Provinces on the Public Service Amendment Bill, delivered on behalf of the
Minister for the Public Service and Administration Ms Geraldine Fraser-Moleketi
by the Minister in the Presidency, the honourable Essop Pahad
20 November 2007
Honourable Chairperson
I am sure that we all agree that effective service delivery requires an
efficient and accountable administration devoid of red tape with strong
anti-corruption and compliance measures. The regulatory framework for the
administration should, whilst embedding stability and certainty, also
facilitate dynamic innovation to allow for the use of new institutional and
technological instruments to enhance the provision of services.
The Bill before you today for a second reading provides an opportunity for
Parliament to strengthen the democratic values and principles governing public
administration in Chapter 10 of our Constitution with respect to national and
provincial department. These values and principles include a high standard of
professional ethics; efficient, economic and effective use of resources; a
development-oriented public administration; the impartial, fair, equitable and
unbiased provision of services and responding to the people's needs.
Honourable Chairperson, we need to recognise that certain organisational and
human resource practices in the current Public Service Act, directly or
indirectly hinder service delivery. In broadening access to services for the
masses of our people, we must continuously identify innovative ways of
delivering services. Currently, some government functions are provided by
national or provincial departments away from the points of service delivery and
without direct accountability and decision-making by those functionaries
responsible for their delivery. Other government functions are provided by
entities outside the public service without being directly accountable to a
political functionary.
We have also come to recognise that compliance with public service
prescripts does not meet the desired standards. This weakens human resource
management and results in time-consuming and costly litigation.
Employees dismissed by departments for corruption-related and other types of
misconduct, are often re-appointed by other government departments soon after
dismissal, which means that misconduct does not carry effective sanctions.
Employees suspected of transgressions sometimes resign and are appointed in
other departments without disciplinary steps being instituted or if they have
been instituted, without being sustained.
The primary aim of the Amendment Bill is therefore to improve the
organisational and human resource framework for national and provincial
departments to address these obstacles to service delivery. This includes
facilitating the easier day-to-day administration of the Public Service Act by
addressing certain legal difficulties, simplifying or clarifying several
provisions, removing obsolete provisions and aligning the Act with other
legislation.
I will now highlight some of the key amendments in the Bill:
The Bill proposes the introduction of a new institutional form separate from
departments, but within the public service, a "government component" as well as
specialised service delivery units, ring-fenced within departments.
The heads of government components will serve as accounting officers in
terms of the Public Finance Management Act. The component model is suitable for
an institution, with a unique identity, that has specific measurable functions
that can be logically grouped in terms of a particular service delivery model.
Such a component may have original statutory functions or assigned or delegated
statutory functions or a combination of these. The assignment of statutory
functions of the executive authority to the head of a component, with
accompanying shifting of accountability, is proposed to be subject to
Parliament's approval. Government components may, however, not engage in
socio-economic functions to give effect to the rights envisaged in sections 26
to 29 of the Constitution. A government component is partnered with a principal
department, which will assist the executive authority of that department, i.e.
the responsible Premier or MEC, in the case of an Office of the Premier or a
provincial department, with oversight of such component.
The advantages of using this organisational form in the public service
include the customisation of the administrative and operational arrangements
designed to suit a particular service delivery environment. Better governance
through direct accountability and decision-making as close as possible to the
point of service delivery will be an added advantage. Political heads will also
have more direct control and influence over service delivery outcomes without
the need to necessarily create entities outside the public service.
While proposing this alternative service delivery model, however, it is
important to stress that it is not intended to fragment the state. On the
contrary, it responds directly to forms of fragmentation that have already
occurred through the establishment of public entities. Indeed, the government
component model will also be an institutional mechanism to reincorporate some
public entities, where appropriate and if required, into the public service.
The responsible Minister or political head of that component could also, if
required, create an advisory board to advise on service delivery matters or to
accommodate stakeholder interests.
In addition to the government component model, the Bill also proposes an
enabling provision for the establishment of specialised service delivery units
within departments. The features of these units are similar to those of
government components, except that these units may, unlike such components,
perform services pertaining to constitutional socio-economic rights. Moreover,
these units will operate within departments while government components will be
separate, accountable institutions outside departments. Provision is also made
that when the executive authority or head of the relevant department delegates
human resource functions affecting specialised service delivery units, these
functions must be delegated to their heads. Subject to the Treasury's approval
and special arrangements regarding accountability, the Bill also provides for
compulsory financial delegations to the unit head.
