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Public Service Commission Act, 1997 (Act No. 46 of 1997)

Part IV : General

15. Repeal of laws and transitional provisions in respect of certain offices and personnel

 

(1) Subject to the provisions of subsection (2), the laws mentioned in the Schedule are hereby repealed to the extent indicated in the third column thereof.

 

(2) Notwithstanding the repeal of any law by subsection (1) but subject to the provisions of subsection (3)—
(a) any office of—
(i) the Public Service Commission functioning in accordance with any such law; or
(ii) any provincial service commission established by any such law,

shall be deemed to constitute the office of the Commission until otherwise dealt with under this Act, the Public Service Act or any other applicable law;

(b) any officer who was immediately prior to the commencement of this Act employed by any such Public Service Commission or provincial service commission shall be deemed to have been transferred to the service of the Commission under the Public Service Act, and he or she shall perform such functions as the Commission may determine.

 

(3) Any member of staff in excess of the organisational needs of the Commission  may—
(a) be transferred to any department or other organisational component in the public service; and
(b) be absorbed in an applicable post in any such department or organizational component, or be employed out of adjustment in a post in, or additional to the fixed establishment of, any such department or organisational component until otherwise dealt with.