Public Service Act, 1994 (Act No. 103 of 1994)

Chapter IV : Employment in Public Service

12A. Appointment of persons on grounds of policy considerations

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(1)Subject to this section, such executive authorities as the Cabinet may determine may appoint one or more persons under a contract, whether in a full-time or part-time capacity—
(a)to advise the executive authority on the exercise or performance of the executive authority's powers and duties;
(b)to advise the executive authority on the development of policy that will promote the relevant department's objectives; or
(c)to perform such other tasks as may be appropriate in respect of the exercise or performance of the executive authority's powers and duties.

[Section 12A(1) amended by section 18 of Act No. 30 of 2007]

 

(2)The maximum number of persons that may be appointed by an executive authority under this section and the upper limits of the remuneration and other conditions of service of such persons shall be determined by the Cabinet in the national sphere of government.

 

(3)The special contract contemplated in subsection (1) shall include any term and condition agreed upon between the relevant executive authority and the person concerned, including—
(a)the contractual period, which period shall not exceed the term of office of the executive authority;
(b)the particular duties for which the person concerned is appointed; and
(c)the remuneration and other conditions of service of the person concerned.

 

[Section 12A inserted by section 6 of Act No. 86 of 1998]