CHAPTER SEVEN
OBLIGATIONS, RIGHTS AND PRIVILEGES OF EMPLOYEES (ss 28-36)

 

28.   Rights and obligations

An employee shall fulfil the obligations imposed upon him by this Act or any other law, and he or she shall have the rights and may be granted the privileges which are prescribed by or under this Act or any other law.

29.   Saving regarding rights and obligations

No provision of this Act shall be construed as abrogating or derogating from any existing, accruing or contingent right, liability or obligation of any person flowing from any other law.

30.   Other remunerative work by employees

  1. No employee shall perform or engage himself or herself to perform remunerative work outside his or her employment in the relevant department, except with the written permission of the executive authority of the department.

  2. For the purposes of subsection (1) the executive authority shall at least take into account whether or not the outside work could reasonably be expected to interfere with or impede the effective or efficient performance of the employee's functions in the department or constitute a contravention of the code of conduct contemplated in section 41 (1) (b) (v).

  3.  
    1. The executive authority shall decide whether or not to grant permission, contemplated in subsection (1), within 30 days after the receipt of the request from the employee in question.
    2. If the executive authority fails to make a decision within the 30 day period, it would be deemed that such permission was given.

31.   Unauthorized remuneration

    1.  
      1. If any remuneration, allowance or other reward (other than remuneration contemplated in section 38 (1) or (3)), is received by an employee in connection with the performance of his or her work in the public service otherwise than in accordance with this Act or a determination by or directive of the Minister, or is received contrary to section 30, that employee shall, subject to subparagraph (iii), pay into revenue-

        2. (aa)   an amount equal to the amount of any such remuneration, allowance or reward; or
        (bb)   if it does not consist of money, the value thereof as determined by the head of the department in which he or she was employed, at the time of the receipt thereof.
      2. If the employee fails to so pay into revenue the amount or value, the said head of department shall recover it from him or her by way of legal proceedings and pay it into revenue.
      3. The employee concerned may appeal against the determination of the head of department to the relevant executive authority.
      4. The accounting officer of the relevant department may approve that the employee concerned retains the whole or a portion of the said remuneration, allowance or reward.

    2. If-
      1. in the opinion of the head of department mentioned in paragraph (a) an employee has received any remuneration, allowance or other reward contemplated in that paragraph; and
      2. it is still in his or her possession or under his or her control or in the possession or under the control of any other person on his or her behalf, or, if it is money, has been deposited in any bank as defined in section 1 (1) of the Banks Act, 1990 (Act 94 of 1990), or a mutual bank as defined in section 1 (1) of the Mutual Banks Act, 1993 (Act 124 of 1993), in his or her name or in the name of any other person on his or her behalf, that head of department may in writing require that employee or that other person or that financial institution not to dispose thereof, or, if it is money, not to dispose of a corresponding sum of money, as the case may be, pending the outcome of any legal steps for the recovery of that remuneration, allowance or reward or the value thereof.

    3. A person of the financial institution contemplated in paragraph (b) who or which fails to comply with a requirement in terms of that paragraph, shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year.
    4. The provisions of this section shall also apply to an officer who is a head of department, and in such a case a reference to a head of department shall be construed as a reference to the Treasury.

  2.  
    1. Subject to paragraph (b), any salary, allowance, fee, bonus or honorarium which may be payable in respect of the services of an employee placed temporarily at the disposal of an organ of state, another government or body contemplated in section 15 (3) shall be paid into revenue.
    2. In circumstances regarded by the relevant executive authority as exceptional, the said authority may approve of paying out of revenue an amount equal to that salary, allowance, fee, bonus or honorarium, or a portion thereof, to the employee concerned.

  3. For the purposes of subsection (1) (a) (i)-
    1. 'this Act' includes any law repealed by this Act;
    2. 'determination of the Minister' includes any recommendation of the Public Service Commission established by section 209 (1) of the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993), or of any commission for administration, public service commission or other like institution established by or under, or which functioned in accordance with, any such law; and
    3. 'section 30 (b)' includes any corresponding provision of any such law.

32.   Direction to perform other functions or to act in another post

  1. Subject to such conditions as may be prescribed, an executive authority or the head of a department may direct an employee under his or her control temporarily to perform any functions other than those ordinarily assigned to the employee or appropriate to his or her grade or post.

  2.  
    1. An employee may be directed in writing to act in a post subject to such conditions as may be prescribed.
    2. Such acting appointment shall be made-
      1. in the case of the post of head of department, by the relevant executive authority;
      2. in the case of any other post, by the employee occupying the post, unless otherwise determined by the head of department.

  3. The performance evaluation of the relevant employee shall take place with due regard to a direction in terms of subsection (1) or (2).

33.   Cession of emoluments

No employee shall without written approval of the accounting officer, as defined in section 1 of the Public Finance Management Act, of the department or office in which he or she is employed, cede the right to the whole or any part of any salary or allowance payable to him or her.

34.   Non-reduction of salaries

The salary of an employee shall not be reduced without his or her consent except in terms of section 38, an Act of Parliament or a collective agreement.

35.   Grievances of employees

  1. For the purposes of asserting the right to have a grievance concerning an official act or omission investigated and considered by the Commission-
    1. an employee may lodge that grievance with the relevant executive authority under the prescribed circumstances, on the prescribed conditions and in the prescribed manner; and
    2. if that grievance is not resolved to the satisfaction of the employee, that executive authority shall submit the grievance to the Commission in the prescribed manner and within the prescribed period.

  2. After the Commission has investigated and considered any such grievance, the Commission may recommend that the relevant executive authority acts in terms of a particular provision or particular provisions of this Act or any other law if, having regard to the circumstances of the case, the Commission considers it appropriate to make such a recommendation.

  3. A head of department may lodge any such grievance with-
    1. the relevant executive authority in terms of subsection (1); or
    2. directly with the Commission under the prescribed circumstances, on the prescribed conditions and in the prescribed manner.

  4.  
    1. An employee may only refer a dispute to the relevant bargaining council in the public service or the Commission for Conciliation, Mediation and Arbitration, or institute court proceedings, in respect of a right referred to in subsection (1) if-
      1. he or she has lodged a grievance in terms of that subsection; and
      2. the department does not resolve the grievance to his or her satisfaction within the period prescribed in the rules, contemplated in subsection (5) or the period for referring such dispute or instituting such court proceedings, whichever period is the shorter.

    2. Paragraph (a) shall not apply to a head of department who has lodged a grievance directly with the Commission in terms of subsection (3) (b).

  5. For the purposes of subsections (1) and (3) (b), the powers conferred upon the Commission by section 11 of the Commission Act shall be deemed to include the power to make rules which are not inconsistent with the provisions of this section as to the investigation of grievances concerning official acts or omissions, and 'prescribed' means prescribed by the Commission by rule under the Commission Act.

36.   Employees as candidates for, and becoming members of, legislatures

  1. An employee may be a candidate for election as a member of the National Assembly, a provincial legislature or a Municipal Council, subject to the code of conduct contemplated in section 41 (1) (b) (v) and any other prescribed limits and conditions.

  2. An employee elected as a member of the National Assembly or a provincial legislature or a full-time member of a Municipal Council shall be deemed to have resigned from the public service with effect from the date immediately before the date he or she assumes office as such member.

  3. An employee appointed as a permanent delegate of the National Council of Provinces shall be deemed to have resigned from the public service with effect from the date immediately before the date he or she assumes office as such delegate.

  4. An employee elected as a member of a Municipal Council-
    1. may only remain an employee in the public service if he or she serves as a part-time member of the Council; and
    2. shall comply with section 30 (1).