1. The Minister for Public Service and Administration, after being advised by the South African Revenue Services that the tax payable by an employee who resigns voluntarily from the public service will be higher than what was intended, has announced a change in the basis for an employee's exit from the public service in terms of the EISP. The basis has been changed from voluntary resignation to discharge, in terms of Section 17(2)(c) of the Public Service Act, 1994 as amended and Section 11(1)(c) of the Employment of Educators Act, 1998 (Act 76 of 1998), which read as follows:
  • 17(2)(c): "if, for reasons other than his or her own unfitness or incapacity, his or her discharge will promote efficiency or economy in the department or office in which he or she is employed, or will otherwise be in the interest of the public service."

  • 11(2)(c): "if, for reasons other than the educator's own unfitness or incapacity, the educator's discharge will promote efficiency or economy in the department, school, institution, office or centre in which the educator is employed, or will other otherwise be in the interest of the State.

2. This new basis for employee exit is applicable with effect from 1 January 2006.

3. Please ensure that the content of this circular is brought to the attention of all educators appointed in terms of the Employment of Educators Act, 1998 (Act 76 of 1998) and public service staff appointed in terms of the Public Service Act, 1994 as amended. Each staff member must be requested to sign the document to indicate that he or she is familiar with its content.


SIGNED: G.J. ELLIOTT
HEAD: EDUCATION
DATE: 2007:01:18