(a) any verdict reached; or
(b) any penalty imposed upon him;
may appeal against the verdict or penalty to the Labour Court.
(2) The provisions of the Labour Act [Chapter 28:01] shall apply, mutatis mutandis, to an appeal under subsection (1) in all respects as if the appeal were against a verdict or penalty reached or imposed, as the case may be,
under an employment code of conduct registered in terms of section 101 of that Act.
[Section substituted by section 46 of Act 17 of 2002]
PART VI
GENERAL
27 Delegation of functions
(1) In the interests of ensuring the greatest degree of devolution of decision-making functions consistent with
good administration, the Commission shall—
(a) ensure that the functions vested in it by or under this Act are delegated to the staff of the Commission or
persons in the Public Service, whether such persons are employed in the Ministry for which the Minister
is responsible or otherwise; and
[Paragraph substituted by section 8 of Act 16 of 2001]
(b) take whatever steps are necessary to encourage the greatest possible delegation of decision-making
functions within all Ministries, departments and other divisions of the Public Service.
(2) A delegation of a function by the Commission in terms of paragraph (a) of subsection (1)—
(a) may be made absolutely or subject to conditions; and
(b) may be amended or revoked at any time; and
(c) shall not preclude the Commission from exercising the function so delegated.
(3) A person to whom the Commission has delegated a function in terms of paragraph (a) of subsection (1)
may, with the consent of the Commission, further delegate the function, either absolutely or subject to conditions,
to any member of the Public Service who is under his control or authority.
(4) Where the Commission has delegated a function in terms of paragraph (a) of subsection (1) to any person, any conditions or limitations applicable to the exercise of that function by the Commission shall apply,
mutatis mutandis, to the exercise of the function by the person to whom it has been delegated.
(5) Where a person has been or is about to be appoin ted to the Public Service or promoted within the Public
Service pursuant to a power delegated by the Commission in terms of paragraph (a) of subsection (1), and the
Commission considers that—
(a) the person does not have the qualifications or ability necessary to carry out the duties of the position he
occupies or would occupy, as the case may be; or
(b) his appointment or promotion has contravened or would contravene, as the case may be, any condition
under which the power was delegated;
the Commission shall revoke the appointment or promotion or direct that the appointment or promotion shall not
be made, as the case may be, and may take such other action in the matter as the Commission thinks necessary:
Provided that—
(i) before taking any action in terms of this subsection, the Commission shall give the person whose appointment or promotion is in issue and the person who appointed or promoted him or proposed to appoint or promote him, an adequate opportunity to make representations in the matter;
(ii) where a person has been appointed or promoted and the Commission is satisfied that the appointment or
promotion was not effected as a result of any fraud or wilful misrepresentation on his part, the Commission need not revoke the appointment or promotion, as the case may be.
(6) This section shall not be construed as limiting any power which the Commission or any other person may
have under any other law to delegate functions to another person.
28 Pension benefits to be paid from Consolidated Revenue Fund
All pension benefits payable in terms of this Act shall be paid from the Consolidated Revenue Fund, which is
hereby appropriated to the purpose.
29 Remuneration and pension benefits not to be ceded, pledged or attached
(1) Except as may be provided by or in terms of this Act or any other enactment, no member of the Public
Service shall cede the whole or any part of his salary, allowances or other remuneration without the written consent of the Commission or his head of Ministry, and any purported such cession without such consent shall be
void.
(2) Except as may be provided by or in terms of this Act or any other enactment, no pension benefit payable
in terms of this Act or right to such a pension benefit shall—
(a) be capable of being assigned or ceded or otherwise transferred or of being pledged or hypothecated; or
(b) be liable to be attached or subjected to any form of execution under a judgment or order of a court;