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EXPLANATORY NOTE TO PUBLIC SERVICE REGULATIONS, 2001
Ø The Minister for the Public Service and Administration has in terms of section
41(1) of the Public Service Act, 1994, made the Public Service Regulations, 2001
— see Government Notice No. R. 1 of 5 January 2001 (Government Gazette No.
21951)
Ø The Public Service Regulations, 2001, replaces the Public Service Regulations,
1999
Ø The Public Service Regulations, 2001, took effect on 1 January 2001
Ø A new set of regulations was made in order to—
• provide for the new senior management dispensation – Chapter 4 and
Annexure 2
• consolidate all the amendments made since 1 July 1999. The following
amendments were made to the Public Service Regulations, 1999:
ü insertion of Chapter 3 (financial disclosure) – Government Notice
No. R. 310 of 31 March 2000
ü deletion of Regulation V.D of Chapter 1 (salary range progression)
– Government Notice No. R. 468 of 12 May 2000
ü addition of paragraph 5 to Annexure 1 (Z forms) – Government
Notice No. R. 901 of 15 September 2000
ü amendment of regulation I B.2, III B; III H and III J.1 (annual
report) – Government Notice No. R. 1036 of 27 October 2000
• provide for National Minimum Information Requirements – Regulation VII
H, read with Regulation III B.1(f), of Chapter 1
• amend the provisions regarding the content and format of certain
information to be included in the annual report – Regulation III J of
Chapter 1 and paragraph 1 of Annexure 1
• clarify the effective date for absorption of an incumbent employee in a
higher-graded post – Regulation V C.7 of Chapter 1
• require the verification of qualifications and suitability of a person before
her or his appointment – Regulation VII D.8 of Chapter 1
Ø Below follows a summary of the new provisions:
• Chapter 4 of the new Regulations provides for the new senior management
service. It has been drafted to give effect to the Policy Statement on the
Establishment of the Senior Management Service approved by Cabinet on 23
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August 2000. The Regulations include a revised contract for heads of
departments (Annexure 2 - Part 1), a contract for a permanent member of
the senior management service (Annexure 2 - Part 2) and a contract for a
member of the senior management service employed for a fixed term or
specific project (Annexure 2 - Part 3). Appendix A relates to the conditions of
service of each member. Please note that these contracts are to be utilised
for newly appointed staff only (i.e. SMS members appointed as from 1
January 2001). Chapter 4 of the Regulations will be complemented by the
Senior Management Service Handbook as provided for in Regulation I D of
Chapter 4.
• Regulation III J of Chapter 1 now permits the Minister to determine which
information regarding human resource related issues is to be included in the
annual report and also the format of that information. This power may only
be exercised from the financial year commencing on 1 April 2001. The
requirements regarding the content of the annual report for the financial year
ending 31 March 2001 as contained in Regulation III J.1 of Chapter 1 of the
Public Service Regulations, 1999, is retained in paragraph 1 of Annexure 1 to
the Public Service Regulations, 2001.
• Regulation V C.7 of Chapter 1 clarifies the effective date for absorption of an
incumbent employee in a higher-graded post. It provides that the absorption
of the incumbent employee in the higher-graded post as provided under
Regulation V C.6 shall take effect on the first day of the month following the
month during which the executing authority approves that absorption.
• Regulation VII D.8 of Chapter 1 provides that an executing authority, before
deciding on an appointment or the filling of a post, must satisfy herself or
himself that the candidate qualifies in all respects for the post and that her or
his claims in her or his application for the post have been verified and must
record in writing that verification. Departments should ensure that this
requirement is implemented in respect of all new appointments (including
those effected under delegated authority).
• Regulation VII H of Chapter 1 now provides that a head of department must
keep records of each employee and each post on the approved establishment
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in terms of National Minimum Information Requirements to be issued by the
Minister. Regulation III B.1 (f) of Chapter 1 supports this amendment.
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