Public Service and Administration Director-General, Ms Yoliswa Makhasi today issued a circular clarifying the regulatory provisions guiding public servants’ participation in the upcoming general elections.
The circular that was sent to all Heads of Departments and Provincial Administrations, clarifies the regulatory provisions guiding public service employees’ participation in elections, as candidates and in assisting the Electoral Commission of South Africa.
This comes after President Cyril Ramaphosa proclaim Wednesday, 29 May 2024 as the date for the general national and provincial elections.
Participation of public servants as candidates for elections is regulated by section 36 of the Public Service Act, 1994 and regulation 15 of the Public Service Regulation, 2016.
In terms of section 36(1) public servants are allowed to participate as candidates for election as a member of the National Assembly and a Provincial Legislature subject to the code of conduct and any other prescribed limits and conditions.
However, section 36(2&3) states that an employee elected as a member of the National Assembly or a Provincial Legislature, or a permanent delegate of the National Council of Provinces, shall be deemed to have resigned from the public service effect from the date immediately before the date he or she assumes office as such a member.
Public Service Regulations
According to regulation 15, public servants who have been issued with a certificate stating that he or she is a candidate in an election, shall, not later than the next working day, inform his/her head of department in writing and submit the copy of the certificate.
In doing so, the employee will be deemed to be on annual leave from the date following the date the certificate is issued until if he/she elected and accepts the election, elected, but declines the election or not elected.
DG Makhasi said: “the employee who would like to participate in the elections should submit the certificate confirming his/her participation as a candidate in an election simultaneously with the leave form to the head of the department a day after the certificate was issued.
“The type of leave to be taken is annual leave, if the employee has insufficient annual leave days, he/she will have to take unpaid annual leave for the period in question.
If the employee is elected and accepts the election, Ms Makhasi said such a public servant should resign from the public service, adding that prescribed administrative procedures should be followed.
However, she said that if the employee declines the election or is not elected, the leave will terminate when the employee returns to work.
Remunerative work
The Director-General said public servants who are interested in assisting the Independent Electoral Commission (IEC) of South Africa in any remunerated capacity should apply for permission to perform other remunerative work outside their respective departments.
The Directive on Conducting Business with an Organ of the State exempts work for the Commission from the definition of conducting business with an organ of the state.
“The employee who has permission to perform other remunerated work with the IEC should apply for annual leave to attend any activity relating to this other remunerated work including training by the IEC,” said DG Makhasi.
