Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/68

134   No. 15466

(2) Reports by the Commission shall be tabled in Parliament: Provided that the Commission shall report to Parliament on its activities at least once every year.

CHAPTER 13

Public Service Commission and Public Service

PUBLIC SERVICE COMMISSION

Establishment

209. (1) There shall be a Public Service Commission for the Republic, which shall have the powers and functions entrusted to it by this Constitution or by a law of a competent authority.

(2) The Commission shall in respect of the exercise and performance of its powers and functions be accountable to Parliament.

Powers and functions

210. (1) The Commission shall be competent—

to make recommendations, give directions and conduct enquiries with regard to—

the organisation and administration of departments and the public service; the conditions of service of members of the public service and matters related thereto; personnel practices in the public service, appointments, promotions, transfers, discharge and other career incidents of members of the public service and matters in connection with the employment of personnel; the promotion of efficiency and effectiveness in departments and the public service; and a code of conduct applicable to members of the public service;

when so requested, to advise the President, a Minister or a member of the Executive Council of a province in regard to any matter relating to the public service or the employment, remuneration or other conditions of service of functionaries employed by any institution or body which receives funds wholly or partly appropriated by Parliament or a provincial legislature; to exercise such other powers and perform such other functions as may be entrusted to it by a law of a competent authority; and subject to any limitation imposed by law, to delegate any of its powers to a member of the Commission or an official in the public service or authorise any such member or official to perform any of its functions.

(2) Until amended by law, the powers and functions of the Commission set out in subsection (1) shall be exercised and performed in accordance with the laws in force at the commencement of this Constitution.

(3) A recommendation or direction of the Commission shall be implemented by the appropriate person or institution within six months unless—

such recommendation or direction involves expenditure from public funds and the approval of the treasury for such expenditure is not obtained; or the President rejects it and refers it back to the Commission before its implementation.

(4) The Commission may appoint, in a manner prescribed by law, such persons as may be necessary for the discharge of its work.

(5) Expenditure incurred in connection with the exercise and the performance of the powers and functions of the Commission in terms of this Constitution or any