Frequently Asked Questions
PSC is an institution which manages Human Resources in the Public Service.[See Also]
No.It is an independent Commission, but it is responsible and answerable to the Parliament for the exercise and discharge of its powers and functions.[See, Article 55 (5) of the Constitution as amended by the 17th Amendment]
The Provincial Public Service and the National Public Service are two separate and distinct services which are operative under different Authorities. This is illustrated by:
- You can appeal to the Administrative Appeals Tribunal within 04 weeks from the receipt of such order.
[See Article 59(2) of the Constitution as amended by the 17th Amendment & Section 04 of the Administrative Appeals Tribunal Act No.4 of 2002]
- You can file a Fundamental Rights Application in the Supreme Court.
[See Article 126 of the Constitution]
- Article 61A of the Constitution as amended by the 17th Amendment states as follows:
“Subject to the provisions of paragraphs (1), (2), (3), (4) and (5) of Article 126 (of the Constitution), no court or tribunal shall have power or jurisdiction to inquire into or pronounce upon or in any manner call in question any order or decision made by the Commission, a Committee, or any public officer in pursuance of any power or duty conferred or imposed on such Commission, or delegated to a Committee or public officer, under this Chapter or under any other law.”
In terms of Article 58(1) of the Constitution as amended by the 17th Amendment, you have the right of appeal to the PSC against such an order.
Appeals should be submitted to the PSC within the stipulated time period, paying attention to Sections 5 & 6 of Chapter XXVIII and Sections 12, 26 & 37 of Chapter XLVIII of the Establishments Code and Chapter XX of the Procedural Rules of the PSC.
Approval has to be taken from PSC.