To assist with the enforcement of the provisions of the Public Service Act,
executive authorities are compelled to take disciplinary steps against heads of
department transgressing its provisions, and heads of department to take such
steps against transgressing employees. They are also required to report
transgressions respectively to the Minister for the Public Service and
Administration and the Director-General of the Department of Public Service and
Administration. The Minister for the Public Service and Administration may also
report transgressing national executive authorities to Cabinet and
transgressing provincial executive authorities, through the relevant Premier,
to the provincial Cabinet in question. That Minister must also annually report
transgressions to the relevant committees of Parliament and of the provincial
legislatures concerned.
A further important measure to improve compliance with the Public Service
Act is the compulsory implementation by political and administrative heads of
the directions of the Public Service Commission regarding certain human
resource matters.
The Bill also proposes the institution of disciplinary steps against
employees at their new departments for alleged transgressions at departments
where they were formerly employed.
Anti-corruption measures to prohibit the re-employment of persons in the
public service dismissed for specified kinds of misconduct, e.g. misconduct
involving corrupt activities, are also contained in the Bill. It is proposed
that the prohibition on re-employment should endure for a stipulated period and
that different periods may be prescribed by regulation in respect of different
types of misconduct.
A number of the amendments in the Bill will enhance employees' rights. These
include:
* The compliance measures mentioned above which also extend to collective
agreements. These measures will assist employees where departments to their
employeesâ detriment fail to comply with collective agreements and other public
service prescripts.
* Provision is made for a fair process before employees may be transferred
to other government departments in the public interest. An employee may make
representations on why he/she does not want to be transferred. These
representations must then be considered and weighed against the public interest
(i.e. to better serve the needs of the people).
* Employees of government institutions outside the public service who
voluntarily join a national or provincial department will be transferred in
order to recognise his/her years of service and certain benefits (e.g. pension
and leave credits).
* Under the current Act, employees need permission to undertake remunerative
work outside of the public service. The Bill proposes criteria that the
employer must consider when deciding whether to give such permission, namely
that such outside work should not interfere with the relevant employee's
functions or be in conflict with the Code of Conduct applicable to public
servants.
* Certain restrictions on political rights of employees are removed and
employees are permitted to participate as candidates in elections. They may be
candidates without resigning from the public service during the election period
â only if they are elected and they accept such election will their employment
in the public service be terminated.
* Provision for disciplining employees moving from one department to another
will enhance the morale of compliant employees, i.e. transgressing employees
cannot avoid being disciplined by simply resigning and obtaining employment
elsewhere in the public service.
* Similarly, the prohibition on the re-employment of employees dismissed for
particular categories of misconduct (including misconduct related to corrupt
acts) for a specified period, would assist with the morale of honest and
otherwise compliant employees.
Honourable Chairperson, if this Bill is adopted by Parliament and signed
into law by the President, I submit that it will contribute to the efficiency
and effectiveness of the organisational and human resource framework for
national and provincial departments, by introducing new service delivery models
and enforcement mechanisms as well as by improving the day-to-day
administration of the Public Service Act. While compliance in itself does not
guarantee efficient and effective service delivery, it is a necessary step in
ensuring the improved performance which all of us seek in public services.
Indeed all the measures proposed in this Bill are designed to enhance
governance, accountability and compliance that I am convinced will lead to
better service delivery.
I would like to thank the Select Committee on Local Government and
Administration for its vigorous engagement on the proposed measures in the
Amendment Bill in order to ensure that these accord with the constitutional
values and principles for public administration and also for facilitating
public participation through the provincial legislatures.
As honourable members are aware, government intends to propose draft
legislation to create a Single Public Service of administrations in the three
spheres of government for consideration and debate by Parliament during 2008. I
trust that all stakeholders participating in the consultative process preceding
the introduction of such proposals; will constantly remind themselves that the
overarching aim of a Single Public Service is not about centralising power.
Rather it is about ensuring integrated, efficient, high quality, collaborative
and accountable service delivery to promote social and economic development, in
the spirit of co-operative government as recognised by Chapter 3 of the
Constitution. I urge all stakeholders to analyse the provisions of the draft
legislation for a Single Public Service to ensure that interest groups and the
general public are correctly informed about its scope and purpose. We should
all debate this legislative initiative in a robust, yet innovative and
constructive manner in order to create the conditions for a better life for all
of our people.
Issued by: Department of Public Service and Administration
20 November 2007
