| (1) | Any person who was employed by an organ of state immediately before he or she is appointed in terms of section 9 shall be deemed to be transferred to the public service in respect of such conditions of service and to such extent as the Minister may determine in terms of section 3(5). |
| (2) | If it is in the public interest and if the prescribed conditions (if any) have been complied with, the executive authority of a department may, with the approval of the employer concerned, approve the secondment of a person in the service of an organ of state, another government or any other body to the department— |
| (a) | for a particular service or period not exceeding the prescribed period (if any); and |
| (b) | on the prescribed conditions (if any) and such other conditions as agreed between the relevant functionary of the body concerned and the executive authority. |
(3)
| (a) | The executive authority of a department may second an employee of the department to another department, any other organ of state, another government or any other body— |
| (i) | for a particular service or period not exceeding the prescribed period (if any); and |
| (ii) | on the prescribed conditions (if any) and such other conditions as agreed upon between the executive authority and the relevant functionary of the body concerned. |
| (b) | The secondment of an employee of a department may occur only if— |
| (i) | the employee requests, or consents to, the secondment; or |
| (ii) | in the absence of such request or consent, after due consideration of any representations by the employee, the secondment is in the public interest. |
| (c) | While on secondment, an employee remains subject to this Act and any other laws applicable to employees in the public service, except to the extent otherwise agreed upon, as provided for in paragraph (a)(ii). |
[Section 15 substituted by section 22 of Act No. 30 of 2007]
