No as they do not all qualify for the upgrade period prescribed by the Minister of Public Service and Administration. Currently, a Labour Court case is pending regarding officials who were appointed on 1 August 2012, and do not qualify for the automatic upgrades.
The Minister of Public Service and Administration directed in terms PSCBC Resolution 1 of 2012, clause 18.1 and set out in Circular 16/P dated 25 February 2013 that all posts/jobs that were graded on salary levels 10 and 12 between 1 July 2010 and 31 July 2012 and whose incumbents were appointed on salary levels 9 and 11, be automatically upgraded to salary levels 10 and 12 respectively with effect from 1 August 2012, subject to the availability of supporting job evaluation results.
To ensure that the implementation of clause 18.1 of Resolution 1 of 2012 is applied in a uniform manner, the Minister of Public Service and Administration directed in terms of Public Service Regulations Chapter 1, Part IG- “that only employees serving in posts/jobs that were graded on salary levels 10 and 12 since the implementation of Resolution 3 of 2009 up to and including 31 July 2012, be automatically absorbed into their regraded posts/jobs with effect from 1 August 2012, on condition that such posts/jobs were previously job evaluated and graded at salary levels 10 or 12 in terms of the revised job weight ranges as specified in terms of Circular 16/P dated 12 September 2011”.
The Minister of Public Service and Administration further directed in terms of section 3(1)(c) and 3(2) of the Public Service Act that: “Should executive authorities grade new jobs/posts or regrade existing jobs/posts within the corporate services environment at salary levels 9,10,11 or 12 grades of such jobs/posts must be consulted with and recommended by the Minister of Public Service and Administration before a final decision on the grade of the post is taken so as to ensure contemporaneous consistency”.