| (1) | The Minister is responsible for establishing norms and standards relating to— |
| (a) | the functions of the public service; |
| (b) | the organisational structures and establishments of departments and other organisational and governance arrangements in the public service; |
| (c) | the conditions of service and other employment practices for employees; |
| (d) | labour relations in the public service; |
| (e) | health and wellness of employees; |
| (f) | information management in the public service; |
| (h) | integrity, ethics, conduct and anti-corruption in the public service; and |
| (i) | transformation, reform, innovation and any other matter to improve the effectiveness and efficiency of the public service and its service delivery to the public. |
| (2) | The Minister shall give effect to subsection (1) by making regulations, determinations and directives, and by performing any other acts provided for in this Act. |
(3)
| (a) | The Minister may, by regulation, establish one or more bodies consisting of prescribed employees or other persons or both such employees and persons to serve as a consultative body for, or an advisory body to, the Minister on any matter referred to in subsection (1). |
| (b) | Provision for representation on any such body by organised labour and other stakeholders shall, where appropriate, be prescribed. |
| (c) | The functions and procedures of such body, the remuneration (if any) of its members and any matter necessary to be regulated for its effective or efficient functioning may be prescribed. |
| (a) | for the purposes of section 7(5), advise the President regarding the establishment or abolition of any department, the designation of any such department and the head thereof or the amendment of such designation; |
| (b) | after consultation with the relevant executive authority or executive authorities, as the case may be, make determinations regarding— |
| (ii) | the transfer of any function from one national department or national government component to another or from a national department to a national government component or any other body or from a national government component to a national department or any other body or from any other body to a national department or national government component; |
| (c) | in consultation with the Premier of the province concerned, make determinations regarding— |
| (ii) | the transfer of any function from— |
| (aa) | the Office of the Premier, provincial department or provincial government component of a province to the Office of the Premier, provincial department or provincial government component of another province; |
| (bb) | the Office of the Premier, provincial department or provincial government component to a national department or any body established by or under any law, other than a provincial law; or |
| (cc) | a national department or such other body to the Office of the Premier, provincial department or provincial government component. |
| (a) | Subject to the Labour Relations Act and any collective agreement, the Minister may make determinations regarding any conditions of service of employees generally or categories of employees, including determinations regarding a salary scale for all employees or salary scales for particular categories of employees and allowances for particular categories of employees. |
| (b) | A determination involving expenditure from revenue shall be made in consultation with the Minister of Finance. |
| (a) | If so requested by the President or an executive authority, the Minister may advise, or assist in such manner or on such conditions as the Minister may determine, the President or the relevant executive authority as to any matter relating to— |
| (ii) | any staffing arrangements or employment practice regarding any organ of state; or |
| (iii) | the remuneration or other conditions of appointment of the office-bearers of any board, institution or body. |
| (b) | For the purposes of paragraph (a), the Minister, or any person authorised in writing by the Minister, has access to such official documents and may obtain such information from the chairperson or head of the relevant board, institution or body as may be necessary to advise or assist the President or the relevant executive authority. |
| (7) | An executive authority has all those powers and duties necessary for— |
| (a) | the internal organisation of the department concerned, including its organisational structure and establishment, the transfer of functions within that department, human resources planning, the creation and abolition of posts and provision for the employment of persons additional to the fixed establishment; and |
| (b) | the recruitment, appointment, performance management, transfer, dismissal and other career incidents of employees of that department, including any other matter which relates to such employees in their individual capacities, |
and such powers and duties shall be exercised or performed by the executive authority in accordance with this Act.
| (a) | The relevant executive authority may, subject to paragraphs (b) and (c), perform any act in connection with any matter which relates to or arises from the employment or the conditions of service of a person formerly employed in the public service whilst he or she was so employed in the department concerned. |
| (b) | An executive authority may only so perform an act if he or she would at the relevant time have been competent in terms of this Act or any other law to perform any such act in respect of a serving employee. |
| (c) | No such act shall be to the detriment of the person concerned, and the relevant executive authority shall not perform any such act in respect of any such person after the expiry of a period of three years after he or she ceased to be so employed. |
| (d) | On request of the relevant executive authority and on good cause shown, the Minister may in respect of a particular person extend the period of three years with such period as the Minister considers appropriate. |
[Section 3 substituted by section 3 of Act No. 30 of 2007]
