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

Regulations

Public Service Regulations, 2016

Chapter 4 : Employment Matters

Part 4 : Appointments and other employment matters

66. Filling of posts in Offices of executive authorities, the Deputy President and Deputy Ministers

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[Regulation 66 heading substituted by section 30 of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]

 

(1)An executive authority may only fill vacancies in the Office of an executive authority, Deputy President, or a Deputy Minister by means of an appointment in terms of section 9 of the Act for the term of office of the incumbent executive authority, Deputy President or Deputy Minister which will terminate at the end of the month after the month in which the term of that executive authority, Deputy President or Deputy Minister terminates for any reason.

 

(2)Subject to the appointment criteria in regulation 67(5)(b) to (d), an executive authority may fill a post in the Office of the executive authority, Deputy President or a Deputy Minister in terms of subregulation (1) without advertising the post and without convening a selection panel as contemplated in regulations 65 and 67 respectively.

 

(3)Subregulation (1) shall not be construed as preventing the secondment in terms of section 15(2) or (3) of the Act of a person or an employee or an assignment in terms of section 32 of the Act of an employee to perform the functions of a post in the office of an executive authority, a Deputy President or a Deputy Minister.

 

(4)An employee employed in terms of subregulation (1) shall not be transferred within the department or to another department.

 

[Regulation 66 substituted by section 30 of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]