PRESIDENT'S
OFFICE
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- No. 622.
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12 April 1996
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- NO. 13 OF 1996: PUBLIC
SERVICE AMENDMENT ACT, 1996.
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- It is hereby notified that
the President has assented to the following Act which is hereby
published for general information:-
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GENERAL
EXPLANATORY NOTE:
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- << >> Words
between pointed brackets indicate insertions in existing
enactments.
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ACT
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- To provide for the removal
of unjust differentiation between "officers" and
"employees" as defined in the
Public Service Act, 1994; to
amend the Public Service Act, 1994, so as to further regulate the
appointment of heads of department;
to protect the existing
retirement age of serving employees notwithstanding the removal of
such differentiation; and to provide
for matters connected
therewith.
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- (Afrikaans text
signed by the President.) (Assented to 10 April 1996.)
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- BE IT ENACTED by the
Parliament of the Republic of South Africa, as follows:- Removal of
differentiation between officer and employee
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1. (1) From the date of
commencement of this Act (hereinafter referred to as the
commencement date), unless clearly inappropriate-
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- (a) every person who is
an "employee" as defined in section 1(1) of the Public
Service Act, 1994 (Proclamation No.
103 of 1994), immediately
before the commencement date, by virtue of his or her relationship
with the State as employer, shall
be deemed to be an "officer"
as so defined, and the provisions of the Public Service Act, 1994,
shall for all purposes
apply to such person as if he or she were an
"officer" as so defined;
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- (b) any post which
immediately before the commencement date is included in the B
division of the public service in terms of
section 8 of the Public
Service Act, 1994, shall be deemed to have been so included in the
A division of that service; and
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- (c) the provisions of the
Public Service Act, 1994, which immediately before the commencement
date applied to employees and
to posts in the B division, shall
cease to apply to such persons or posts,
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- and to that extent the
Public Service Act, 1994, shall be deemed to have been amended.
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(2) For
the purposes of subsection (1) any reference to the Public Service -
Act, 1994, however expressed,
shall be construed so as to include a reference to the regulations
and the Public Service Staff
Code contemplated in sections 41
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and 42 of the Public Service
Act, 1994, respectively. Amendment of section 12 of Public Service
Act, 1994
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2. Section 12 of the Public
Service Act, 1994 (Proclamation No. 103 of 1994), is hereby amended-
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(a) by the substitution for
paragraph (a) of subsection (1) of the following paragraph:
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- "(a) (i) a person
who is appointed as an officer in the office of head of
department;
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- (ii) an officer who is
promoted or transferred to that office; or
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- (iii) an officer who, at
the commencement of this Act, occupies such an office for a fixed
term under a law repealed by this
Act,
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- shall in the case of a
person referred to in subparagraph (i) or (ii), occupy that office
<<in a full-time capacity>>
for a period of five years,
or such shorter period as the relevant executing authority may,
subject to the provisions of subsection
(3), approve from the date
of his or her appointment, promotion or transfer, and, in the case
of a person referred to in subparagraph
(iii), occupy that office
for the unexpired portion of the term for which he or she was
appointed as
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head of department in terms of
the relevant repealed law;"; (b) by the addition to subsection
(1) of the following paragraph:
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"(<<d) a
person who is appointed in the office of head of department
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must be a South African
citizen>>.". Amendment of section 16 of Public Service
Act, 1994
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3. Section 16 of the
Public Service Act, 1994, is hereby amended by the
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substitution for paragraph (a)
of subsection (1) of the following paragraph:
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- "(a) Subject to the
provisions of this section, an officer, other than a member of the
services or an educator or a member
of the Agency or the Service,
shall have the right to retire from the public service, and shall
be so retired, on the date
when he or she attains the age of
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65 years: <<Provided
that a person who is an employee on the day immediately before the
commencement of the Public Service Amendment Act,
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1996, has the right to retire
on reaching the retirement age or prescribed retirement date
provided for in any other law applicable
to him or her on that
day>>.".
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- Short title
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- 4. This Act shall be
called the Public Service Amendment Act, 1996.
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