PUBLIC SERVICE AMENDMENT BILL [B31-2006]:

AMENDMENTS PROPOSED TO PORTFOLIO COMMITTEE FOLOWING BILATERALS BETWEEN PUBLIC SERVICE COMMISSION AND DPSA

16 May 2007

Definition of “functionary”

1.         On page 4, after line 17, insert the following:

‘functionary’ means any person upon whom a power is conferred or a duty is imposed by this Act;

Strengthening compliance

2.1        On page 9, lines 11 to 35, omit section 5(8) in clause 7(d).

2.2        On page 9, after line 45, insert the following (existing section 6 to become subsection (1)):

(2)        Any person who wilfully or in a grossly negligent manner fails to furnish documents or information as contemplated in subsection (1), shall be guilty of an offence and shall be liable on conviction to a fine or imprisonment not exceeding 12 months or to both such fine and such imprisonment.

Employees resigning while disciplinary charges are pending against them

3.         On page 19, after line 9, insert the following:

(6)        If notice of a disciplinary hearing was given to an employee, the relevant executive authority shall not agree to a period of notice of resignation which is shorter than the prescribed period applicable to that employee.

Grievances

4.         On page 22, from lines 5 to 35, substitute section 35 for the following:

35. (1) For the purposes of asserting the right to have a grievance concerning an official act or omission investigated and considered by the Commission-

(a) an employee may lodge that grievance with the relevant executive authority under the prescribed circumstances, on the prescribed conditions and in the prescribed manner; and

(b)        if that grievance is not resolved to the satisfaction of the employee, that executive authority shall submit the grievance to the Commission in the prescribed manner and within the prescribed period.

(2) After the Commission has investigated and considered any such grievance, the Commission may recommend that the relevant executing authority acts in terms of a particular provision or particular provisions of this Act or any other law if, having regard to the circumstances of the case, the Commission considers it appropriate to make such a recommendation.

(3)        A head of department may lodge any such grievance with-

(a)        the relevant executive authority in terms of subsection (1); or

(b)        directly with the Commission under the prescribed circumstances, on the prescribed conditions and in the prescribed manner.

(4)(a) An employee may only refer a dispute to the relevant bargaining council in the public service, or institute court proceedings, in respect of a right referred to in subsection (1) if-

(i)         he or she has lodged a grievance in terms of that subsection; and

(ii)         the department does not resolve the grievance to his or her satisfaction within the period prescribed in the rules, referred to in subsection (6) or the period for referring such dispute or instituting such court proceedings, whichever period is the shorter.

(b)        Paragraph (a) shall not apply to a head of department who has lodged a grievance directly with the Commission in terms of subsection (3)(b).

(5) For the purposes of subsections (1) and (3)(b), the powers conferred upon the Commission by section 11 of the Commission Act shall be deemed to include the power to make rules which are not inconsistent with the provisions of this section as to the investigation of grievances concerning official acts or omissions, and ‘prescribed’ means prescribed by the Commission by rule under the Commission Act.