Public Administration Management Act (Act No. 11 of 2014)

Chapter 3 : Employment in Public Administration

6. Secondments

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(1) Any employee of an institution may be seconded to another institution or to any other organ of state in such manner, and on such terms and conditions as may be prescribed.

 

(2) An employee may be seconded in terms of subsection (1)—
(a) if the employee possesses the necessary skills and knowledge for the intended position at the time of the secondment; and
(b) if the employee requests or consents to the secondment; or
(c) in the absence of consent, after due consideration of any representations by the employee, if the secondment is justified.

 

(3) Any employee of an institution may only be seconded in terms of subsection (1) to—
(a) another institution in consultation with the relevant executive authorities of the seconding and recipient institutions; or
(b) an organ of state other than an institution, on request of the organ of state and in consultation with the relevant authority of the seconding institution.
(4)
(a) If an employee is seconded between a national or provincial institution and a municipal institution or from one provincial or municipal institution to another provincial or municipal institution, the remuneration and conditions of service of the employee upon the secondment are as agreed between the executive authorities of the transferring and recipient institutions.
(b) If an employee is seconded in terms of subsection (1) and unless the employee consents, the remuneration and conditions of service may not be less favourable than those on which the employee was employed immediately before the secondment.

 

[Section 6 not yet commenced - refer Proclamation No. 15 of 2019, GG 42337, dated 29 March 2019]