Amendments to Public Service Regulations: briefing by Department

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Meeting report

PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATION

PUBLIC SERVICE & ADMINISTRATION PORTFOLIO COMMITTEE
16 March 1998
AMENDMENTS TO PUBLIC SERVICE REGULATIONS: BRIEFING

Documents handed out
Public Service Regulations Final Draft (see Appendix)

Before the presentation began, S.J. De Beer (NP) asked whether the presentation should be postponed since only four committee members were present. Acting chairperson, Ms M Rantho (ANC), reported that other members would arrive and determined that the presentation should begin.

The Director-General, P Ncholo, said that the implementation of the regulations will not begin on 1 April 1998 but by June or July due to such circumstances as the delay in the appointment of Commissioners.

The Deputy-Project Manager (New Regulations & Good Management Guide), Ruan Kitshoff, stated that the purpose of the meeting was to draw the amendments (which represented an integration of the committee's concerns) to the attention of the committee members. In particular, he focused on the code of conduct, the management of misconduct, and performance management. Mr. Kitshoff reported that training programmes have been established in the Western and Northern Cape and the Eastern Cape programme is to begin later in the month. He then gave an overview of the regulations, pointing out the changes made [see Part 2(D), Part 3(B), Part 4(A), (C)(3), (F)(3), Part 5(B)(2)&(3), Part 6, Part 7(B), Part 8(B), Part 9 of the following document.] The amendments in the draft were accepted.

Appendix: PUBLIC SERVICE REGULATIONS
Final Draft

Department of Public Service and Administration
5 March 1998


Table of contents

PART I: PRELIMINARY
A. CITATION
B. INTERPRETATION
C. STATUTORY AUTHORISATION
D. SCOPE OF APPLICATION
E. THE LAPSE OF PREVIOUS PRESCRIPTS AND TRANSITIONAL
ARRANGEMENTS
F. COMMUNICATION WITH THE MINISTER AND IN THE MEDIA


PART II: DELEGATIONS AUTHORISATIONS AND RESPONSIBILITIES
A. PRINClPLES
B. DELEGATIONS AND AUTHORISATIONS
C. RESPONSIBILITIES
D. NEPOTISM AND FAVOURITISM IN EMPLOYMENT DESICIONS
E HANDLING OF OFFICIAL INFORMATION AND DOCUMENTS

F. EMPLOYEE RECORDS

PART Ill: PLANNING AND ORGANISING WORK FOR SERVICE DELIVERY
A. PRINCIPLES
B. PLANNING
C. SERVICE DELIVERY PROGRAMME
D. WORK ORGANISATION AND JOB EVALUATION
D.1 Job descriptions and titles
D.2 Job evaluation
D.3 Additional employment
D.4 Review of work practices
D.5 Transfer of functions between departments
E. HUMAN RESOURCE PLANNING
F. INFORMATION RESOURCES

PART IV: EMPLOYEE COMPENSATION AND WORKING ENVIRONMENT
A. PRINCIPLES
B. GRADING AND REMUNERATION
B.1 Salary scales and allowances
B.2 Grading
B.3 Code of Remuneration
B.4 Overtime
B.5
Members of the Part-time Component of the South African National Defence Force (SANDF)
B.6 Incorrect or unauthorised remuneration
C. SALARY RANGE PROGRESSION
D. GENERAL CONDITIONS OF SERVICE
E. INFORMATION ON REMUNERATION
F. WORKING ENVIRONMENT
F.1 Principles
F.2 Working hours
F.3 Emergency work
F.4 Health and safety

PART V: PROCEDURES FOR APPOINTMENT, PROMOTIONS AND
TERMINATION OF SERVICE
A. PRINCIPLES
B. CONDITIONS FOR APPOINTMENTS
B.1 General
B.2 Appointment of non-citizens
B.3 Contract of employment
B.4 Reappointment of former employees
B.5 Secondments
B.6 Transfers and translations
B.7 Acting in higher posts
C. RECRUITMENT
C.1 Principles
C.2 Determination of requirements for employment
C.3 Advertising
D. SELECTION
E. PROBATION
F. PROMOTION
G. TERMINATION OF SERVICE
G.1 Principles
G.2 Age retirement
G.3 Resignation
G.4 Early retirement
G.5 Abscondment
G.6 III Health
G.7 Operational requirements
G.8 Inefficiency
G.9 Termination of probation

PART VI: PERFORMANCE MANAGEMENT, TRAINING AND EDUCATION

A. PERFORMANCE MANAGEMENT
A.1 Principles
A.2 System for performance assessment
A.3 Instruments for performance assessment
A.4 Communication of assessment results
A.5 Poor performance
A.6 Good performance
A.7 Financial incentive schemes
A.8 Suggestions, Improvements and Inventions
B. TRAINING AND EDUCATION
B.1 Principles
B.2 Institutional arrangements
B.3 Training prescribed by the Minister
B.4 Occupational specific competencies and training
B.5 Training assistance

PART VII: LABOUR RELATIONS, APPEALS AND MISCONDUCT
A. LABOUR RELATIONS AND NEGOTIATIONS
A.1 Principles
A.2 Responsibilities in collective bargaining
A.3 Matters with fiscal implications
B. APPEALS PROCEDURE
B.1 Principles
B.2 Process
C. MISCONDUCT
C.1 General
C.2 Formal procedures under Section 21 to 26 of the Act

PART VIII: INFORMATION MANAGEMENT AND INFORMATION
TECHNOLOGY
A. PRINCIPLES
B. RESPONSIBILITIES OF THE MINISTER

PART IX: MANAGERIAL REVIEW
A. PRINCIPLES
B. GENERAL
C. ANNUAL REPORTS
C.2.1 Service delivery
C.2.2 Organisation and Remuneration
C.2.3 Recruitment, promotions and termination of service
C.2.4 Performance management and skills development
C.2.5 Health and safety
C.2.6 Collective Agreements



PART I: PRELIMINARY

A. CITATION
These regulations shall be called the Public Service Regulations (PSR), hereinafter referred to as the Regulations.

B. INTERPRETATION
B.1 These Regulations must at all times be read in conjunction with the Public Service Act, 1994.

B.2 The Public Service Act, 1994, hereinafter referred to as the Act, provides interpretations for these Regulations unless specific definitions provide otherwise.

