Public Service Commission (PSC), Mr John Ernstzen
8 February 2006
Introduction
As members of the press corps by now know, the Public Service Commission
(PSC) is established in terms of Chapter 10 of the Constitution of the Republic
of South Africa (1996) to act as an independent and impartial oversight body
with the responsibility of promoting good governance in the public service. The
central tenets of the work of the PSC are the nine constitutional principles
which while requiring of the public service to be developmental also give
content to how this developmentalism should be achieved.
The PSC has put much of its efforts into assisting the public service
performing effectively and efficiently, and as such it has formed an integral
part of strategic interventions in provincial and national departments. Its
mandate is confined to national and provincial departments and excludes local
government. It plays an important role in assisting the public service to
achieve a culture of good governance, underpinned by the values and principles
of public administration contained in the Constitution.
Significantly, the Constitution vests the PSC also with the responsibility
of critically overseeing governmentâs performance in public administration.
This custodial oversight responsibility for the public service has placed the
PSC in a position where it has gained a comprehensive view of the public
service and how it has been performing.
Flowing from this mandate, we step back every year to evaluate and take a
look at how the public service is performing vis a vis the values and
principles contained in the Constitution. In doing so the PSC recognises the
extent of progress made against many odds but also the areas in which further
improvement is required.
In this media briefing, we give an overview of the key findings from some of
our oversight work carried out during the 2005/6 financial year and through
this reflect the degree to which the public service is transforming and meeting
its developmental objectives.
We have organised these according to key themes which are, in our view, very
important at this stage of the public service transformation process.
Professional Ethics in the Public Service
The South African public service has generally responded well to the demands
for a clear, accountable and transparent government. A comprehensive
legislative and infrastructural framework has been put in place by Government
and this framework is being operationalised with the involvement of the public
sector, private sector and civil society.
The PSC has actively contributed to the fight against corruption and has
been at the forefront of many ethics initiatives. Key to this is its
contribution to the development of a sound integrity framework.
A key obstacle faced in the fight against corruption is that individuals are
often too intimidated to speak out or âblow the whistleâ on corrupt and
unlawful activity. A key strategy adopted by government to prevent and combat
corruption is the establishment of the National Anti-Corruption Hotline1 for
the Public Service (NACH) in September 2004 which is managed by the PSC. It is
an initiative aimed at promoting and encouraging reporting on corrupt
practices. The NACH is a simple, yet highly effective tool designed to enable
concerned employees (whistleblowers) in the public service, the public, as well
as third parties associated with the public service, to actively participate in
the reporting of corruption. Callers to the NACH are guaranteed anonymity.
Since its establishment, the PSC has referred 1390 alleged corruption and 1025
service delivery complaints cases to departments for further handling and
investigation. The PSC maintains a database of all the cases to ensure that
there is follow up with the departments concerned. The PSC does recognise
however, that to sustain the integrity and credibility of the hotline,
departments will have to play a much more active and speedy role in the
finalisation of reported cases to ensure that the public gets the necessary
feedback. The PSC has therefore deemed it necessary to develop a toolkit to
facilitate the effective use and implementation of the NACH.
The management of the Hotline by the PSC also complements its investigations
into public administration practices. In the past year alone, the PSC has
conducted a number of investigations (45) either on own accord or receipt of a
complaint. These investigations related to alleged corruption,
maladministration in public administration practices (including alleged human
resource management and procurement related transgressions), unethical
behaviour and service delivery complaints. Through these investigations, the
PSC advises Executing Authorities on the veracity of allegations made and
recommends remedial action to be taken.
Corruption is a multifaceted scourge. Very often public officials do not act
alone in this, but rather in concert with private entities or are enabled by
ordinary citizens. Therefore in tackling the scourge of corruption, an approach
which focuses merely on public officials would be sorely limited. Hence the PSC
has found it of vital importance to play a crucial role for the National
Anti-Corruption Forum (NACF) providing back-bone support. The NACF, a creation
of the first National Anti-Corruption Summit, comprises representatives of the
Public and Private Sectors and Civil Society. As the secretariat of the NACF,
the PSC organised the first summit of the NACF with the Second National
Anti-Corruption Summit which was held in March 2005. The Summit adopted a
number of resolutions which formed the basis of the current National
Anti-Corruption Programme (NAP) developed by the NACF.
