Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/86

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Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 10—Public Administration

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Public Service Commission

196.

(1)

There is a single Public Service Commission for the Republic.

(2)

The Commission is independent and must be impartial, and must exercise its powers and perform its functions without fear, favour or prejudice in the interest of the maintenance of effective and efficient public administration and a high standard of professional ethics in the public service. The Commission must be regulated by national legislation.

(3)

Other organs of state, through legislative and other measures, must assist and protect the Commission to ensure the independence, impartiality, dignity and effectiveness of the Commission. No person or organ of state may interfere with the functioning of the Commission.

(4)

The powers and functions of the Commission are —

(a)

to promote the values and principles set out in section 195, throughout the public service;

(b)

to investigate, monitor and evaluate the organisation and administration, and the personnel practices, of the public service;

(c)

to propose measures to ensure effective and efficient performance within the public service;

(d)

to give directions aimed at ensuring that personnel procedures relating to recruitment, transfers, promotions and dismissals comply with the values and principles set out in section 195;

(e)

to report in respect of its activities and the performance of its functions, including any finding it may make and directions and advice it may give, and to provide an evaluation of the extent to which the values and principles set out in section 195 are complied with; and

(f)

either of its own accord or on receipt of any complaint —

(i)

to investigate and evaluate the application of personnel and public administration practices, and to report to the relevant executive authority and legislature;

(ii)

to investigate grievances of employees in the public service concerning official acts or omissions, and recommend appropriate remedies;

(iii)

to monitor and investigate adherence to applicable procedures in the public service; and

(iv)

to advise national and provincial organs of state regarding personnel practices in the public service, including those relating to the recruitment, appointment, transfer, discharge and other aspects of the careers of employees in the public service.

(5)

The Commission is accountable to the National Assembly.

(6)

The Commission must report at least once a year in terms of subsection (4)(e) —