| (b) | The head of department shall conclude the prescribed contract within the prescribed period. |
| (c) | The relevant executive authority may at the expiry of the term of office of a head of department or at the expiry of an extended term of office extend the term for a period of not more than five years at a time. |
| (a) | The President may transfer the head of a national department or national government component before or at the expiry of his or her term, or extended term, to perform functions in a similar or any other capacity in a national department or national government component in a post of equal, higher or lower grading, or additional to the establishment, as the President considers appropriate. |
| (b) | The Premier of a province may transfer the head of the Office of the Premier, a provincial department or a provincial government component before or at the expiry of his or her term, or extended term, to perform functions in a similar or any other capacity in the Office of the Premier, a provincial department or a provincial government component of the relevant province in a post of equal, higher or lower grading or additional to the establishment, as the Premier considers appropriate. |
| (c) | The President may, in consultation with the Premier or Premiers concerned, transfer before or at the expiry of his or her term, or extended term— |
| (i) | the head of a national department to perform functions in a similar or any other capacity in the Office of a Premier, a provincial department or a provincial government component; or |
| (ii) | the head of the Office of a Premier, a provincial department or a provincial government component, to perform functions in a similar or any other capacity in the Office of a Premier, a provincial department or provincial government component of another province or in a national department or national government component, |
in a post of equal, higher or lower grading or additional to the establishment, as the President, in consultation with the Premier or Premiers, considers appropriate.
| (d) | A transfer in terms of this subsection may only occur if— |
| (i) | the relevant head of department consents to the transfer; or |
| (ii) | after due consideration of any representations by the head, the transfer is in the public interest. |
| (e) | Any person appointed as head of department or government component who is transferred in terms of this subsection— |
| (i) | during his or her term of office or extended term— |
| (aa) | shall for the unexpired portion of that term not suffer any reduction in salary and change of other conditions of service, unless he or she consents thereto; and |
| (bb) | to a higher post shall not by reason only of that transfer be entitled to the higher salary applicable to the higher post; and |
| (ii) | at the expiry of his or her term of office, or extended term, shall receive the salary and conditions of service attached to the capacity in which he or she is so transferred. |
| (4) | If it is in the public interest and it is allowed by a determination made in terms of section 3(5), an executive authority may, on the conditions provided for in such determination, grant a special service benefit to head of the relevant department before or at the expiry of his or her term of office or an extended term, or at the time of retirement or dismissal from the public service. |
[Section 12 substituted by section 17 of Act No. 30 of 2007]
