Appointment, Transfer and Promotion on Probation

(1) The appointment of a person and the transfer or promotion of an officer in the A or B division shall be made on probation—

(a)

unless, in the case of an appointment the person having the power to approve such an appointment, directs otherwise; or

(b)

if, in the case of a promotion or a transfer the person having the power to approve such a transfer or promotion, so directs.

(2) (a) Subject to the provisions of paragraphs (b) and (c), the period of probation shall not be less than 12 calendar months.

(b) If an officer who is serving on probation is transferred or promoted to another post, a lesser period of service on probation may be directed in the new post which, together with the period of probation served in the former post, shall total at least 12 calendar months.

(c) The period of probation of an officer shall be extended by the number of days leave taken by him or her during the period of probation or any extension thereof.

(3) If the head of the office, branch, subdepartment, institution or department certifies that, during the period of probation or extended period of probation, the officer concerned has been diligent and his or her conduct has been uniformly satisfactory and that he or she is in all respects suitable for the post which he or she holds, and if the officer has complied with all the conditions to which his or her appointment, transfer or promotion was subject, the person having the power to make the appointment, transfer or promotion concerned, may confirm that appointment, transfer or promotion, but if the probationary appointment, transfer or promotion is not so confirmed the person having the power to make the appointment, transfer or promotion concerned may extend the period of probation or act in accordance with the provisions of subsection (5).

(4) . . . . . .

(5) Notwithstanding anything to the contrary contained in subsection (2) or in any collective agreement contemplated in section 18 (b) of the Public Service Laws Amendment Act, 1998, but subject to the provisions of subsection (6), an officer who is serving on probation may be discharged from the public service by the person having the power of discharge, whether during or at or after the expiry of the period of probation—

(a)

by the giving of one month’s written notice to such officer; or

(b)

forthwith, but subject to the provisions of the Labour Relations Act, 1995 (Act No. 66 of 1995), if his or her conduct or performance is unsatisfactory.

[Sub-s. (5) amended by s. 7 of Act No. 86 of 1998.]

(6) Notwithstanding anything to the contrary contained in sections 14 and 34, a person whose transfer or promotion on probation is not confirmed and who immediately prior to that transfer or promotion on probation was an officer, other than an officer on probation, shall be transferred to the post formerly held by him or her, or to a post of equivalent grading, and shall receive such salary as he or she would have received in the said former post if he or she had not been transferred or promoted on probation.

[S. 13 substituted by s. 10 of Act No. 47 of 1997.]