B.3 In these Regulations

approved establishment means posts approved by an executing authority
to support ongoing core and support functions of the department;

competence means the blend of knowledge, skills and attitudes which a person possesses and is capable of applying in the work environment and it is indicative of a person's ability to deal effectively with the requirements attached to a specific post;

department means a department or provincial administration indicated in Schedule 1 of the Act, an organisational component indicated in Schedule 2 of the Act and a provincial department;

departmental bargaining council means a bargaining council contemplated in Item 20(b)(i) and (ii) of Schedule 7 of the Labour Relations Act, 1995, as well as a bargaining council established in terms of Section 37 of the Labour Relations Act, 1995, for a department or a provincial administration:

employee means an officer or employee as defined in the Act;

grade means the relative value of a particular job as reflected by the job weight;

performance assessment instrument means a form listing criteria and method for assessing employees' performance;

job weight means the numerical value assigned to reflect selected characteristics of a particular job by a job-evaluation instrument;

persons historically disadvantaged mean persons or categories of persons who have suffered unfair discrimination including on the grounds of race, gender, and disability;

representativeness
means a public service broadly representative of the South African people, including representation according to race, gender and disability;

salary range means a limited range of salaries, within the salary scale, linked to a specific job weight/grade.

salary scale means a range of salaries from the minimum wage to the maximum wage for the public service, an occupation or a sector within the public service, with various specific amounts denoted as the beginning and end of salary ranges, or as notches within a salary range;

sectoral bargaining council means a bargaining council, other than a
departmental bargaining council, established for a sector designated in
terms of Section 37 of the Labour Relations Act, 1995;

skill means the ability of a person to apply required knowledge and expertise to deal with the tasks and responsibilities attached to a specific post; and

training means all those structured activities that enable (prospective) employees to improve their work competence, knowledge, skills, insight, attitudes, or values, and it shall also be construed to include education, development and training assistance.


C. STATUTORY AUTHORISATION
Section 41 of the Act authorises the Regulations.


D. SCOPE OF APPLICATION
These Regulations apply to all persons employed and institutions governed in terms of the Act, and for persons employed in the Services, agencies or state educational institutions, these regulations shall apply only in so far as they are not contrary to the laws governing their employment.


E. THE LAPSE OF PREVIOUS PRESCRIPTS AND TRANSITIONAL ARRANGEMENTS
E.1 The Public Service Regulations, the Public Service Staff Code, as well as other prescripts issued in terms of the Act, or its predecessors, which applied prior to these Regulations, lapse as from the commencement of these Regulations.

E.2 Matters of mutual interest shall be addressed in terms of the Labour Relations Act, 1995.

E.3 The Minister shall determine transitional arrangements for the implementation and application of these Regulations.

F. COMMUNICATION WITH THE MINISTER AND IN THE MEDIA
F.1 If a head of department or head of provincial department needs to communicate with the Minister on matters that fall within the scope of the Minister's powers and functions, she or he shall communicate through the Director General: Public Service and Administration.

F.2 A head of department or a head of provincial department shall submit for prior consultation to the Director General: Public Service and Administration any draft legislation, subordinate legislation or policy documents that impact on the powers, functions or duties of the Minister.

F.3 A head of department or a head of provincial department shall, for purposes of communicating with the Minister, conduct correspondence in at least one of the official languages in which these Regulations have been published by the Minister.

F.4 A head of department or a head of provincial department shall establish a policy on how employees in her or his department may communicate in the media.


PART II: DELEGATIONS, AUTHORISATIONS AND RESPONSIBILITIES

A. PRINCIPLES
For a head of department or a head of provincial department to manage her or his department efficiently and effectively, it is essential that she or he be provided with sufficient authority by the executing authority. Similarly, a head of department or head of provincial department should empower employees in the department with appropriate delegations and authorisations.


B. DELEGATIONS AND AUTHORISATIONS
B.1 An executing authority, head of department or head of provincial department may delegate any power or duty that the Regulations confer upon her or him to an employee of her or his department, and may set conditions on that delegation. Any agreed delegations and authorisations shall be recorded in writing and incorporated into the employment contracts required in PSR V B.3.1 (b) and B.3.3.

B.2 Where the Regulations assign any power or duty to an executing authority, head of department or head of provincial department, she or he may assign an employee to perform it.

B.3 An executing authority, head of department or head of provincial department who has delegated a power or duty deriving from these Regulations to an employee, may still exercise the power or duty personally.

C. RESPONSIBILITIES
C.1 An executing authority shall uphold the principles and measures set out in these Regulations and may not require or permit a head of department or a head of provincial department to engage in any activity or take any decision that would breach its terms.

C.2 A head of department or a head of provincial department shall ensure that these Regulations, the Code of Conduct contained in Annexure A of these Regulations as well as any departmental code of conduct, any collective agreements and any statutory obligations are complied with within her or his department and shall deal immediately and effectively with any breach.

C.3 An executing authority, head of department or head of provincial department shall exercise their powers and duties and carry out their obligations under these Regulations in accordance with the Labour Relations Act, 1995 and collective agreements.

C.4 An executing authority, a head of department, or a head of a provincial department shall obtain prior Treasury approval for any decision that involves expenditure from revenue.

D. NEPOTISM AND FAVOURITISM IN EMPLOYMENT DECISIONS
D.1 Where possible conflict of interest arises in the making of any decision regarding employment, the executing authority or employee to whom a power or duty has been delegated or assigned, shall make a decision only after considering a recommendation of an independent panel consisting of at least two persons.

D.2 An executing authority or the employee to whom power or duty has been delegated or assigned, shall record in writing the reasons for any deviations from the recommendations of an independent panel.

D.3 An executing authority or employee shall not accept or seek material recompense of any kind from employees or prospective employees in return for specific employment decisions or services.

E. HANDLING OF OFFICIAL INFORMATION AND DOCUMENTS
E.1 An employee shall not release official information to the public unless she or he has the requisite authority to do so.

F. EMPLOYEE RECORDS
F.1 A head of department or head of a provincial department shall keep a
record of each employee with, as a minimum, the following information:-
(a) Full name.
(b) Date of birth.
(c) Identity number
(d) Citizenship
(e) The employee's status, as self-defined for purposes of monitoring representativeness, according to race, gender and disability, with race defined as African, Coloured, Indian, White, or Other (specified).
(f) Home address and telephone number.
(g) Date of joining the public service.
(h) Nature of contract.
(i) Post title.
(j) Occupation as defined by a CORE.
(k) Current and previous ranks, with date of entry and authorisation for entering each rank.
(I) Accreditation for training and skills.
(m) Details of remuneration and performance awards.
(n) Details of pension, medical assistance and other benefits.
(o) Details of leave authorised for any purpose.
(p) All other information required for determining benefits and remuneration, including information on marital status and dependants.

PART III: PLANNING AND ORGANISING WORK FOR SERVICE DELIVERY

A. PRINCIPLES
An executing authority shall, in order to provide services with the best value for money, set measurable objectives for her or his department and optimally utilise the department's human and other resources. Within available funds, she or he shall, based on service delivery requirements and mandates, plan to execute functions with an efficient and effective internal organisation and well developed human resources.

