Mrs J C Moloi-Moropa (ANC) to ask the Minister for the Public Service and Administration:
What administrative recourse is provided by her department to public servants who are dismissed by legislatures to reverse such dismissal?NO860E
The employees of Legislatures are not appointed in terms of the Public Service Act, therefore as the Minister for Public Service and Administration I do not have jurisdiction over their employment conditions. This approach was deliberate to ensure the distinction of powers between the legislature and the executive. Accordingly, in respect of due process for them when dismissed, those officials should approach the Commission for Conciliation, Mediation and Arbitration (CCMA). If they are not satisfied with the CCMA decision, they can approach the Labour Court.