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Public Service Commission Amendment Act in Force

October 4, 2019

The Presidency

4 October 2019

The Public Service Commission Amendment Bill has been signed into law.

The bill was passed by parliament and sent to president Ramaphosa for assent in March 2019.

The bill was tabled in parliament at the end of August 2015.

The national council of provinces introduced amendments to the bill and returned it to the national assembly for concurrence in January 2019.

The Public Service Commission Amendment Act, published in Government Gazette 42742, seeks to:

• amend the Public Service Commission Act, 1997, so as to clarify the procedure with regard to the renewal of term of office of a commissioner;
• provide for a commissioner to act as the chairperson when both the chairperson and deputy chairperson are absent or for any reason unable to act as chairperson; and
• provide for matters connected therewith.

The act seeks to ensure efficiency and certainty with regard to the process to renew the term of office of a member of the Public Service Commission (PSC).

The act clarifies the process to be followed by the president when renewing a commissioner’s term of office.

The renewal of a commissioner’s term of office for one additional term only will follow consultation with parliament’s national assembly and the provincial legislatures in line with section 196(10) of the constitution.

The clause stipulates that the procedure for the appointment of commissioners must be regulated by an act of parliament.

Renewal would be considered at the end of a commissioner’s period of appointment.

The act also gives the chairperson of the PSC powers to delegate his or her role to a commissioner prior to the absence of the chairperson and the deputy.

The select committee on cooperative governance and traditional affairs amended clause 1 and 2 of the bill including that the designation of an acting chairperson will be for a period not exceeding 30 days.

The act came into effect on the date of publication.