B. PLANNING
B.1 An executing authority shall, according to the relevant period of the medium term expenditure framework-

(a) set her or his department's core objectives as identified from a service delivery needs assessment that results from the service delivery programme in PSR III C below and from Constitutional, legislative or functional mandates;

(b) determine the core and support functions and activities necessary to achieve the set objectives, avoiding any unnecessary duplication of functions;

(c) determine which functions are to be performed within the department and which functions are to be performed outside of the department;

(d) determine the department's organizational structure according to the core and support functions;

(e) determine the jobs necessary to perform the relevant functions and grade all new jobs according to PSR III D below;

(f) within sufficient budgeted funds including funds for the remaining
period of the relevant medium term expenditure framework, approve posts for the department necessary to perform the relevant jobs;

(f) plan to meet the human resource needs for executing all functions according to PSR II E below;

(g) plan to meet the department' information needs for execution of all functions according to PSR III F below; and

(h) regularly, but as a minimum once during each financial year, review the results of planning done according to PSR III B.1 (a) to (g) above.


C. SERVICE DELIVERY PROGRAMME
C.1 An executing authority shall establish and sustain a service delivery improvement programme for her or his department that must include -

(a) a list of the type of actual and potential customers and the main services provided to them;

(b) the existing and future consultation arrangements with the department's customers and potential customers;

(c) the customers' means of access to the services, the barriers to increased access and the mechanisms or strategies to be utilised progressively to remove the barriers so that access to services is increased;

(d) the existing and future service standards for the main services provided;

(e) the existing and future arrangements on how information about the department's services are provided; and
(f) the current and future complaints system or mechanism.

C.2 An executing authority shall publish an annual Statement of Public Service Commitment which will contain the department's service standards that citizens and customers can expect and which will explain how the department will fulfill each of the principles.


D. WORK ORGANISATION AND JOB EVALUATION
D.1 Job descriptions and titles
C.1 A head of department or head of a provincial department shall -

(a) for each post and/or group of posts, establish a job description and job title based on the main objectives of the post(s), including an appropriate emphasis on service delivery;

(b) at least every three years, review job descriptions and titles and, where necessary, redefine them to ensure that they remain appropriate and accurate; and

indicate in each job description the nature of the post(s) in the next level of the career path as provided for in the occupational category, including the post promotion or rank progression requirements.

D.2 Job evaluation
D.2.1 The Minister shall prescribe the job evaluation system(s) to be applied in the Public Service and the jobs or categories of jobs which must be evaluated in terms of the job evaluation system.

D.2.2 The Minister may review the application of job evaluation in the public
service and may require an executing authority to assess or re-assess the job weight of any post using the prescribed job evaluation system.

D.2.3 Before creating a post for any newly defined job, or filling any vacancy, an executing authority shall-

(a) confirm that she or he still requires the post to carry out the departments functions;

(b) in the case of a newly defined job, and jobs graded at the level of Assistant Director and higher, evaluate the jobs in terms of the job evaluation system prescribed by the Minister, unless a job has been evaluated previously; and

(c) ensure that sufficient budgeted funds including funds for the remaining period of the relevant medium term expenditure framework, are available for filling the post.

D.2.4 An executing authority may evaluate any existing job in terms of the job evaluation system prescribed by the Minister.

D.2.5 An executing authority may, if sufficient budgeted funds including funds for the remaining period of the relevant medium term expenditure framework, are available, regrade any existing job and upgrade the cost(s) accordingly if-

(a) the job evaluation system prescribed by the Minister indicates that the job was graded incorrectly; or

(b) she or he adds to the duties of the job so that the post accords with the new job.

D.2.6 When a post is upgraded, an executing authority may advertise the post or may promote the incumbent employee to that post without complying with the requirements of PSR V C and D, on condition that the employee -

(a) undertakes the full additional and more complex duties;

(c) meets the requirements of the higher job; and

(d) has received a rating of "good", "very good" or "outstanding in her or his most recent performance assessment in her or his existing grade.

D.2.7 When an executing authority determines that an existing filled post is over graded -

(a) she or he shall first attempt to redesign the job to equate with the job grade;

(b) she or he may transfer the incumbent employee to a vacant post of grading equivalent to the existing post; and

(c) if the post is downgraded, the incumbent employee can appeal against the downgrading in accordance with PSR VII B.

D.3 Additional employment
An executing authority may, within the relevant budget and subject to PSR V B.1 (e), employ persons additional to the approved establishment where-

(a) the incumbent of a post is expected to be absent for such a period that her or his duties cannot be performed by other personnel; or

(b) a temporary increase in work occurs; or

(c) it is necessary for any other reason to temporarily increase the staff of the department.

D.4 Review of work practices

D.4.1 A head of department or a head of provincial department shall promote the efficient, economic and effective use of resources and improve the functioning of her or his department and, to this end, apply working methods such as the re-allocation, simplification or co-ordination of work, the elimination of unnecessary work and the improvement of procedures and methods.

D.5 Transfer of functions between departments
D.5.1 When the Minister determines the transfer of functions between departments-

(a) the relinquishing department shall transfer all concomitant resources, including personnel, to the receiving department;

(b) the recipient department shall co-ordinate the transfer;

(c) the recipient department shall accept accountability and responsibility for the function on the date of the transfer;

(d) the accounting officer of the relinquishing department shall retain accountability for matters originating prior to the date of transfer; and

(e) the transfer of personnel shall take place with due regard to the requirements of the Labour Relations Act, 1995.


E. HUMAN RESOURCE PLANNING
E.1 An executing authority shall
(a) undertake an assessment of the human resource required to perform her or his departments functions, in terms of the required

(i) number of employees
(ii) competencies of employees; and
(iii) employment capacities (whether permanent, fixed term of temporary) to which employees shall be appointed;

(b) assess existing human resources by race, gender and disability by occupational category, organisational component and grade in terms of-
(i) competencies;
(ii) training needs; and
(iii) employment capacities;

(c) plan within the available budgeted funds including funds for the remaining period of the relevant medium term expenditure framework, to recruit, retain, deploy and develop human resources according to the requirements, which plan must, as a minimum, include -
(i) realistic goals and measurable targets for achieving representativeness, taking into account PSR Ill E.2 below;
(ii) targets for the training for occupational categories and of specific employees, with specific plans to meet the training needs of persons historically disadvantaged;

(d) address the position of employees affected by the elimination of posts no longer required, with the retrenchment of employees as the last resort; and

(e) record in writing the results of the assessment and planning done according to PSR Ill E.1(a) to (d) above.

E.2 An executing authority shall develop and implement an affirmative action programme, which programme shall as a minimum contain the following:-

(a) A policy statement that sets out the department's commitment to affirmative action and how that policy will be implemented.

(b) Numeric and time-bound targets for achieving representativeness.

(c) Annual statistics on the recruitment, training and promotion of persons historically disadvantaged within each grade of each occupational category.

(d) A plan for redressing numerical imbalances and supporting the advancement of persons historically disadvantaged.

(e) An annual progress report.


F. INFORMATION RESOURCES
F.1 A head of department or a head of provincial department shall establish

(a) an information plan for her or his department that align with the planning process and objectives in PSR III B.1 above;

(b) an IT plan for her or his department which supports the information
plan; and

(c) an operational plan for her or his department that enables the implementation of the IT plan and implements Information Management.