The adoption of the NAP reaffirms the collective determination of South
Africans from all sectors to eradicate corruption and fight its adverse effects
on the pillars of our young democracy. A number of focused joint projects have
been identified and their implementation should help deepen the countryâs
efforts of promoting ethics awareness and combating corruption. The objectives
with the projects include advocacy in the South African anti-corruption
legislative framework, promoting ethical practices and activities, providing
sufficient platforms for national, provincial and local engagement on issues of
fighting corruption and the implementation of sectoral anti-corruption
programmes. We believe that the NAP remains a good example of co-operative
governance between civil society and the public and private sectors.
Senior public managers are required to disclose their financial interests
regarding such matters as shares, directorships, sponsorships, property, and
remunerated work outside the public service. Compliance to the framework is
reflected in table 1.
Table 1: Compliance by national and provincial departments with the
Financial Disclosure Framework for 2004/2005
National Department/Province: National Departments
No. of SMS Members: 3309
No. of Forms Received: 2379
No. of Forms Outstanding: 930
Percentage Received: 72%
National Department/Province: Eastern Cape
No. of SMS Members: 407
No. of Forms Received: 132
No. of Forms Outstanding: 275
Percentage Received: 32%
National Department/Province: Free State
No. of SMS Members: 275
No. of Forms Received: 131
No. of Forms Outstanding: 144
Percentage Received: 48%
National Department/Province: Gauteng
No. of SMS Members: 584
No. of Forms Received: 130
No. of Forms Outstanding: 454
Percentage Received: 22%
National Department/Province: KwaZulu-Natal
No. of SMS Members: 496
No. of Forms Received: 222
No. of Forms Outstanding: 274
Percentage Received: 45%
National Department/Province: Limpopo
No. of SMS Members: 355
No. of Forms Received: 174
No. of Forms Outstanding: 181
Percentage Received: 49%
National Department/Province: Mpumalanga
No. of SMS Members: 188
No. of Forms Received: 122
No. of Forms Outstanding: 66
Percentage Received: 65%
National Department/Province: Northern Cape
No. of SMS Members: 119
No. of Forms Received: 63
No. of Forms Outstanding: 56
Percentage Received: 53%
National Department/Province: North West
No. of SMS Members: 277
No. of Forms Received: 225
No. of Forms Outstanding: 52
Percentage Received: 81%
National Department/Province: Western Cape
No. of SMS Members: 299
No. of Forms Received: 238
No. of Forms Outstanding: 61
Percentage Received: 80%
Country Average
No. of SMS Members: 6309
No. of Forms Received: 3816
No. of Forms Outstanding: 2493
Percentage Received: 60%
While in excess of 60% of forms have been received for the last reporting
period, the PSC believes that a 100% compliance is the only satisfactory
benchmark. The highest return rates have particularly come from the Western
Cape, North West and National Departments. Such disclosures promote both
transparency and accountability in order to both detect and prevent real
conflicts of interest.
Its mandate and its work in the area of professional ethics have allowed the
PSC to develop an appreciation for the debate on conflicts of interest. Any
reform or transformation process, such as has been happening in South Africa
over the last ten years makes government systems susceptible to the emergence
of conflicts of interest. The PSC is currently working on a conflict of
interest framework as it recognises that such an approach promotes the
perception of integrity and keeps public servants honest.
In terms of the provisions of the Public Finance Management Act (PFMA),
1999, read with the Treasury Regulations, departments are compelled to report
finalised financial misconduct cases to the PSC. In terms of the PFMA,
financial misconduct entails any material losses through criminal conduct,
unauthorised, irregular, fruitless and wasteful expenditure.
A total number of 513 finalised financial misconduct cases were reported to
the PSC. This figure points to a decrease in the number of cases reported
compared to the 2003/2004 financial year (582), but must be weighed against the
fact that some departments did not provide any input to the PSC.
