1. (a) The authority for the Public Service Regulations is contained in section 41 of the Public Service Act. The review of regulations is usually triggered by gaps or challenges identified, policy changes, strengthening processes or managing interpretational challenges, amongst others.
(b) The requirement to seek the Minister’s determination on secondments that exceed 12 months is to ensure that secondments do not affect service delivery and do not become a mechanism to create long term employment which places undue burden on the seconding department and its employees to carry the tasks of the seconded employee over a protracted period. The Minister therefore assesses the operational requirements taking into account the circumstances and the impact of the secondment in excess of 12 months as motivated by relevant departments. It must be noted that this requirement was not introduced in the recent Public Service Amendment Regulations, 2023.
2. (a) Prior to the Public Service Amendment Regulations, 2023, transfers were regulated by section 14 of the Public Service Act. It became necessary to provide further clarity to ensure proper implementation of transfers by requiring-
(b) A challenge on transfers of employees without their consent cannot be sustained as it is authorised by section 14 of the Public Service Act and is not dependent on regulations.
3. We are not aware of a case of Saloojee v Minister of Police 2004 and therefore we are unable to respond on the import thereof in relation to transfers.
4. (a) The Public Service Amendment Regulations, 2023 does not make reference to operation requirements in respect of transfers.
(b) Regulation 7 of the Public Service Regulations, 2016 provides for decision-making in cases of conflict of interest.
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