F.2 A head of department or a head of provincial department shall, in the establishment of these strategies, plans and operational arrangements, adhere to the policy, norms and standards approved by the Minister.

PART IV COMPENSATION AND WORKING ENVIRONMENT

(ILLEGIBLE COPY)
- practices shall promote the efficient, economic and resources without bias or discrimination and in line with
-~ments and labour relations requirements. Executing determine salaries on the basis of job evaluation results, e. performance and the need to recruit and retain
- -appropriate competencies in accordance with the human ~f their department and available funds.


~o REMUNERATION
~and allowances
L~~l determine salary scale(s) and allowances through the :ainlng process. She or he shall directly determine the
----.~ allowances that apply to employees who fall outside the
-c--our Relations Act,1995.


--.all for each occupational category determine the range of T-..~asured by a prescribed job evaluation system that will
salary range in a salary scale.
-~~ihority shall generally set an employee's salary within the ffisssociated with the job weight.

authority may award a salary above the salary range
-ym the job weight where it can reasonably be justified to ~ an employee with particular skills.

u-~'thority shall determine the salary of a part-time, sessional oyee proportional to the annual salary of an equally graded

~neration
-~ executing authority to determine appropriate salaries, the .ssue a code of remuneration (CORE) for all occupational

-~~r an occupational category shall contain, for each salary
--applicable salary scale the-

job weights;


(c) the allowance(s) an employee in the occupational category may be eligible for, and the allowance code(s);

(d) desirable competencies and;

(e) advice on requirements for employment and promotion. An executing authority may substitute competencies and requirements to those listed in the CORE.
B.3.3 An executing authority may utilise the information in the CORE to determine appropriate activities, competencies, skills, training, knowledge, remuneration and career paths for employees in a particular occupational category.
B.3.4 An executing authority shall assign all posts in her or his department to an occupational category defined by a CORE.

B.4 Overtime
B.4.1 A head of department or a head of provincial department shall establish an overtime policy for her or his department, which shall as a minimum include -

(a) how a supervisor shall authorise overtime work for an individual employee;

(b) how much overtime an employee may work in any given time period;

(c) control measures, which must include prior written authorisation to work overtime; and

(d) categories of employees not eligible for overtime compensation due to the nature of their work or responsibilities.

B.4.2 The Minister shall determine the rates for overtime compensation through the collective bargaining process.

B.5 Members of the Part-time Component of the South African National Defence Force (SANDF)
An employee who is a trained member of the Part-time Component of the SANDF shall, during periods of service in the Component, receive her or his normal remuneration over and above military pay and allowances.

B.6 Incorrect or unauthorised remuneration
A head of department or head of provincial department shall deal with incorrect or unauthorised remuneration in terms of Sections 31 or 38 of the Act.

C. SALARY RANGE PROGRESSION
C.1
An executing authority may, if sufficient budgeted funds including funds for the remaining period of the relevant medium term expenditure framework are available, determine salary range progression for employees through the collective bargaining process and subject to the provisions in PSR IV C.2 and C.3 below.

C.2 An employee shall be eligible for salary range progression only if-

(a) her or his job description defines a career path that spans more than 1 salary range in the salary scale;

(b) she or he undertake additional duties that increase the job weight to equate to a higher salary range in the salary scale;

(c) she or he displays the required competencies to perform the additional duties; and she or he has received a performance assessment rating of "good", "very good" or "outstanding" in her or his present position in the career path.

C.3 An employee in a management post at the grading of Director or higher is not eligible for salary range progression.

D. GENERAL CONDITIONS OF SERVICE
D.1 The Minister shall determine general conditions of service for employees in departments, components or occupational categories through the collective bargaining process or directly for employees who fall outside the Labour Relations Act, 1995.

D.2 Subject to the terms of any collective agreement, an executing authority may provide the cash equivalent of benefits received by permanent employees to employees on fixed-term contracts.
D.3 A head of department or a head of provincial department shall-

(a) encourage employees to fully utilise their vacation leave in the year earned;

(b) record all leave taken by employees accurately and in full; and

(c) ensure that sick leave is not abused.

E. INFORMATION ON REMUNERATION
E.1 The Minister shall issue to departments the salary scale(s) used in the public service at least on an annual basis.

E.2 In dealing with personnel matters and remuneration of an individual
employee, a head of department or head of a provincial department shall respect the employee's right to privacy.

E.3 A head of department or head of a provincial department shall, each time an employee is paid, provide the employee with the following minimum
information, in writing and no later than the day on which the employee is paid: -

(a) The department's name and address.

(b) The employee's name.

(c) The employee's job title, occupational category in terms of the CORE, salary and any other form of compensation that is paid directly to an employee on a monthly basis.

(d) The period for which payment is made.

(e) The amount and purpose of any deductions.

(f) The actual amount paid to the employee.

(g) Any other information prescribed by the Minister.

F. WORKING ENVIRONMENT
F.1 Principles
Departmental working hours and conditions should support effective and efficient service delivery while taking employees' circumstances into account as far as possible.

F.2 Working hours
F.2.1 A head of department shall -
(a) determine the working week and daily hours of work for employees;

(b) determine the opening and closing times of places of work under her or his control, taking into account-

(i) the needs of the public, including the requirements of the department's service delivery plan; and

(ii) the needs and circumstances of employees, including family obligations and transport arrangements.

F.3 Emergency work
F.3.1 A head of a department or a head of a provincial department may require an employee to perform work that cannot be performed during normal working hours provided that such work is required to be done without delay owing to circumstances for which the head of a department or a head of a provincial department could not reasonably have been expected to make provision.

F.4 Health and safety
F.4.1 A head of department or a head of a provincial department shall establish and maintain a safe and healthy environment for her or his employees.

PART V: PROCEDURES FOR APPOINTMENT, PROMOTIONS AND TERMINATION OF SERVICE

A. PRINCIPLES
A.1 Employment practices shall ensure employment equity, fairness, efficiency and the achievement of a representative public service. Affirmative action shall be used to speed up the creation of a representative and equitable public service and to give practical support to those who have been previously disadvantaged by unfair discrimination to enable them to fulfill their maximum potential. Employment practices should maximise flexibility, minimise administrative burdens on both employer and employee, and generally prevent waste and inefficiency.

B. CONDITIONS FOR APPOINTMENTS
B.1 General
An executing authority -
(a) may appoint employees on a permanent, fixed term or temporary basis either full-time or part-time; fixed-term and temporary appointment may also be effected on a casual or sessional basis;

(b) may not appoint any person under the age of 16 years;

(c) shall determine the health requirements for each post, based only on inherent requirements of the post;

(d) may appoint an employee on a permanent basis only if she or he is a South African citizen;

(e) may appoint a casual employee for a period not exceeding twelve months; and

(f) may, in the absence of a suitably graded post, employ an employee against a vacant post graded lower or higher than the grade of the employee, at the remuneration and other conditions of service corresponding to the grade of the employee.