Although the departments reported various transgressions, fraud and theft
were committed in the majority of instances. There has however been a
substantial decrease in fraud and theft cases in the 2004/2005 financial year
(55%). Employees on salary levels 6 and 7 have committed the highest number of
financial misconduct transgressions.
In those cases where charges were brought against employees, 77% of
employees were found guilty of financial misconduct. If one considers the
emphasis that has been placed by civil society and government on rooting out
corruption in the public service, the high incidence of the sanction of
dismissal (38%) is an indication that financial misconduct will not be
tolerated.
Not all departments indicated the cost of financial misconduct. The total
cost emanating from unauthorised, irregular, fruitless and wasteful expenditure
and losses resulting from criminal conduct reported by departments and
provinces were R 120,497,731.02. An amount of R97,152,713.91 was recovered.
Accountability and transparency are key cornerstones of public
administration. Despite this, some departments are not complying fully in
reporting finalised financial misconduct cases in terms of the PFMA. However,
it is encouraging to observe that there has been a decrease in the total number
of reported financial misconduct cases as departments have recovered 81% of the
total cost emanating from unauthorised, irregular, fruitless and wasteful
expenditure.
Human Resource Management
The ability of the public service to rise to the challenges arising out of
the Accelerated Shared Growth Initiative as outlined by the President in his
State of the Nation Address last Friday, depends critically on human resource
capacity and sound management of it. In executing its mandate in this area, the
PSC specifically seeks to assess employment policies, management practices and
the management of the working environment in order to promote representivity,
fairness and assist in the identification of barriers that may contribute to
inequalities.
Notwithstanding the strides that the public service has made in the area of
human resource management, there still remains room for improvement. We still
maintain that areas such as recruitment and selection, performance management,
human resource planning, the challenge of HIV/AIDS, and employment equity need
more attention if the public service is to maximise human potential as
envisioned in Chapter 10 of the Constitution.
In order to optimise delivery from human resources, it is important that
performance is measured on a consistent basis. Our research shows, that there
are still gaps in the manner in which some departments conduct performance
management. These relate to the quality of performance agreements and of the
performance appraisal process itself. Indeed, our latest analysis of labour
relations grievances in the public service shows that 52% of them relate to the
way performance assessments are conducted.
While the Public Service needs to ensure that the performance of its public
servants is at optimal levels, where this is not the case management must
address poor performance decisively, effectively and in good time. The PSC has
begun research into the management of poor performance in the public service.
With this research the PSC anticipates, amongst others, to identify the key
ethical issues and problems related to the management of poor performance; the
nature of remedial interventions available to assist poor performers and the
extent to which these are yielding the desired results.
Statistics continue to show that whilst the public service has made progress
in achieving numeric targets for employment equity, women still need to be
better represented at leadership levels and that disabled people are still
underrepresented.
For 2005 the targeted level for female representativity at senior management
level was 30%. A rate of 27% has, however, only been achieved. The PSC not only
views gender equity in the workplace as important but also sees the extent to
which women are capacitated to fulfil their roles as leaders in the public
service as crucial. It has therefore conducted an investigation into gender
mainstreaming in the public service and a report containing findings and
recommendations will be published in due course.
In 2002, a PSC study found that people with disabilities made up 0,25% of
the total number of people employed in the public service. The PSC at the time
predicted that if the current pace continues, the target for ensuring a 2%
representation of persons with disability in the public service by 2005, will
not be met and called for urgent intervention by policy makers and implementers
alike. Such prediction was correct as disabled people still only comprise
0,16%[1], which is far short of the target of 2%. Clearly the public service is
failing to attract and retain disabled persons to its employment.
Recruitment and selection is the tool through which the Public Service
ensures that it is adequately capacitated. The PSC is regularly called upon to
investigate recruitment and related selection malpractices. These
investigations reveal that there is a lack of detailed departmental policies
and procedures to inform the objective, fair, equitable and responsible
application of recruitment and selection practices. Departments also fail to
thoroughly consider what skills, competencies, training and traits are required
from candidates that compete for vacant posts before advertising these. As a
result there is failure to structure selection processes in accordance with
these criteria.
