of the Executive Council and include at least two other members of the Executive Council of the relevant province and the head of the Office of the Premier of the province; |
| (f) |
a Deputy Director-General of a national department, shall be chaired by the executive authority responsible for the portfolio in which the vacancy exists and include at least two Deputy Ministers and the relevant head of department; |
| (fA) |
a Deputy Director-General in the Presidency, shall be chaired by a Minister in the Presidency and include at least two Deputy Ministers and a head of department; |
[Regulation 67(2)(fA) inserted by section 31(a) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]
| (g) |
a Deputy Director-General of the Office of the Commission, shall be chaired by the chairperson of the Commission and include at least two Deputy Ministers and the head of the Office of the Commission; and |
| (h) |
a Deputy Director-General of— |
| (i) |
the Office of the Premier, shall be chaired by a member of the Executive Council and include at least two other members of the Executive Council of the relevant province and the head of the Office of the Premier; and |
| (ii) |
a provincial department, shall be chaired by the relevant member of the Executive Council and include at least two other members of the Executive Council of the relevant province and the head of the relevant provincial department. |
| (3) |
A selection committee shall, where possible, include adequate representation of designated groups. |
| (4) |
Any suitably qualified employee may provide secretarial or advisory services during the selection process. |
| (5) |
The selection committee shall make a recommendation on the suitability of a candidate after considering only— |
| (a) |
information based on valid methods, criteria or instruments for selection that are free from any bias or discrimination; |
| (b) |
the inherent requirements of the post; |
| (c) |
the department's employment equity plan as contemplated in regulation 27; and |
| (d) |
in respect of candidates applying for posts from salary level 9 and above— |
| (i) |
the level of understanding of the relevant departmental mandates; |
| (ii) |
the ability to identify problems and find innovative solutions; and |
| (iii) |
the ability to work in a team. |
| (6) |
A selection committee shall record the reasons for its recommendation with reference to the criteria mentioned in subregulation (5). |
| (7) |
If the selection committee is unable to recommend a suitable person for appointment from those who applied in terms of subregulation (5), the executive authority may, after that selection process has been completed approve— |
| (a) |
the headhunting of one or more persons with the requisite competencies and subject such person or persons to the same selection process as those who applied; or |
| (b) |
re-advertise the post. |
[Regulation 67(7) substituted by section 31(b) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]
| (8) |
If an executive authority does not approve a recommendation of a selection committee, he or she shall record the reasons for his or her decision in writing and may approve— |
| (a) |
the headhunting of one or more persons with the requisite competencies and subject such person or persons to the same selection process as those who applied; or |
| (b) |
re-advertise the post, |
[Regulation 67(8) substituted by section 31(c) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]
| (9) |
Before making a decision on an appointment or the filling of a post, an executive authority shall— |
| (a) |
satisfy himself or herself that due processes have been complied with, the candidate qualifies in all respects for the post and that his or her claims in his or her application for the post have been verified as directed by the Minister; and |
| (b) |
record that verification in writing. |
[Regulation 67(9)(a) substituted by section 31(d) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]
Contingency Fees Act, 1997