B.2 Appointment of non-citizens
An executing authority may appoint a non-South African citizen for a
fixed term period not exceeding 5 years only where -

(a) South Africans who meet the requirements of the job are not available;

(b) the delay in the performance or non-performance of the relevant functions would negatively affect the delivery of services to the public;

(c) the post is at the level of Assistant Director or higher;

(d) specific steps are taken to train South Africans in the relevant field
as part of the department's human resource plan; and

(e) all such appointments are reported in terms of PSR IX 0.2.

B.3 Contract of employment
B.3.1 An executing authority shall -
(a) ensure that each employee is provided with a written contract of employment, including the terms and conditions of her or his service;

(b) provide a head of department with a written contract in accordance with Section 12 of the Act, which contract shall include-
(i) the criteria provided for in Section 12(3) (a) to (c) of the Act, including the management of performance and discipline as minimum performance criteria; and
(ii) the main delegations and authorisations necessary for the head of department to manage her or his department in terms of Section 7(3)(b) of the Act, and a clause according to which delegations and authorisations shall be added or removed from the contract.

B.3.2 An executing authority may provide a head of provincial department or a head of an organisational component mentioned in the second column of Schedule 2 of the Act with a written fixed-term contract in accordance with PSR V B.1 (a).
B.3.3 An executing authority shall provide a head of provincial department or
a head of an organisational component mentioned in the second column of Schedule 2 of the Act with a written performance agreement, which agreement shall include -
(a) the duties of the head of provincial department or head of a Schedule 2 organisational component;
(b) the specific performance criteria for evaluating the performance of the head of provincial department or head of a Schedule 2 organisational component including the management of performance and discipline as minimum performance criteria; and
(c) the delegations and authorisations necessary for the head of provincial department or head of a Schedule 2 organisational component to efficiently manage and administer her or his department, and a clause according to which delegations and authorisations shall be added or removed from the performance agreement.

B.4 Reappointment of former employees
B.4.1 An executing authority may not reappoint a former employee where-
(a) the former employee left the public service earlier on the condition that she or he would not accept or seek reappointment;
(b) the original grounds for termination of service militate against reappointment; or
(c) the former employee left the public service due to ill health and cannot provide recent and conclusive evidence of recovery.

B.5 Secondments
B.5.1 An executing authority may, with the agreement of the employee concerned, second the employee to-
(a) another department in the public service for a particular service or for a period of time; and
(b) a foreign government or international organisation with the approval of the Minister of Foreign Affairs.

B.5.2 The recipient institution shall bear the inclusive costs of secondment. unless both departments agree otherwise, or, in the case of PSR V B.5.1 (b) above, the Treasury approves another arrangement.

B.6 Transfers and translations
B.6.1 An executing authority -
(a) may, with the agreement of an employee, transfer an employee from one station to another within her or his department or translate an employee from one occupational category to another within her or his department or both; and
(b) shall approve all transfers and translations in terms of Section 14 of the Act.

B.6.2 An executing authority may transfer an employee within her or his department without the employee's agreement if such a transfer takes place in accordance with Sections 18 and 24 of the Act.

B.7 Acting in higher posts
B.7.1 A head of department or a head of provincial department may only
compensate an employee for acting in a higher vacant post in terms of
a determination of the Minister made through the collective bargaining
process.
B.7.2 A head of department or a head of provincial department may also compensate an employee for acting in a post due to the actual incumbent of the post acting in a higher vacant post, provided that no more than two employees may at any time be compensated as a result of a single vacancy.
B.7.3 An employee shall not act in a higher vacant post for a period longer than twelve months.

C. RECRUITMENT
C.1 Principles
Recruitment is the prime instrument for obtaining the skills necessary
to meet a department's operational needs and for achieving
employment equity goals.

C.2 Determination of requirements for employment
An executing authority shall, based on the inherent requirements of the
post, determine composite requirements for employment in terms of
skills, training, competence and knowledge.

C.2.2 An executing authority shall-
(a) record the inherent requirements of a post;
(b) ensure that the requirements for employment do not discriminate against persons historically disadvantaged; and

(c) comply with any statutory requirements for appointment of employees.

C.3 Advertising
C.3.1 An executing authority shall ensure that advertisements of vacancies
aim to reach, as efficiently and effectively as possible, the entire pool of
potential applicants, especially persons historically disadvantaged.

C.3.2 An advertisement for a post shall include the requirements as determined in PSR V 0.2, the post title and core functions.

C.3.3 An executing authority shall simultaneously advertise nationally all posts of Director or equally graded posts and higher both inside and outside the Public Service.

C.3.4 An executing authority shall advertise posts below Director, as a minimum, within a component of a department or provincial department of which the head is graded at the level of Director or equivalent, but may also advertise such posts -

(a) within the rest of the Public Service; and/or

(b) outside the Public Service either nationally or locally.

C.3.5 An executing authority may fill a vacant post without complying with the requirement of PSR V 0.3.3 and 0.3.4 if
(a) the department can utilise supernumerary staff of equal grading in the post;
(b) the department can absorb into the post an employee appointed
under an affirmative action programme, if she or he meets the requirements of the post; or
(c) the department plans to fill the post as part of a longer-term programme of laterally rotating or transferring employees to enhance organisational effectiveness and skills.

C.3.6 An executing authority may utilise an appropriate agency to identify candidates for posts, as long as the advertising and selection procedures comply with PSR V 0.2, 0.3 and D.

C.3.7 The Minister may prescribe the manner in which vacancies must be advertised within the Public Service.

D. SELECTION
D.1 An executing authority shall appoint a selection committee to make recommendations on appointments to all posts. The selection committee shall comprise of at least three members consisting of employees of grading higher than the post to be filled and/or persons from outside of the Public Service.

D.2 A selection committee constituted for the appointment of a head of department or a head of provincial department may include employees of grading equal to the post to be filled and executing authorities.

D.3 A selection committee shall include adequate representation of historically disadvantaged persons.
D.4 Employees of grading equal or lower than the post to be filled may provide a secretarial or advisory service during the selection process, but shall not form part of the selection committee.
D.5 The selection committee shall make a recommendation on the suitability of a candidate after considering only -
(a) information based on valid methods, criteria and/or instruments for selection that are free from any bias or discrimination;
(b) the training, skills, competence and knowledge based on the inherent requirements of the post;
(c) the needs of the department for developing human resources in the longer run;
(d) the representativeness of the component containing the post; and
(e) the department's affirmative action programme.

D.6 A selection committee shall record the reasons for its decision in terms of the criteria given in PSR V D.5 above.

D.7 When an executing authority does not approve a recommendation of a selection committee, she or he shall record the reason for her or his decision in writing.

