Public Service Act, 1994 (Act No. 103 of 1994)Chapter VII : Obligations, Rights and Privileges of Employees36. Employees as candidates for, and becoming members of, legislatures |
| (1) | An employee may be a candidate for election as a member of the National Assembly, a provincial legislature or a Municipal Council, subject to the code of conduct contemplated in section 41(1)(b)(v) and any other prescribed limits and conditions. |
| (2) | An employee elected as a member of the National Assembly or a provincial legislature or a full-time member of a Municipal Council shall be deemed to have resigned from the public service with effect from the date immediately before the date he or she assumes office as such member. |
| (3) | An employee appointed as a permanent delegate of the National Council of Provinces shall be deemed to have resigned from the public service with effect from the date immediately before the date he or she assumes office as such delegate. |
| (4) | An employee elected as a member of a Municipal Council— |
| (a) | may only remain an employee in the public service if he or she serves as a part-time member of the Council; and |
| (b) | shall comply with section 30(1). |
[Section 36 substituted by section 32 of Act No. 30 of 2007]