Having due regard to the challenges of recruitment and selection the PSC has
developed a toolkit which guides departments. Workshops on the toolkit have
been held with all departments at national and provincial level.
Given that HIV/AIDS the world over is a serious challenge, it would be
constitutionally negligent of the PSC to take its eye off efforts by government
to brace the public service to meet the challenges it poses. Should the ability
of the public service to provide quality services be impacted on by a high HIV
and AIDS prevalence amongst its workers, it could compromise service delivery
to people infected and affected by HIV/AIDS and the population generally, with
negative consequences on the consolidation of our democracy. One way of
strengthening the public service to deal with the impact of HIV/AIDS in its
workplaces is to ensure that effective HIV/AIDS related health and counselling
infrastructure is in place. The PSC has therefore deemed it important to
conduct a study to evaluate the implementation of the policy framework on
HIV/AIDS in the public service and a report on its findings will be published
soon. Preliminary findings of the study point to the fact that whilst HIV and
AIDS committees are in place, there is a lack of programmes targeting HIV and
AIDS. Counselling and support aspects are also not always in place. Employee
Assistance Programmes are still weakly integrated into programmes dealing with
HIV and AIDS.
Promotion of sound labour relations
Much of the PSCâs work in the promotion of labour relations has been in the
area of grievances. Internal resolution of grievances bodes well for the
management of good labour relations. It is now two and half years since the
introduction of the new Grievance Rules and to this end a preliminary
assessment on the implementation of Grievance Rules was conducted. Despite the
awareness workshops to sensitise departments on these Grievance Rules, there is
still insufficient adherence and compliance. This has been observed from
investigations conducted on the referrals to the PSC as well as from the
grievance resolution database that is submitted to the PSC on a six monthly
basis by departments. Examples of non-compliance relate to failure and or delay
by departments to furnish the PSC with the database on resolution of
grievances;
lack or delay of co-operation from departments in handling of grievances
referred to the PSC; non-adherence to timeframes stipulated in the Grievance
Rules; and premature referral of grievances for consideration by the PSC when
the Executing Authority has not yet taken a decision on the matter.
The total number of grievances handled by the PSC has increased from 392
last year to 431 in the year until January 2006. This may again be attributed
to the new grievance rules which set stringent time-frames which departments
must adhere to. In terms of the grievance rules departments have only thirty
days in which to deal with grievances (although this time period may be
extended if agreed to by the aggrieved). Once a grievance is not resolved to
the satisfaction of the aggrieved they may request that it be referred to the
PSC.
The Grievance Rules have also been translated into other official languages
and these are available on the PSC website. Departments should ensure that
these are accessible to all employees.
Also the function of labour relations officers is not fully understood and
there persists a blurring of the definition of roles between line managers and
labour relations officers. It is thus not surprising that in close to 50% of
the organisations (both private and public sector) sampled in one of our
studies, labour relations officers are perceived to be âdisciplinariansâ or
âcatalystsâ for management.
Promoting a High Standard of Public Service Leadership
Heads of Department constitute the highest echelon of administrative
leadership in the public service. They are effectively the administrative
drivers of the highly demanding and dynamic programme of transformation that
the public service is undergoing. They are expected to think and act
holistically to ensure that ours is indeed a public service that puts people
first and delivers effectively as it consolidates its transformation.
The PSC continues to play its role in facilitating the evaluation of the
performance of Heads of Department. Evaluations for the 2003/4 financial year
were conducted. A total of 12 national and 28 provincial HoDs were evaluated.
Ratings awarded to HoDs for their performance suggest that there is a high
level of satisfaction with their abilities to provide effective leadership to
their respective departments. Of the national HoDs evaluated, 8 (67%) got a
rating of 5 (âoutstanding performanceâ) while 3 (25%) got a rating of 4
(âsignificantly above averageâ) and 1 got a rating of 3 (âfully
effectiveâ).
In terms of HoDs at provincial level, of those that were evaluated through
the framework adopted by Cabinet, five (28%) received a rating level of 5, nine
(50%) received a rating level of 4, and four (22%) received a rating level of
3. Overall, this information shows that the majority of the HoDs are seen to be
performing at a level significantly above average.
