Department of Communications Rationalisation Act

3 I Maw-t 1998 I t ii hereby notitiecl that the P r e s i d e n t has ~ssented to the t’t~ll(~wing Ac( which is hereby p u b l i s h e d for general int’~m]:ition:- Hierby w o r d bekend gemak dat d i e P r e s i d e n t SY ~Uoed~euring geheg het am d i e t)nders[aande W’et W:it hierby ter algemene inligting gepubliseer w(ml- N(). 10 <Jt’ 199S: Department (Jt’ C(~mmunic:~ti(~n\ R:ition:ili - ~:iti~ln Act. 1998. I N,,, 10 ,:,n 199X: ~el (Jp d i e Rosit)nalisering VWI die D e p a r t m e n t vun 1998. Kommunikiisiewese, ACT To provide for the rationalisation of the Department of Communications; and to provide for matters connected therewith. BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:— Definitions

1. In this Act, unless the context indicates otherwise— (i) (ii) (iii) (iv) ‘‘commencement date’’ means the date on which this Act comes into operation; ‘‘Communications Service Act’’ means the Communications Service Act, 1974 (Act No. 66 of 1974); ‘‘Department’’ means the Department of Communications; ‘‘Public Service Act’’ means the Public Service Act, 1994 (Proclamation No. 103 of 1994). 5 10 Transfer of staff

2. Subject to section 3, all officers and employees of the Department are transferred to the public service. Transitional arrangements relating to staff matters 3. (1) For the purposes of leave, pension and retirement the service in the Department of any person who becomes an officer or employee in the public service in accordance with section 2, and of any person serving under a special contract referred to in subsection (2), is regarded to have been part of and continuous with his or her service in the public service in terms of the Public Service Act. (2) Any special contract contemplated in section 9(1)(d) of the Communications Service Act which was in force immediately before the commencement date, is regarded to have been entered into under the Public Service Act and continues without interruption in accordance with its terms. (3) Any post which immediately before the commencement date was classified in the ‘‘B’’ division in terms of the Communications Service Act, is regarded to have been included in the ‘‘A’’ division of the Public Service. (4) Salary scales, wages and allowances, and any decision, recommendation, authorisation or direction of the Staff Management Board established by section 4 of the Communications Service Act, is regarded to have been determined or made under the Public Service Act. (5) Any investigation in progress or any disciplinary steps taken or contemplated, against any officer of the Department in respect of alleged misconduct committed prior to the commencement date, must be disposed of or instituted in terms of the Public Service Act. (6) Any person who immediately before the commencement date occupies the post of Director-General of the Department in terms of a contract entered into under section 10A of the Communications Service Act— 15 20 25 30 35 (a) becomes the head of the Department as from that date and is regarded to have been appointed as such under section 12 of the Public Service Act; and 40 4 (b) retains his or her remuneration, benefits and terms and conditions of his or her employment during the remainder of his or her current term of office in the said post or during any period for which his or her term of office in that post is extended. (7) If an officer is found guilty of misconduct referred to in subsection (5), and the head of the Department decides to impose a fine on him or her, the amount of the fine must not exceed the maximum amount of a fine which could have been imposed in terms of the Communications Service Act prior to the commencement date. (8) No recommendation or direction made or given by the Public Service Commission under any provision of the Public Service Act or any other law, for the purpose of establishing uniformity of the terms and conditions of employment, may result in the person concerned being placed in a less favourable financial position than that which he or she would have been entitled to immediately before the commencement date. Transitional arrangements relating to financial matters 4. (1) Money in the Post Office Fund, established by section 12D of the Post Office Act, 1958 (Act No. 44 of 1958), standing to the credit of that fund immediately before the commencement date, must be paid into the National Revenue Fund established by section 213 of the Constitution, 1996 (Act No. 108 of 1996). (2) The expenditure on the services of the Department must be defrayed from funds made available to the Department in accordance with section 9 of the Exchequer Act, 1975 (Act No. 66 of 1975). (3) Any exemption, condonation, settlement or amendment approved by the Department under section 4(2) of the State Tender Board Act, 1968 (Act No. 86 of 1968), prior to the commencement date is regarded to have been granted, negotiated or made with the prior approval of the Treasury. (4) Any bank account opened by the Department and which is in operation immediately before the commencement date is regarded to have been opened on the written authority of the Treasury and continues to exist until closed in terms of the Exchequer Act, 1975, or any other law. (5) Any licence fee, levy, rate or charge which is in force immediately before the commencement date, and which is prescribed or determined by the Department under any law or in terms of any contract is regarded to have been approved by the Treasury. (6) In this section ‘‘Treasury’’ means the Minister of Finance or a duly authorised officer in the Department of State Expenditure. 5 10 15 20 25 30 35 Savings