E. PROBATION
E.1 Employees who are employed for a period not exceeding one year do not serve a probation period.
E.2 A supervisor of a probationer shall ensure that -
(a) the probationer knows about the performance and other requirements for obtaining confirmation of probation;
(b) the probationer receives written feedback on her or his performance and compliance with other requirements on a quarterly basis;
(c) if necessary, the probationer receives training, counselling or other assistance to meet the requirements for confirmation;

(d) the probationer receives written confirmation of appointment at the end of the probation period if she or he has been found suitable; and

(e) the probationer be afforded the opportunity to state her or his case before dismissal as a result of poor performance, during which process the probationer may be assisted by a personal representative, including a colleague or a union representative.

E.3 An executing authority shall ensure that the probation period to confirm a probationer's suitability is the required minimum prescribed in the Act and may not require any extension, except with regard to employees undergoing a training period prescribed for occupational practising.

F. PROMOTION
F.1 An executing authority may promote an employee to a vacant post on
the approved establishment of the department if-

(a) such a vacancy is sufficiently funded including funds for the remaining period of the relevant medium term expenditure framework; and
(b) the vacancy has been advertised and the candidate selected in accordance with the regulations contained in PSR V C and D above.

F.2 A promotion may come into effect no sooner than the first day of the month following the date on which the executing authority approved it.

F.3 No employee has any right to a promotion to a vacant post until it has been approved in writing by the executing authority.

G. TERMINATION OF SERVICE
G.1 Principles
From time to time, employees leave the Public Service - by resigning, retiring, or through dismissal or retrenchment. Where they leave due to dismissal or retrenchment, executing authorities must respect their rights as employees, without providing them with undue benefits that would harm the effectiveness and efficiency of the Public Service.

G.2 Age retirement
G.2.1 An employee shall retire at the age and in the circumstances specified in Section 16 of the Act.

G.3 Resignation
G.3.1 An executing authority shall prescribe the manner in which an employee shall submit her or his resignation.

G.3.2 An executing authority shall record the reason given by the employee for her or his resignation.

G.3.3 An employee may voluntarily resign from the Public Service, provided that, unless otherwise agreed with her or his executing authority-
(a) a minimum period of one month's notice is given by full-time, part-time and contract employees if paid monthly; and
(b) at least one week notice l's required by a casual employee who has been employed for less than four weeks; and
(c) at least two weeks notice is required by a casual employee who has been employed for more than four weeks.

G.3.4 An employee must resign from the Public Service if she or he accepts a nomination or stands as candidate for national or provincial Parliament.

G.4 Early retirement
An executing authority may, subject to Section 16(6) (a) of the Act and on condition that her or his department has sufficient funds to cover the additional costs, including the additional costs to the Government Employees' Pension Fund (GEPF), permit an employee to retire before reaching the age of 55 years.

G.5 Abscondment
The executing authority shall, with due regard to Schedule 8 of the Labour Relations Act, 1995, adhere to Section 17(5) of the Act in the case of termination of service due to abscondment.

G.6 III Health
G.6.1 An executing authority may on the basis of medical evidence consider discharges in terms of Section 17(2)(a) of the Act. To this end, an executing authority may require an employee to undergo a medical examination by a registered physician.

G.6.2 An executing authority shall effect discharge on account of ill health with due regard to paragraph 10 of Schedule 8 of the Labour Relations Act, 1995.

G.7 Operational requirements
G.7.1 An executing authority may discharge employees for operational reasons if the discharge complies with -
(a) Section 17(2)(b) and (c) of the Act and Sections 189 and 190 of Chapter VIII of the Labour Relations Act, 1995; and

(b) applicable collective agreements that determine benefits for employees discharged for operational reasons.

G.7.2 If an executing authority transfers personnel to an entity outside the Public Service, she or he shall comply with Section 197 of the Labour Relations Act, 1995.

G.8 Inefficiency
G.8.1 An executing authority may discharge an employee for unfitness or incapacity to carry out her or his duties efficiently in terms of Section 17(2)(d) of the Act.

G.8.2 An executing authority shall effect discharges on account of unfitness or incapacity to carry out her or his duties efficiently with due regard to Section 18 of the Act and paragraph 9 of Schedule 8 of the Labour Relations Act, 1995.

G.8.3 When an executing authority determines that an employee should be discharged for inefficiency, the employee can appeal against the decision in accordance with PSR VII B.

G.9 Termination of probation
An executing authority shall adhere to Section 13 of the Act and act with
due regard to paragraph 8 of Schedule 8 of the Labour Relations Act,
1995, when terminating the services of an employee on probation.

PART VI: PERFORMANCE MANAGEMENT, TRAINING AND EDUCATION

A. PERFORMANCE MANAGEMENT
A.1 Principles
Departments must manage performance rigorously, but in a consultative and supportive manner, in order to enhance efficiency and effectiveness to improve service delivery. Performance management procedures should minimise the administrative burden on supervisors while maintaining administrative justice. The process should link to broad and consistent plans for skills development and align with the strategic objectives of the department as set out in the department's strategic plan.

A.2 System for performance assessment
A.2.1 An executing authority shall-
assess all employees on an annual basis, using the performance assessment instrument referred to in PSR VI A.3 below;

(b) designate the annual formal performance assessment date of each employee;

(c) designate for each employee the supervisor responsible for evaluating performance;

(d) communicate the details of the performance assessment procedure to an employee before the assessment cycle commences, or within one month after appointment or promotion to a post;

(e) give an employee the right to refuse to sign a performance assessment instrument;

(f) require a designated supervisor to inform an employee of the reasons for a poor assessment;

(g) clearly identify the appeals route for an employee who disagrees with her or his assessment; and

(h) permit one or more employee representatives to represent an employee in an appeals process.

A.2.2 A supervisor designated to manage an employee's performance shall -
(a) fully inform the employee of the criteria used for assessment;

(b) at least twice before the formal assessment date, provide performance feedback to the employee, provided that feedback on poor performance shall be in writing;
on at least a quarterly basis, provide feedback to the employee if on probation. using the performance assessment instrument referred to in PSR VI A.3 below;

(d) using the instrument provided under PSR VI A.3 complete the written annual assessment of an employee on the designated annual appraisal date; and
convey the final assessment result to the employee.

A.2.3 An employee can appeal against a performance assessment result in accordance with PSR VII B.

A.3 Instruments for performance assessment
A.3.1 An executing authority-

(a) may establish separate assessment instruments for different occupational categories or levels of work; but

(b) shall designate a single assessment instrument for an employee to assist in deciding on probation, rewards, promotion and skills development.
A.3.2 An executing authority shall ensure that the instrument contains only the following categories of performance-
(a) unacceptable;
(b) acceptable;
(c) good;
(d) very good; and
(e) outstanding.

A.3.3 An executing authority shall ensure that an evaluation takes no account of any written material other than the information contained in the designated evaluation instrument, unless an employee lodges an appeal against the evaluation.

A.3.4 Before utilising a performance management instrument to make decisions on the careers of employees, an executing authority shall -
(a) pilot it on a group equal to at least 1 per cent of all employees eligible for that instrument; and
(b) consult with recognised employee organisations in her or his department.

