Key Benefits:
(1) The public service shall consist of persons who-
(a) hold posts on the fixed establishment in any Government Ministry or Department;
(b) immediately before the coming into force of this Act were employed in terms of the Public Service Act repealed by this Act;
(c) immediately before the commencement of this Act were part of the Teaching Service, including teachers in Government schools and persons who held Government aided posts in private schools;
(d) immediately before the commencement of this Act were part of the Unified Local Government Service or Land Board Service;
(e) are employed temporarily or under a special contract, within a Government Ministry or Department;
(f) immediately before the commencement of this Act, were industrial employees remunerated by Government.
(2) All posts established in terms of the Public Service Act, the Regulations for Industrial Employees, the Teaching Service Act, the Tribal Land Act and the Unifie d Local Government Service Act and existing immediately before the commencement of this Act shall, except where it is clearly inappropriate, be deemed to have been established under this Act.
(3) All persons who were employed in terms of the Public Service Act, the Regulations for Industrial Employees, the Teaching Service Act, the Tribal Land Act and the Unified Local Government Service Act immediately before the commencement of this Act shall, except where it is clearly inappropriate, be deemed to have been employed under this Act and the provisions of this Act shall apply to them.
(4) A person who was employed in terms of the Public Service Act, the Regulations for Industrial Employees, the Teaching Service Act, the Tribal Land Act or the Unified Local Government Service Act immediately before the commencement of this Act shall not be subject to any condition of service which is less favourable to him or her than any similar condition which applied to him or her before this Act came into force.
(5) Notwithstanding the provisions of subsection (4), any person who was employed in terms of the Acts and Regulations referred to in sub-sections (1) to (4) immediately before the coming into force of this Act shall not-
(a) publicly speak or demonstrate for or against any politician or political party;
(b) be an active member of, nor hold office in, any political party;
(c) publish his or her views on political matters in writing; or
(d) hold a parliamentary seat or hold a political office in any local government body, except where the office is held ex officio.
(6) Any person who is excluded, under section 110 (1) of the Constitution, from the public service shall not, for purposes of this Act, be considered part of the public service.
(7) For the purposes of this section
"aided post" means any post in a private school in respect of which, in the opinion of the Minister, the salary attached to the post should be paid, wholly or partly, from public funds; and
"Government school" means a school managed by the Ministry responsible for education and skills development, and the Ministry responsible for local government.