5. No provision of this Act affects any— (a) existing, accruing or contingent right, liability or obligation of any person flowing from; (b) penalty, forfeiture or punishment incurred in respect of an offence committed 40 (c) in contravention of or misconduct in terms of; retirement date or any leave, pension or benefits prescribed or accumulated under; and (d) appointment of any officer or employee made under, any law repealed by this Act if a corresponding law mentioned in Schedule 2 has that effect, and anything done in connection with or in terms of a provision of any law so repealed, is regarded to have been done under a provision of such corresponding law. 45 Amendment and repeal of laws

6. The laws specified in Schedule 1 are amended and repealed to the extent indicated in the third column thereof. 50 Application of certain laws to Department

7. The laws specified in Schedule 2 apply to the Department to the extent indicated in the third column thereof, and all subordinate legislation and notices made or issued 6 under such laws replace the corresponding subordinate legislation and notices which applied to the Department immediately before the commencement date. Short title and commencement

8. This Act is called the Department of Communications Rationalisation Act, 1998, and comes into operation on a date fixed by the President by proclamation in the Gazette. 5 GENERAL EXPLANATORY NOTE: 8 Words underlined with a solid line indicate insertions in existing enactments. SCHEDULE 1 (Section 6) Laws amended or repealed No. and year of law Act No. 44 of 1958 Short title Extent of amendment or repeal Post Office Act, 1958

1. The amendment of section 1 by Act No. 86 of 1968 State Tender Board Act, 1968 the deletion of the definitions of ‘‘Bank’’, ‘‘financial year’’, ‘‘Fund’’, ‘‘Post Office Appropriation Act’’, ‘‘Post Office Service Act’’, ‘‘revenue’’ and ‘‘security’’.

2. The repeal of sections 2A up to and including 2D and sections 12A up to and including 12T.

3. The amendment of section 119B by the deletion of paragraph (a). The amendment of section 4— (a) by the substitution in subsection (2) for the words preceding paragraph (a) of the following words: ‘‘No exemption, condonation, settlement or amendment which may be to the prejudice of the State shall be granted, negotiated or made under paragraphs (f) and (g) of subsection (1) without the prior approval of the Treasury.’’; and (b) by the deletion of paragraphs (a) and (b) of subsection (2). Act No. 66 of 1974 Communications Service Act, 1974 The repeal of the whole. Proclamation No. 103 of 1994 Public Service Act, 1994 The insertion in Schedule 1 after ‘‘Department of Arts, Culture, Science and Technology’’ in column 1 and ‘‘Director-General: Arts, Culture, Science and Technology’’ in column 2 of ‘‘Department of Com- munications’’ and ‘‘Director-Gen- eral: Communications’’, respec- tively. 10 SCHEDULE 2 (Section 7) (Laws applicable to Department) No. and year of law Act No. 66 of 1975 Act No. 65 of 1984 Short title Extent of application Exchequer Act, 1975 The whole, excluding section 52A Public Service Commission Act, 1984 The whole Proclamation No. 103 of 1994 Public Service Act, 1994 The whole