A.4 Communication of assessment results
An executing authority shall communicate an employee's assessment only-
(a) on request of another department to which an employee has applied for employment; and
(b) at the request of the evaluated employee.

A.5 Poor performance
A.5.1 In the case of unacceptable performance an executing authority shall-
(a) provide remedial and systematic support to assist a poor performer to improve her or his performance; or
(b) with due regard to PSR V G.8 take steps to discharge the individual for unfitness or incapacity to carry out her or his duties on condition that the employee has been afforded the opportunity to appeal against any decision pertaining to her or his poor performance.

A.6 Good performance
A.6.1 An executing authority may, within the available budgeted funds including funds for the remaining period of the relevant medium term expenditure framework and subject to any collective agreement, reward good performance through -

(a) salary improvements within the salary range of the employee; or
(b) a non-pensionable cash award no more than 18% of an employee's pensionable annual salary; or
(c) a non-monetary reward; or
(d) (a) and (c) above; or (b) and (c) above.

A.7 Financial incentive schemes
A.7.1 A head of department or a head of provincial department may, for her or his department or categories of employees within the department, establish a financial incentive scheme provided that-
(a) the nature, rules and control measures of the scheme are predetermined and recorded in writing; and
(b) employees assigned for the quality and quantity control measures of the scheme may not share in the incentive benefit of the scheme.

A.8 Suggestions, Improvements and Inventions
A.8.1 If an employee makes any suggestion, improvement or invention of exceptional value that is to the benefit of the department or the Public Service as a whole, an executing authority may award her or him through -
(a) a non-monetary reward; or

(b) a non-pensionable cash award not exceeding 20% of the employee's pensionable annual salary.

A.8.2 The Minister may approve a non-pensionable cash award in excess of 20% of pensionable annual salary.

A.8.3 The State shall have the right of use of any such suggestion, improvement or invention.

B. TRAINING AND EDUCATION
B.1 Principles
Employees should have ongoing and equitable access to training geared towards achieving an efficient, non-partisan and representative Public Service. Training should support work performance and career development. It should become increasingly driven by needs, and link strategically to broader human resource management practices and programmes aimed at enhancing employment equity and representativeness.

B.2 Institutional arrangements
B.2.1 The Minister may oversee or ensure the participation of the Public
Service in any institution aimed at promoting training in the Public
Service, subject to the South African Qualifications Authority (SAQA)
Act, 1995.

B.2.2 Training may be provided internally or externally subject to the provisions of the Act, these Regulations and State or Provincial Tender Board prescripts.

B.2.3 A supervisor shall provide training opportunities for employees in accordance with the departmental training plan.

B.2.4 A head of department or head of provincial department shall ensure that sufficient funds for training be accessible to employees at all grades.~~1 ~

An employee who occupies a management post in the Public Service shall avail herself or himself to present training in the Public Service.

B.3 Training prescribed by the Minister
B.3.1 The Minister may prescribe training for employees or categories of employees in the Public Service.

B.3.2 The Minister shall, where appropriate, ensure that prescribed training gains accreditation from the SAQA.

B.3.3 Where the Minister prescribes a training course, the sponsoring department and/or training institution shall issue certificates. All components of the Public Service shall recognise these certificates.

B.4 Occupational specific competencies and training
An executing authority shall determine competencies and prescribe training for various occupational categories or specific employees in her or his department.

B.5 Training assistance
B.5.1 A head of department or head of provincial department may grant assistance for study, training or research where it will contribute to the work of her or his department and-

(a) where she or he has asked an employee to undertake study, training or research; or
(b) at the request of the employee.

B.5.2 A head of department or head of provincial department may grant assistance for part-time or full-time activities at either local or international institutions. She or he may also grant assistance for studies and training through short interventions, including short courses, congresses. symposia, seminars, conferences, workshops, lectures and study tours.

B.5.3 A head of department or head of provincial department -

(a) may grant bursaries for tertiary study to both serving and prospective employees, but may allocate bursaries for pretertiary studies only to serving employees; and

(b) may not require contractual service in recompense where an employee receives assistance for pre-tertiary study.

B.5.4 A head of department or head of provincial department may defray any genuine expenses associated with study, research or training, but need not cover the full expense incurred for the study, research or traininq.

B.5.5 A serving employee shall retain her or his salary, which shall count as part of the financial assistance from her or his department during study, research or training.

B.5.6 A head of department or head of provincial department may decide whether to waive any part of study debts, subject to Treasury Instructions.

B.5.7 Where a head of a department provides a bursary for tertiary study to an employee or prospective employee-
(a) the bursary holder must contract to serve the department for one year for each year of study, or part thereof;
(b) the contract period for the bursary holder who undertakes full-time study shall start after she or he has met all the related requirements for the attainment of the qualification concerned; and
(c) redemption of the contract period for an employee who studies part-time begins after successful completion of the first and each successive year of study.

B.5.8 A head of department or head of provincial department may require an employee who studies or trains through short interventions referred to in PSR VI B.5.2 above to contract to serve an appropriate amount of time with the department as a precondition for providing assistance.

PART VII: LABOUR RELATIONS, APPEALS AND MISCONDUCT
A. LABOUR RELATIONS AND NEGOTIATIONS

A.1 Principles
An executing authority shall manage collective bargaining for the State as employer where she or he has the authority to conclude collective agreements or resolve labour disputes, in line with the Labour Relations Act, 1995. She or he shall not conclude agreements with fiscal implications unless she or he has an unambiguous mandate.

A.2 Responsibilities in collective bargaining
A.2.1 An executing authority may enter into an agreement on a matter of mutual interest only it-

(a) she or he has responsibility for managing collective bargaining for the State as employer in that forum; and

(b) the requisite authority to deal with the matter concerned.
A.2.2 An executing authority shall implement and enforce a collective agreement signed by a duly authorised representative of the State as employer.

A.2.3 An executing authority shall manage collective bargaining by the State as employer in the bargaining council of her or his department.

A.2.4 In the case of sectoral councils -

(a) if one executing authority manages the entire function, she or he has responsibility for managing collective bargaining on behalf of the State as employer; or
(b) if more than one executing authority manages the function, they shall nominate a person from among themselves to manage collective bargaining on behalf of the State as employer.

A.2.5 The Minister shall manage collective bargaining for the State as collective employer in the Public Service Co-ordinating Bargaining Council.
A.2.6 An executing authority responsible for managing collective bargaining for the State as employer may determine the arrangements needed to that end.
A.2.7 An executing authority shall provide the Minister with a copy of a collective agreement concluded in the bargaining council of her or his department or sector.

A.3 Matters with fiscal implications
A.3.1 An executing authority shall enter into an agreement in the appropriate bargaining council on any matter that has financial implications only if -

(a) she or he has a realistic calculation of the costs involved including for the remaining period of the relevant medium term expenditure framework;
(b) the agreement does not contradict Treasury Instructions; and
(c) she or he can cover the cost -
(i) from her or his departmental budget including the departmental budget for the remaining period of the medium term expenditure framework; and/or
(ii) on the basis of a written commitment from Treasury to provide additional funds; and/or
(iii) from the budgets of other departments or agencies with written agreement and Treasury approval.

