(1)(a) and (b) The Public Service Act, 103 of 1994 and the Senior Management Handbook, are implemented in terms of the Public Service Regulations (PSR), 2016. Regulation 4 of the PSR, 2016 provides that the Minister of for Public Service and Administration may, under justifiable circumstances, authorise a deviation from any regulation. This therefore means that deviations requested by relevant Executive Authorities may be authorised if justifiable reasons exist. In assessing a request for deviation, due consideration is given to aspects such as:
• Whether the department has provided sufficient justification for such
a request for deviation, including attaching all accompanying documents necessary for the Minister for Public Service and Administration to make an informed decision.
• Whether there has been proven effort to fill the post and that no applicant met the requirements of the post as advertised.
• Whether granting approval to deviate has future ramifications on the intentions of the Public Service legislative prescripts.
(2) According to my knowledge, all current (a) Director-General and (b) Deputy Directors-General of each Government department comply with the specified criteria.