CHAPTER EIGHT
MISCELLANEOUS (ss 37 - 44)

 

37.   Remuneration of employees

  1. Employees shall be paid the salaries and allowances in accordance with the salary scale and salary level determined by the Minister in terms of section 3 (5).

  2. An executive authority may, only if it is allowed by regulation and to the extent prescribed-
    1. grant employees or classes of employees of the relevant department on appointment or transfer salaries higher than the minimum amounts of the appropriate salary levels of the applicable salary scales;
    2. grant employees or classes of employees of the relevant department special advancement in salaries within the salary level of the salary scale applicable to them; and
    3. grant an employee of the relevant department special advancement in salary within the salary level of the salary scale applicable to him or her or grant him or her a salary in accordance with a higher salary level or any other reward, if he or she has exceptional ability or special qualifications or has rendered meritorious service and it is in the public interest.

38.   Wrongly granted remuneration

  1.  
    1. If an incorrect salary, salary level, salary scale or reward is awarded to an employee, the relevant executive authority shall correct it with effect from the date on which it commenced.
    2. Paragraph (a) shall apply notwithstanding the fact that the employee concerned was unaware that an error had been made in the case where the correction amounts to a reduction of his or her salary.

  2. If an employee contemplated in subsection (1) has in respect of his or her salary, including any portion of any allowance or other remuneration or any other benefit calculated on his or her basic salary or salary scale or awarded to him or her by reason of his or her basic salary-
    1. been underpaid, an amount equal to the amount of the underpayment shall be paid to him or her, and that other benefit which he or she did not receive, shall be awarded to him or her as from a current date; or
    2. been overpaid or received any such other benefit not due to him or her-
      1. an amount equal to the amount of the overpayment shall be recovered from him or her by way of the deduction from his or her salary of such instalments as the relevant accounting officer may determine if he or she is in the service of the State, or, if he or she is not so in service, by way of deduction from any moneys owing to him or her by the State, or by way of legal proceedings, or partly in the former manner and partly in the latter manner;
      2. that other benefit shall be discontinued or withdrawn as from a current date, but the employee concerned shall have the right to be compensated by the State for any patrimonial loss which he or she has suffered or will suffer as a result of that discontinuation or withdrawal.

  3. The accounting officer of the relevant department may remit the amount of an overpayment to be recovered in terms of subsection (2) (b) in whole or in part.

39.   ...... (deleted)

40.   Limitation of liability

Whenever any person is conveyed in or makes use of any vehicle, aircraft or vessel which is the property of the State, the State or a person in the service of the State shall not be liable to such person or his or her spouse, parent, child or other dependant for any loss or damage resulting from any bodily injury, loss of life or loss of or damage to property caused by or arising out of or in any way connected with the conveyance in or the use of such vehicle, aircraft of vessel, unless such person is so conveyed or makes use thereof in, or in the interest of, the performance of the functions of the State: Provided that the provisions of this section shall not affect the liability of a person in the service of the State who wilfully causes the said loss or damage.

41.   Regulations

  1. Subject to the Labour Relations Act and any collective agreement, the Minister may make regulations regarding-
    1. any matter required or permitted by this Act to be prescribed;
    2. any matter referred to in section 3 (1), including, but not limited to-
      1. the allocation, transfer and abolition of functions in terms of section 3 (4) and the staff performing such functions;
      2. employment additional to the establishment and restrictions on the employment of persons, other than permanently or for fixed periods or specific tasks, in the public service as a whole;
      3. the appointment of unpaid voluntary workers who are not employees and their functions;
      4. the co-ordination of work in a department or between two or more departments;
      5. a code of conduct for employees;
      6. the disclosure of financial interests by all employees or particular categories of employees and the monitoring of such interests; and
      7. the position of employees not absorbed into a post upon its re-grading;

    3. the reporting on and assessment of compliance with this Act and the review for appropriateness and effectiveness of any regulations, determinations and directives made under this Act;
    4. the designation or establishment of one or more authorities vested with the power to authorise a deviation from any regulation under justifiable circumstances, including the power to authorise such deviation with retrospective effect for purposes of ensuring equality; and
    5. any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the proper implementation or administration of this Act.

  2. Different regulations may be made to suit the varying requirements of particular departments or divisions of departments, of particular categories of employees or of particular kinds of employment in the public service.

  3. The Minister may issue directives which are not inconsistent with this Act to elucidate or supplement any regulation.

42.   Public service handbooks

The Minister shall cause appropriate determinations and directives made or issued in terms of this Act to be included in one or more handbooks to be used by the public service.

42A.   Delegation

  1.  
    1. The Minister may-
      1. delegate to the Director-General: Public Service and Administration any power conferred on the Minister by this Act, except the power to make regulations; or
      2. authorise that Director-General to perform any duty imposed on the Minister by this Act.

    2. The Director-General: Public Service and Administration may-
      1. delegate to any employee of his or her department any power delegated to him or her in terms of paragraph (a); or
      2. authorise that employee to perform any duty he or she is authorised to perform in terms of paragraph (a).

  2.  
    1. Subject to subsection (3) (b), the Premier of a province may-
      1. delegate to the head of the Office of a Premier in the province any power conferred on the Premier by this Act; or
      2. authorise that head to perform any duty imposed on the Premier by this Act.

    2. The head of the Office of a Premier may-
      1. delegate to any employee in that Office any power delegated to him or her in terms of paragraph (a); or
      2. authorise that employee to perform any duty he or she is authorised to perform in terms of paragraph (a).

  3. The executive authority referred to in section 12 (1) may, in the case of-
    1. the President, delegate to the Deputy President or a Minister any power conferred on the President by section 12; or
    2. the Premier of a province, authorise a Member of the relevant Executive Council to perform any duty imposed on the Premier by section 12.

  4. Subject to subsection (3), an executive authority may-
    1. delegate to the head of a department any power conferred on the executive authority by this Act; or
    2. authorise that head to perform any duty imposed on the executive authority by this Act.

  5. The head of a department or any other functionary may-
    1. delegate to any employee of the department any power-
      1. conferred on that head by this Act; or
      2. delegated to that head in terms of subsection (4); or

    2. authorise that employee to perform any duty-
      1. imposed on that head by this Act; or
      2. that that head is authorised to perform in terms of subsection (4).

  6. Any person to whom a power has been delegated or who has been authorised to perform a duty under this section shall exercise that power or perform that duty subject to the conditions the person who made the delegation or granted the authorisation considers appropriate.

  7. Any delegation of a power or authorisation to perform a duty in terms of this section-
    1. shall be in writing;
    2. does not prevent the person who made the delegation or granted the authorisation from exercising that power or performing that duty himself or herself; and
    3. may at any time be withdrawn in writing by that person.

43.   Repeal of laws and savings

  1. Subject to the provisions of subsection (2), the laws mentioned in Schedule 4 are hereby repealed to the extent indicated in the third column of that Schedule.

  2. Anything done under any law repealed by subsection (1) and which could be done under a provision of this Act, shall be deemed to have been done under that provision.

  3. to (5) inclusive ...... (deleted)

44.   Short title

This Act shall be called the Public Service Act, 1994.