B. APPEALS PROCEDURE
B.1 Principles
B.1.1 A head of department or head of provincial department shall establish a procedure to resolve appeals regarding employment decisions, including inefficiency and misconduct decisions, that shall ensure rapid, amicable, efficient and administratively just results in order to prevent matters developing into formal grievances. The appeals process shall not replace other mechanisms provided for in any legislation.

B.2 Process
B.2.1 An appeals process shall not change a provision in collective agreements.

B.2.2 A head of department or a head of a provincial department shall establish an appeals procedure that shall -
(a) include a clearly defined appeals route, with the executing authority as the final instance;
(b) ensure that an employee receives reasons for decisions in writing; and
(c) enable an employee to use personal representatives including colleagues or union representatives to support her or him in the process.

B.2.3 An executing authority or any employee shall not victimise or prejudice
an employee for lodging an appeal.

C. MISCONDUCT
C.1 General
C.1.1 An executing authority shall adhere to the "Code of Good Practice:
Dismissal" contained in Schedule 8 of the Labour Relations Act, 1995, in so far as it relates to discipline and misconduct.

C.1.2 Section 20 of the Act defines misconduct by an employee.

C.1.3 An executing authority or a head of department or a head of a provincial department may, depending on the nature and seriousness of misconduct, address the act of misconduct by a preliminary procedure where the outcome is any of the following:-
(a) counselling;
(b) oral warning; and
(c) written warning.

C.1.4 The preliminary disciplinary procedure referred to in PSR VII 0.1.3 may
not be used to apply the sanctions referred to in Section 24(2) of the Act, but warnings issued in terms of the preliminary procedure may be taken into account as aggravating circumstances during the formal procedures referred to in PSR VII 0.2 below, unless the warnings have lapsed.

C.2 Formal procedures under Section 21 to 26 of the Act
C.2.1 A charge of misconduct shall be made in writing and served on the employee at her or his residential address or work address, by delivering or tendering it to her or him or by sending it by registered post.

C.2.2 A presiding officer must have the necessary knowledge, skills and experience to preside at a misconduct hearing.

C.2.3 An employee may at any time before or after she or he has been charged with misconduct be suspended from duty by the head of department with or without emoluments, provided the employee has been given the opportunity to put forward reasons why she or he should not be suspended. A head of department or a head of provincial department shall convey notice of suspension in writing to the employee.

C.2.4 An employee may not be suspended without emoluments for a period exceeding 3 months, provided that a head of department or a head of provincial department may, in an instance where criminal proceedings against the employee are in progress, extend the suspension without emoluments by a maximum period of 3 months.

C.2.5 The presiding officer shall determine the proceedings to be followed at a
hearing, which proceedings shall be fair and efficient.

C.2.6 The record of proceedings of the hearing shall constitute the documents referred to in Section 24(4) of the Act and shall be delivered or sent by registered post to the office address of the head of department or head
of provincial department at the same time as the presiding officer reports to the head of department on the result of the hearing.

C.2.7 An employee can appeal against the finding of the presiding officer or the decision of the head of the department or head of provincial department in accordance with PSR VII B.

C.2.8 The record of proceedings of the hearing referred to in PSR VII 0.2.6 above shall be delivered or sent by registered post to the office address of the executing authority by the head of department or head of provincial department within 7 working days of having been informed by the executing authority of the appeal lodged with her or him.

PART VIII: INFORMATION MANAGEMENT AND INFORMATION TECHNOLOGY

A. PRINCIPLES
Information is a valuable strategic resource and information technology must be utilised by a head of department or a head of provincial department to improve and facilitate government functions and services.

B. RESPONSIBILITIES OF THE MINISTER
B.1 The Minister shall establish an advisory body on Information Management (IM) and Information Technology (IT) called the Information Technology Steering Committee (ITEXCOM).

B.2 A head of department or head of provincial department shall ensure that her or his department is adequately represented in ITEXCOM.

B.3 ITEXCOM shall give inputs to the Minister regarding IM and IT, with specific reference to policy, norms, standards, guidelines and best practices.

B.4 ITEXCOM shall co-ordinate transverse IM and IT issues in the Public Service.

PART IX: MANAGERIAL REVIEW
A. PRINCIPLES
The public have a right to know how well the public service is performing and the National and Provincial legislatures have an important part to play on behalf of the public in holding departments to account for the efficiency and effectiveness of human resource management, deployment of employees and other Public Service functions. Departments shall publish information, at least on an annual basis, that will permit assessment of their performance.

B. GENERAL
When requested by the Minister, a head of department or head of provincial department shall provide information on matters contained in the Regulations or related to the Regulations, in the format indicated.

C. ANNUAL REPORTS
C.1 A head of department or head of provincial department shall publish an annual report on the year's work and make it available to the national or relevant provincial Parliament respectively, to the media and to the public.

C.2 An annual report shall also contain at least the following management information in an easily accessible format:-

C.2.1 Service delivery
(a) Core objectives, functions and mandates of the department.
(b) The existing service standards for the main services provided and the results achieved in meeting them.

C.2.2 Organisation and Remuneration
Organisational structure, staffing levels and vacancies, by occupation, grade and geographic location.

(b) By each occupation covered by a CORE, the number of employees by race, gender and disability in each grade, indicating for each grade the number of permanent and temporary employees.

(c) By each occupation covered by a CORE, an explanation in cases where the actual salary exceeds the grade.

(d) Personnel costs by intervals of R20 000, broken down by race, gender and disability.

(e) The percentage of the department's budget for personnel costs spent on employees in the Management Echelon.

(f) The percentage of the department's whole budget ( excluding transfer payments, land and buildings and miscellaneous payments) spent respectively on personnel costs, administrative expenditure and professional/special services.

(g) Overtime costs as a percentage of total personnel costs.

(h) The number of posts upgraded and downgraded, by occupational category.

C.2.3 Recruitment, promotions and termination of service
(a) Number of employees recruited by grade and occupation, by race, gender and disability.

(b) Number of employees promoted by grade and occupation, by race, gender and disability.

(c) Number of employees' services terminated by grade and occupation, by race, gender, disability.

(d) Number, occupations and grades of foreign appointees.

C.2.4 Performance management and skills development
(a) By grade, occupation, race, gender and disability, any rewards made for performance.

(b) The number of employees falling into each of the five performance categories, by occupational category.

(c) Departmental training budget allocation and the actual amounts spent on each set target, by grade and occupation, race, gender and disability.

(d) The number and type of training programmes conducted externally and internally.

C.2.5 Health and safety
The number and nature of incidents of injury, illness and death that are
verifiably a result of an official duty or work environment.

C.2.6 Collective Agreements
The number and subject(s) of collective agreements entered into.

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