Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/70

138   No. 15466

service, the qualifications, level of training, merit, efficiency and suitability of the persons who qualify for the appointment, promotion or transfer concerned, and such conditions as may be determined or prescribed by or under any law, shall be taken into account.

(5) Subsection (4) shall not preclude measures to promote the objectives set out in subsection (2).

(6) Provision shall be made by law for a pension for a member of the public service by means of a pension fund or funds established by law, and members of the public service who are required by law to be members of a pension fund shall be entitled to fair representation on the body which manages the applicable fund.

(7) (a) In the event of changes to the law governing pension funds which prejudice a member of a fund, the real value of the accrued benefits of such member of a fund, and his or her beneficiary, as represented by the fund’s actuarial liability towards the member or his or her beneficiary, shall be maintained.

(b) The retirement age applicable to a public servant by law as at 1 October 1993, shall not be changed without his or her consent.

(8) For the purposes of this section the public service shall include the permanent force of the National Defence Force referred to in section 266  (1).

PROVINCIAL SERVICE COMMISSIONS

213. (1) A provincial legislature may provide by law for a provincial service commission and, subject to norms and standards applying nationally, such commission shall, in respect of public servants employed by the province, be competent—

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

the establishment and organisation of departments of the province; appointments, promotions, transfers, discharge and other career incidents of such public servants; and the promotion of efficiency and effectiveness in departments of the province;

when so requested, to advise the Premier 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 a provincial legislature; subject to any limitation imposed by a law, to delegate any of its powers to a member of such commission or official in the public service or authorise any such member or official to perform any of its functions; and to exercise and perform such other powers and functions of the Public Service Commission assigned to it by the President with the approval of the Premier of the province.

(2) The provisions of sections 210  (2), (3), (4), (5) and (7) and  211  pertaining to the Public Service Commission, shall mutatis mutandis apply to a provincial service commission, except that any reference to an Act of Parliament, Parliament or the President shall be deemed to be a reference to a provincial law, a provincial legislature or the Premier of a province, respectively.

CHAPTER 14

Police and Defence

SOUTH AFRICAN POLICE SERVICE

Establishment

214. (1) There shall be established and regulated by an Act of Parliament a