Public Service Act, 1994 (Act No. 103 of 1994) Chapter I : Interpretation and Application of Act 1. Interpretation

 

 

"accounting officer"

means an accounting officer as defined in section 1 of the Public Finance Management Act;

 

"calendar month"

means a period extending from a day in one month to a day preceding the day corresponding numerically to that day in the following month, both days inclusive;

 

"collective agreement"

means a collective agreement referred to in section 5(4);

 

"Commission"

means the Public Service Commission established by section 196(1) of the Constitution;

 

"Commission Act"

means the Public Service Commission Act, 1997 (Act No. 46 of 1997);

 

"Constitution"

means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

 

"days"

means any days other than Saturdays, Sundays or public holidays as defined in the Public Holidays Act, 1994 (Act No. 36 of 1994);

 

"department"

means a national department, a national government component, the Office of a Premier, a provincial department or a provincial government component;

 

"educator"

means an educator as defined in section 1 of the Employment of Educators Act, 1998 (Act No. 76 of 1998);

 

"electronic government"

means the use of information and communication technologies in the public service to improve its internal functioning and to render services to the public;

 

"employee"

means a person contemplated in section 8, but excludes a person appointed in terms of section 12A;

 

"employment practice"

includes—

 

"establishment"

means the posts which have been created for the normal and regular requirements of a department;

 

"executive authority"

in relation to—

 

"functionary"

means any person upon whom a power is conferred or a duty is imposed by this Act;

 

"government component"

means a national government component or a provincial government component;

 

"gratification"

means gratification as defined in section 1 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004);

 

"head of department", "head of a department" or "head of the department"

means the incumbent of a post mentioned in Column 2 of Schedule 1, 2 or 3 and includes an employee acting in such post;

 

"Labour Relations Act"

means the Labour Relations Act, 1995 (Act No. 66 of 1995);

 

"member of the Intelligence Services"

means a member of the State Security Agency appointed or deemed to have been appointed in terms of the Intelligence Services Act, 2002;

[Definition amended by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]

 

"member of the services"

means a member of—

 

"Minister"

means the Minister for the Public Service and Administration;

 

"month"

means a period extending from the first to the last day, both days inclusive, of any one of the 12 months of a year;

 

"national department"

means a national department referred to in section 7(2);

 

"national government component"

means a national government component referred to in section 7(2);

 

"Office of a Premier"

means the Office of a Premier referred to in section 7(2);

 

"organ of state"

means an organ of state as defined in section 239 of the Constitution;

 

"post"

means a post on the establishment for which financial provision exists;

 

"prescribed"

means prescribed by regulation;

 

"principal department"

in relation to a national or provincial government component, means the department listed in column 3 in Part A or B of Schedule 3;

 

"provincial department"

means a provincial department referred to in section 7(2);

 

"provincial government component"

means a provincial government component referred to in section 7(2);

 

"Public Finance Management Act"

means the Public Finance Management Act, 1999 (Act No. 1 of 1999);

 

"public service"

means the public service contemplated in section 8;

 

"regulation"

means a regulation made in terms of section 41;

 

"revenue"

means the National Revenue Fund established by section 213(1) of the Constitution or, in relation to any province, the relevant Provincial Revenue Fund established by section 226(1) of the Constitution, as the case may be;

 

"salary level"

means a set of salaries;

 

"salary scale"

means a set of salary levels from a minimum to a maximum;

 

"State Security Agency"

means the State Security Agency referred to in section 3 of the Intelligence Services Act, 2002 (Act No. 65 of 2002);

[Definition inserted by section 53 of the General Intelligence Laws Amendment Act, 2013 (Act No. 11 of 2013)]

 

"this Act"

includes the regulations, determinations, deemed determinations contemplated in section 5(6) and directives made in terms of this Act.