The Public Service Act, 1994 and Public Service Regulations, 2016 requires that persons who are appointed in the Public Service must be fit and proper and further indicates that any person who is appointed must meet the inherent requirement of the job. Section 11 of the Public Service Act, 1994, states that in the public service- “(a) all persons who applied and qualify for the appointment concerned shall be considered; and (b) the evaluation of persons shall be based on training, skills, competence, knowledge and the need to redress, in accordance with the Employment Equity Act, 1998 (Act 55 of 1998), the imbalances of the past to achieve a public service broadly representative of the South African people, including representation according to race, gender and disability.”
Legislation applies to all appointments in the Public Service which must be open, transparent and fair to all of those who apply. The intention is to seek the best person based on the requirements of the post and within the parameters of the regulatory framework.
End