The current framework against which the performance of HoDs is evaluated has
been in use for about four years now. Experience gleaned from its application
has enabled us to refine it over the years in order to strengthen it as an
instrument of accountability and feedback. A key area of improvement that the
PSC has been focusing on recently is on providing feedback on the performance
of departments to Executing Authorities in addition to the advice generated on
the performance of their HoDs as individuals. Accordingly, the PSC has
developed a framework for collating and analysing information on departmental
performance. The framework which will run concurrently with HoD evaluations
will be piloted in 2006 with a view to roll it out thereafter. The information
collated on the performance of a department will be used to advise Executing
Authorities and by implication also HoDs on areas where departmental
performance should improve.
Colleagues, in December 2005 we witnessed the signing of a Public Service
Pledge by Directors-General. The Pledge is a mark of their commitment to lead
the campaign for integrity in the public service and in the provision of
service delivery to all our people. We therefore look forward to
Directors-General putting into practice this commitment and making sure that,
as the Pledge says, by leadership and example they indeed make individual and
team performance count when it matters.
Management and Service Delivery Improvement
This is arguably the most important theme in the public serviceâs programme
of transformation. We previously emphasised the need for a fundamental shift in
workplace culture in line with the spirit of Batho Pele.
Our studies show that in this area, the public service has made progress in
some areas but still faces challenges in others. Clearly, the efforts to
increase access and integration through such mechanisms as Multi-purpose
Community Centres and Community Development Workers are commendable. Similarly,
we have seen progress with the reach of important services such as social
grants. These developments may not be without challenges, but they at least
represent an important step in achieving the development objectives of
government.
The PSC takes the principle of development orientation to mean that public
administration must seek to address poverty and its causes. Preliminary
findings from our audit of Poverty Reduction Programme indicate that the public
service has embarked on quite a number of interventions to reduce poverty. This
is commendable given that poverty reduction is at the core of governmentâs
development agenda. In the new financial year, the PSC will embark on an
evaluation of some of these interventions to establish their level of
progress.
A Citizensâ Satisfaction Survey conducted by the PSC with selected
departments in the Economic and Infrastructure sector shows that the
satisfaction levels of citizens range between 62% and 81% - a positive
development indeed. Participants in the study rated the services as accessible
and the operating hours were in most cases seen to be convenient. However,
participants raised concerns about the number of staff available to attend to
them and the turn around times as well. These are important concerns that touch
on matters of responsiveness and would need serious attention.
The Promotion of Administrative Justice Act enforces the right to be treated
fairly in terms of the manner in which administrative decisions are made in the
public service. It seeks to protect the public from unlawful, unreasonable and
procedurally unfair administrative decisions. Studies by the PSC show that
adherence to the Act is still highly unsatisfactory. Low levels of adherence
are a cause for concern because it can be assumed that a department that
provides the reasons for its administrative actions and complies with the
provisions of the Act is more likely to conduct itself in a manner that is fair
and impartial.
Notwithstanding the PSCâs independence, we see ourselves having the
strategic obligation to advice on best practice emanating from our oversight
work. It is against this background that we also develop best practice guides
addressing specific elements of management and service delivery improvement. A
Social Development Procedure Manual was developed and published jointly with
the Department of Social Development. The manual was developed to provide
employees, involved in the administration of social grants, with a guide that
will, among others, speed up the grant-making process and make sure that the
process is uniform throughout the country.
During 2005, the PSC finalised a protocol that it will use to conduct
inspections of service delivery sites in the public service. Through the
inspections, PSC will have an opportunity to personally have first hand
experience of the level of service delivery. While the inspections are
envisaged to serve as an inspiration and motivation to officials, they will
also lead to follow up investigations being carried out on serious cases of
service delivery failure. We believe that the inspections will complement the
PSCâs broader oversight programme as well as reinforce efforts of monitoring
our system of public service delivery.
Public Participation
One of the cornerstones of our democratic dispensation is the promotion of
public participation in key processes of governance. For the public service
this is not optional, but rather a constitutional imperative. Giving citizens a
voice helps promote responsiveness to their needs. It also stems out of an
appreciation of the fact that citizensâ have experiences which they can offer
when solutions to the challenges they face are being explored. This is
particularly important given that before 1994 South Africa had a history of
undemocratic and unaccountable governance that ignored the rights and
aspirations of the majority of its people.
