PUBLIC SERVICE AMENDMENT BILL [B31-2006]: PROPOSED AMENDMENTS FOR CONSIDERATlON BY PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATlON 30 May 2007

Clause 3 (pages 11-12 of Document Version 2 with proposed amendments prepared by State Law Advisers, herein called the "SLA Document")

1. Regarding the transfer of functions from and to a national or provincial department to and from "any other body" or a body established by or under any law, other than a provincial law", etc in clause 3 (s3(4)(b)(ii) and (c)(ii), (bb) and (cc)) - reconsider the deletion of the words.

Clause 6 (page 15 of SLA Document)

2. A name change for the South African Management Institute is intended, but since the name appears in section 4, it can't like in the case of other departments be changed by means of a proclamation amending the relevant Schedule to the Public Service Act. To address it is proposed that clause 6 (page 15 of SLA Document; page 8 of the Bill, as introduced) be replaced with the following:

Substitution of section 4 of Act promulgated under Proclamation 103 of 1994, as substituted by section 3 of Act 47 of 1997

6. The following section is hereby substituted for section 4 of the principal Act:

"Training institution

4.(1) There shall be a training institution listed as a national department in Schedule 1.

(2) . The management and administration of such institution shall be under the control of the Minister.

(3) Such institution-

(a) shall provide such training or cause such training to be provided or conduct such examinations or tests or cause such examinations or tests to be conducted as the Head of the institute may with the approval of the Minister decide or as may be prescribed as a Qualification for the appointment or transfer of persons in or to the public service:

(b) may issue diplomas or certificates or cause diplomas or certificates to be issued to persons who have passed such examinations.".

Clause 8 (page 19 of SLA Document)

3. The proposed amendment to clause 8 (s6(2) would entail that a political functionary (a Minister, Premier or MEC) not disclosing information would be guilty of an offence. It is proposed that it be limited to employees by substituting the word "person" in s6(2) in cl 8 with "employee".

Clause 10 (page 27 of SLA Document)

4. Similar to the establishment of departments and government components in provinces, it proposed that the proposed section 7B(1) in clause 10 be amended as follows:

Section 7B(1) to become section 7B(1)(a) and the following paragraph be inserted:

(b) If a Premier or a member of the Executive Council makes such request in respect of a unit within the Office of the Premier or a provincial department in the relevant province. the Minister shall give effect to the request if the Minister is satisfied that it is consistent with the provisions of the Constitution. this Act and any other applicable law.