PSC responds to an article titled “Acting on ANC deployment body's advice 'unlawful', says PSC" published on Business Day dated 18 March 2024
The Public Service Commission (PSC) has noted with concern an article titled “Acting on ANC deployment body’s advice ‘unlawful’, says PSC” published by Business Day on 18 March 2024 (written by Luyolo Mkentane) which has misquoted the PSC ’s report titled: Public Service Reforms Towards Professionalisation: A Public Service Commission Perspective. As such the matter needs to be duly clarified and corrected by the publication.
The article makes the following incorrect statements :
“The Public Service Commission (PSC), which monitors and evaluates performance of the public sector, has said it will be unlawful for an executive authority to consider a recommendation of the controversial ANC deployment committee in making an appointment.” “In a 191-page report on the study released in February that reflected on the pre- and post-1994 public administration ideology, practices and reforms, the PSC said the state capture commission, chaired by chief justice Raymond Zondo, “shone a very clear light” on the governing party’s cadre deployment committee.”
“President Cyril Ramaphosa “tried to emphasise that the ANC deployment committee only makes recommendations”. The commission however, found that in many cases it “amounted to instructions”, said the PSC study.” “After analysing the relevant provisions in the constitution and the Public Service Act, the commission concluded that it will be unlawful for an executive authority to consider a recommendation of the ANC deployment committee when he/she makes an appointment.” “The PSC said that an appointment on the recommendation of the deployment committee “would be actionable as an unfair labour practice. Various commentators have concluded that accountability in the public service has been eroded.”
Media houses must read the report in context and also note the relevant citations made when statements are being made in the report. Below are direct extracts from the report. The misquoting is clearly based on the extract of page 136 of the report when the word Commission is referenced to be the Public Service Commission which in actual fact is the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State Zondo Commission.
“In this context, the fact that senior appointments are political appointments, and the role of the ANC deployment committee or any political party development, cannot be ignored. The Zondo Commission was the first to unequivocally state that this is unlawful”. (pg 75 of the Report)
“The current emphasis on “political deployment” needs to be replaced by a focus on building a professional public service that serves government but is sufficiently autonomous to insulate it from political patronage”. HoDs and senior executives are currently appointed by a panel of Ministers, which already ‘politicises’ senior appointments, and despite prescribed guidelines, does not sufficiently safeguard the merit principle”. (pg 102 of the report)
“Judicial Commission of Inquiry into State Capture (Zondo Commission), 2022 (pg 135 of the reforms report). The Zondo Commission was largely about state capture, corruption and procurement especially in State Owned Enterprises, subjects that have been specifically excluded from the scope of this report. “Central to appointments, cadre deployment has been denied many times in the past mostly based on legalistic arguments that the constitutional and legislative framework do not allow for it. The Zondo Commission, by contrast, shone a very clear light on it. President Ramaphosa tried to emphasise that the ANC deployment committee only makes recommendations. The Zondo Commission, however, found that in many cases it amounted to instructions. After analysing the relevant provisions in the Constitution and the Public Service Act, the Commission concluded that it will be unlawful for an executive authority to consider a recommendation of the ANC Deployment Committee when he/she makes an appointment. The Commission added that an appointment on the recommendation of the Deployment Committee would be actionable as an unfair labour practice[5]. Various commentators have concluded that accountability in the public service has been eroded. Accountability has many aspects, including how objectives are set and how reporting against the Annual Performance Plan in a department’s annual report works”. (pg 136 of the reforms report). The media article also refers to page 191 of the Report but the PSC’s report only ends and page 172 and that requires correction.
In light of the above, the author of the Business Day article has misquoted what appears on page 136 of the Report on Reforms : “the Commission to be the Public Service Commission and not the the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State. The use of the term “Commission”, in the extract of the report on page 136 is based on extracts 656, 657 and refers to the Judicial Commission of Inquiry into State Capture, not the Public Service Commission.
The PSC, in its report, articulates findings of other reports. The relevance of Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State, is that it dealt with high level appointments, which the PSC had to give consideration to when dealing with HR practices, recruitment being one of them. There should be no confusion in relation to the highlighted aspects of what was extracted from the Zondo Commission and that of the PSC.
The objectives of this study are clearly articulated in the report as namely to:
- reflect on the pre- and post-1994 public administration paradigm/ideology, practices and reforms;
- assess the influence of the National Development Plan, Vision 2030, the National Framework towards the Professionalisation of the Public Sector, and other evaluations/ comments on the state of the Public Service on future public administration reforms in South Africa; and
- develop a PSC perspective on specific administrative reforms or required reforms, especially in the area of Human Resource Management.
It is worth noting that the PSC is an independent Constitutional Body whose mandate is expressively covered within the parameters of the Public Service. As such, the PSC does not have the mandate to deal with matters relating to policies of political parties. In addition, the PSC supports reforms in the public sector including the National Framework for Professionalisation of the Public Sector.
It is advised that this matter be corrected with immediate effect as the articulation above makes it very clear that the information in the report was on the basis of the outcomes of the the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State.
The PSC is available to comment on any reports issued by the PSC before any media articles are released so that there cannot be such confusion in the future.
Enquiries:
Humphrey Ramafoko
Cell: 082 782 1730
