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S.L. const.5 · sl/const.5 (S.L. const.5)

S.L. const.5 Art. 2Interpretation.

In KraftAmtlicher Text

(1) In these regulations, unless the context otherwise requires:

"advertise" means to issue a notice aimed at bringing a call for applications to the attention of a wider audience; "call for applications" means a call for applications for a vacancy to which regulation 3(1) applies; "Central Standing Selection Panel" means a panel established in terms of regulation 11; "Commission" means the Public Service Commission as constituted under article 109 of the Constitution; "Disciplinary Regulations" means any regulations on discipline in the public service issued under the Constitution; "Executive Secretary" means the Executive Secretary of the Public Service Commission; "Head of Department" means -

(a) the Principal Permanent Secretary;

(b) Permanent Secretaries;

(c) the head of any department of Government that is listed in the Second Schedule to the Public Administration Act;

(d) any public officer at directorship level or higher who is responsible for human resource management, corporate services or administration in a ministry; and

(e) any other public officer or other authority to whom power to make appointments has been delegated under article 110(1) of the Constitution:

Provided that where power to make appointments, or to take any other action to which these regulations apply, has been delegated to the holder of a particular office under article 110(1) of the Constitution, only the holder of that office may exercise the power so delegated;

*see regulation 1(2) of these Regulations as originally promulgated. "instrument of delegation" means an instrument through which powers are delegated under article 110(1) of the Constitution; "merit principle" means any or all of the provisions of the following, as applicable:

(a) regulation 5 with respect to calls for applications;

(b) regulation 12(2) with respect to the composition of selection boards;

(c) regulation 14 with respect to the assessment of applicants;

(d) regulation 16(2) with respect to selection criteria; and

(e) regulation 25 with respect to appointments; "ministry" has the meaning assigned by article 2(1) of the Public

Administration Act; "Permanent Secretary" means a public officer appointed in terms of article 92(3) of the Constitution; "post" has the meaning assigned by article 2(1) of the Public Administration Act; "Principal Permanent Secretary" means the public officer appointed in terms of article 14 of the Public Administration Act; "public officer" or "officer" means a public officer as defined by article 124(1) of the Constitution, but shall not, for the purposes of these regulations, include judges or magistrates; "public service" has the meaning assigned by article 124 of the Constitution; "Public Service Management Code" means the body of instructions to which article 15(4) of the Public Administration Act refers; "publish" includes, with respect to calls for applications, publication online and circulation to public officers electronically or through internal channels of communication; "reasonable accommodation" includes:

(a) making existing facilities used by employees readily accessible to and usable by persons with disabilities; and

(b) restructuring jobs, instituting part-time or modified work schedules, reassigning vacant positions, acquiring or modifying equipment or devices, appropriately adjusting or modifying examinations, training materials or policies, providing qualified readers or interpreters, and making any other similar accommodation for a person with a disability; "recommendation" means, with respect to appointments, a recommendation by the Commission under article 110(1) of the Constitution; "Registrar of Examinations" means the person appointed in terms of article 65 of the Education Act; "selection board" means a body appointed in terms of regulation 12; "vacancy" and "vacant post" shall be understood in accordance with regulation 3(1).

(2) In these regulations, unless the context otherwise requires, any reference to the holder of a particular office shall include any person performing the functions of that office during any period in which it is vacant or the holder thereof is absent.

Änderungsgeschichte
  • Amended by L.N. 88 of 2024