Primary briefing · Gazette
high impact 55404 · 2026-09-15
Public Service Commission Act, 2026 (Act 8 of 2026) — PSC powers now reach municipalities and public entities
The Public Service Commission Act, 2026 (Act No. 8 of 2026), assented to on 10 September 2026 and published in Government Gazette 55404 on 15 September 2026, repeals the Public Service Commission Act, 1997 (Act 46 of 1997) in its entirety. The new Act regulates the PSC in accordance with section 196 of the Constitution, prescribes procedures for appointment, disqualification, renewal and removal of commissioners, and establishes a standalone Secretariat headed by a CEO. Critically, it extends the Commission's investigative and directive powers to municipalities and public entities by inserting a new section 68A into the Municipal Systems Act, 2000. It creates criminal offences for obstruction of the Commission and non-compliance with summonses, punishable by fines up to R50 000 or imprisonment up to 12 months, or both. Executive authorities must report on implementation of Commission decisions within 60 days, and directions issued to municipalities or public entities must be implemented within 60 days or such other period as specified. The Act also amends the Public Service Act 1994, the PFMA, and the Independent Commission for Remuneration Act 1997.
Who is affected
National and provincial government departmentsMunicipalities and municipal entitiesPublic entities subject to the PFMA and MFMAMunicipal managers and heads of departmentBoards of public entitiesIn-house counsel and external advisors to organs of statePublic administration and constitutional law practitioners What this means for practitioners
Review the full text of Act 8 of 2026 and brief affected organ-of-state clients on the new PSC powers, criminal offences, and compliance deadlines.
Alert municipal managers and boards of public entities that the PSC now has investigative and directive jurisdiction over them via new s 68A of the Municipal Systems Act.
Ensure executive authorities are aware of the 60-day reporting obligation on Commission decisions (section 13(1)) and the 60-day implementation deadline for directions (section 10(3)).
Update compliance frameworks to account for criminal liability for obstruction or failure to comply with PSC summonses (fine up to R50 000 or 12 months' imprisonment).
Monitor for the proclamation of a specific commencement date and for the Commission's promulgation of procedural rules, which must be prescribed within 12 months of commencement.