Constitution of the Republic of South Africa, 1996/1998-10-07/Chapter 10

Public Service Commission

There is a single Public Service Commission for the Republic.

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.

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.

The powers and functions of the Commission are —

to promote the values and principles set out in section 195, throughout the public service; to investigate, monitor and evaluate the organisation and administration, and the personnel practices, of the public service; to propose measures to ensure effective and efficient performance within the public service; 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; 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; either of its own accord or on receipt of any complaint —

to investigate and evaluate the application of personnel and public administration practices, and to report to the relevant executive authority and legislature; to investigate grievances of employees in the public service concerning official acts or omissions, and recommend appropriate remedies; to monitor and investigate adherence to applicable procedures in the public service; and 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; and

to exercise or perform the additional powers or functions prescribed by an Act of Parliament.

The Commission is accountable to the National Assembly.

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

to the National Assembly; and in respect of its activities in a province, to the legislature of that province.

The Commission has the following 14 commissioners appointed by the President:

Five commissioners approved by the National Assembly in accordance with subsection (8)(a); and one commissioner for each province nominated by the Premier of the province in accordance with subsection (8)(b).

A commissioner appointed in terms of subsection (7)(a) must be —

recommended by a committee of the National Assembly that is proportionally composed of members of all parties represented in the Assembly; and approved by the Assembly by a resolution adopted with a supporting vote of a majority of its members.

A commissioner nominated by the Premier of a province must be —

recommended by a committee of the provincial legislature that is proportionally composed of members of all parties represented in the legislature; and approved by the legislature by a resolution adopted with a supporting vote of a majority of its members.

An Act of Parliament must regulate the procedure for the appointment of commissioners.

A commissioner is appointed for a term of five years, which is renewable for one additional term only, and must be a woman or a man who is —

a South African citizen; and a fit and proper person with knowledge of, or experience in, administration, management or the provision of public services.

A commissioner may be removed from office only on —

the ground of misconduct, incapacity or incompetence; a finding to that effect by a committee of the National Assembly or, in the case of a commissioner nominated by the Premier of a province, by a committee of the legislature of that province; and the adoption by the Assembly or the provincial legislature concerned, of a resolution with a supporting vote of a majority of its members calling for the commissioner’s removal from office.

The President must remove the relevant commissioner from office upon —

the adoption by the Assembly of a resolution calling for that commissioner’s removal; or written notification by the Premier that the provincial legislature has adopted a resolution calling for that commissioner’s removal.

Commissioners referred to in subsection (7)(b) may exercise the powers and perform the functions of the Commission in their provinces as prescribed by national legislation.