Governmentâs programme of Izimbizo has gained momentum over the years to
become a key feature in the efforts of promoting participatory governance. The
PSC conducted research to establish whether (a) a policy on public
participation is formally stated; (b) a system for soliciting public inputs on
key matters is in use and effectively implemented; and (c) all policy inputs
received from the public are acknowledged and formally considered. However this
research shows that departments need to do more to enhance citizen
participation in their programmes and policy-making processes. Very few
departments have clean, formal policies addressing public participation even in
those institutions that generally make efforts to involve stakeholders in their
policy formulating processes. Systems for managing public participation tend to
be informal and ad hoc, although genuine efforts appear to be made to
incorporate public inputs where these are sought.
In 2002, the PSC piloted the concept of Citizensâ Forums as a mechanism for
promoting public participation. The Forums involve public service institutions
working with citizens to propose practical measures to improve service
delivery. Essentially, through the Forums citizens are invited to participate
in assessing specific programmes of government and are then encouraged to
suggest practical improvements. Participants are thus directed away from just
being critical and to ensure that they identify practical recommendations for
dealing with the identified challenges. Following the pilot, the PSC has now
finalised a toolkit that can be used by departments, oversight bodies,
communities and other relevant stakeholders.
Monitoring and Evaluation
The importance of proper monitoring and evaluation in the public service
cannot be overemphasised. It is through monitoring and evaluation (M and E)
that the public service would have at its disposal reliable information to
properly account for performance and make informed decisions. Such information
is also useful for identifying lessons from experience and promoting
learning.
Many of us are aware of the current practice whereby governmentâs programme
of action is posted on the website. Such approach allows the public access to
information and is a noteworthy mechanism for accountability and
transparency.
The current initiative coordinated by the Office of the Presidency to put in
place a Government Wide Monitoring and Evaluation System is a crucial
development. However, since the system is not intended to centralise all
monitoring and evaluation activities by taking over the role of departments, it
is still important to ensure that M and E capacity at the level of individual
departments is strengthened.
For its part, the PSC continues to build on its Public Service M and E
system which has been in operation since 2000. The system serves as one of the
key sources of information for us and enables us to draw observations about the
state of the public service, some of which we are sharing with you here
today.
Our experience in this area points out that it is important to build M and E
capacity at institutional level and not assume that systems and frameworks
taken off the shelf will meet our needs. The PSC has in recent times played a
key role in M and E interactions in the African continent, and throughout the
continent the same observation has been made about the importance of M and E
capacity at institutional level. The public service would need to pay more
attention to this issue to so that it can reap the benefits of proper M and E
such as transparency, efficiency, effectiveness, accountability and
learning.
Conclusion
Colleagues, we have shared with you some of our observations regarding the
functioning of the public service. In about a monthâs time, we will be
releasing the fifth annual edition of the State of the Public Service (SOPS)
Report. As you are aware, the SOPS Report draws on the vast amount of work done
by the PSC as well as findings from a selection of other appropriate studies.
The Report will thus provide more detail on our oversight activities than we
have been able to cover in this briefing today. The key theme framing this
yearâs report will centre on the capacity of the public service.
The PSC has also accepted the opportunity to provide an input to the African
Peer Review Mechanism (APRM) in relation to questions raised in the four focal
areas identified in the APRM questionnaire and provided a submission in
December 2005 to the National Governing Council. The basis of the PSCâs input
to the APRM is the vast array of reports thus far produced by the PSC either of
own accord or upon request.
As we conclude, we wish to emphasise that the public service has, in our
view, continued to show remarkable improvements over time in terms of the
transformation trajectory it has embarked on.
Through its work as the custodian of good governance, the PSC seeks to help
focus endeavours to consolidate the achievements of the public service and to
strengthen it to reach higher levels of professionalism, effectiveness and
efficiency.
Thank you.
Issued by: Public Service Commission
8 February 2006
