Date: 10/11/2006
Source: Ministry for Public Service and Administration
Title: Fraser-Moleketi: Public Service Amendment Bill
The Minister of Public Service and Administration, G J Fraser-Moleketi, input at the first reading debate of the Public Service Amendment Bill, National Assembly
Madam Speaker
This Bill provides an opportunity for Parliament to strengthen the organisational and human resource matters in the Public Service. Honourable members will be aware that we have drafted more far-reaching legislation to create a Single Public Service of all three spheres of government, which will be tabled in Parliament towards the end of next year. However, for various reasons it is necessary to step in with some urgency to strengthen the Public Service Act while we undertake the necessary consultation processes on the more far-reaching Bill.
The changes required are based on 12 years experience which has shown us that the arrangement of some organisational and human resource matters in the current Public Service Act directly or indirectly impedes the delivery of services to citizens by national and provincial departments. These matters include the following:
* inadequate provision for the deployment of staff where they are most needed
* some government functions are provided through national or provincial departments and not close to the point of service delivery and without direct accountability and decision-making by the functionaries tasked with such delivery. On the other hand some government functions are provided via entities outside the public service without direct control and influence by its political head
* the Public Service Act and its prescripts are frequently not complied with, which results in weak organisational and human resource practices as well as legal disputes
* employees dismissed from departments for any kind of misconduct, including misconduct involving corrupt acts, are often re-appointed soon after dismissal. Employees suspected of transgressions sometimes resign and are appointed in other departments without disciplinary steps being instituted or continued for those transgressions
* some provisions in the Act have resulted in legal disputes, while others are obsolete, overly complex or conflict with other legislation.
The primary aim of the Bill is therefore to improve the organisational and human resource framework for the public service to address the mentioned obstacles to service delivery. For this purpose, the key objectives of the Bill are to:
* improve staff mobility arrangements for the public service through allowing for deploying staff where they are most needed, but with due consideration of the circumstances of affected employees
* introduce government agencies as a new institutional form to be accommodated within the public service to enable direct service delivery through a focussed, ring-fenced separate entity under the direct control of a Minister, Premier or MEC
* enhance compliance with the Act through investigations and compulsory discipline of transgressors and reporting thereon
* enable the institution of disciplinary steps against employees for alleged transgressions at their former departments
* introduce anti-corruption measures to prohibit the re-employment of persons in the public service dismissed for specified kinds of misconduct such as misconduct involving corrupt acts. It is proposed that the prohibition on re-employment be for a stipulated period, and to allow that different periods may be determined for different kinds of misconduct
* address a number of legal difficulties arising from the day-to-day application of the Act as well as arbitrations and court cases
* simplify the Act through streamlining several provisions, removing obsolete provisions and aligning the Act with other legislation in order to facilitate its application.
Better staff mobility is proposed by clarifying the transfer and secondment provisions. Transfers and secondments can take place with the affected employees' consent. Provision is also made for transfers and secondments in the absence of such consent. This however requires prior consultation with affected employees and its aim must be to enhance service delivery or be otherwise in the public interest. The continued employment of transferred employees, viz. no break in service, for purposes of pension and other benefits is also included in the Bill.
A government agency as a new organisational form is proposed to function as a separate institution in the public service with its head as the accounting officer in terms of the Public Finance Management Act. This model is based on the public entity proposals by the National Treasury and the Department of Public Service and Administration. This government agency model could be introduced separately from other proposals regarding public entities. The agency 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, for example a large public hospital. Such an agency 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 an agency, with accompanying shifting of accountability, is proposed to be subject to Parliament's approval.
To improve compliance with the provisions of the Act, the Minister is enabled to conduct investigations and, if an investigation confirms non-compliance, the Minister can take remedial steps, including binding decisions.
Provision is made in the Bill for enhancing greater alignment and co-ordination, only where desirable, between the conditions of service of the general public service falling under the Public Service Act, and certain sectors which although part of the public service have their own employment legislation.
To assist with the enforcement of the provisions of the Public Service Act, executive authorities are compelled to take disciplinary steps against transgressing heads of department, and heads of department to take such steps against transgressing employees. They are also required to report transgressions to the Minister for the Public Service and Administration and the Director-General of the Department of Public Service and Administration, respectively. The Minister for the Public Service and Administration may also report transgressing national executive authorities to the 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.
The Bill also aims to remove current legal difficulties with the Head of Department (HoD) being vested by the Public Service Act with the power to dismiss an employee on the ground of misconduct, while the chairperson of the disciplinary hearing pronounces the sanction in terms of the relevant collective agreement for non-Senior Management Service (SMS) employees and the relevant ministerial determination for SMS members. It is proposed that all sanctions pronounced by the chair must, subject to exhaustion of any available internal appeal processes, be implemented by the head of department.
The abscondment provision for employees was revised to shorten the period of absence to ten days since the current calendar month is unduly long, especially if compared to employment practices in other public institutions as well as the private sector.
Employees' candidature for election to the National Assembly or provincial legislature or municipal council and their appointment as permanent delegates to the National Council of Provinces (NCOP) are proposed to be regulated in accordance with the Constitution.
A comprehensive delegation provision enabling the Minister, an Executive Authority and a Head of Department, to delegate their powers or duties in terms of the Public Service Act.
If the Bill is passed by Parliament and signed into law by the President, it would together with the required new regulations, improve the efficiency of the organisational and human resource framework for national and provincial departments by introducing a new service delivery model and enforcement mechanisms, as well as simplifying and clarifying the Public Service Act. These measures are designed to enhance governance, accountability and compliance which in turn would lead to improved service delivery to the people of South Africa.
Thank you.
Issued by: Ministry for Public Service and Administration
10 November 2006
Source: Ministry for Public Service and Administration
Title: Fraser-Moleketi: Public Service Amendment Bill
The Minister of Public Service and Administration, G J Fraser-Moleketi, input at the first reading debate of the Public Service Amendment Bill, National Assembly
Madam Speaker
This Bill provides an opportunity for Parliament to strengthen the organisational and human resource matters in the Public Service. Honourable members will be aware that we have drafted more far-reaching legislation to create a Single Public Service of all three spheres of government, which will be tabled in Parliament towards the end of next year. However, for various reasons it is necessary to step in with some urgency to strengthen the Public Service Act while we undertake the necessary consultation processes on the more far-reaching Bill.
The changes required are based on 12 years experience which has shown us that the arrangement of some organisational and human resource matters in the current Public Service Act directly or indirectly impedes the delivery of services to citizens by national and provincial departments. These matters include the following:
* inadequate provision for the deployment of staff where they are most needed
* some government functions are provided through national or provincial departments and not close to the point of service delivery and without direct accountability and decision-making by the functionaries tasked with such delivery. On the other hand some government functions are provided via entities outside the public service without direct control and influence by its political head
* the Public Service Act and its prescripts are frequently not complied with, which results in weak organisational and human resource practices as well as legal disputes
* employees dismissed from departments for any kind of misconduct, including misconduct involving corrupt acts, are often re-appointed soon after dismissal. Employees suspected of transgressions sometimes resign and are appointed in other departments without disciplinary steps being instituted or continued for those transgressions
* some provisions in the Act have resulted in legal disputes, while others are obsolete, overly complex or conflict with other legislation.
The primary aim of the Bill is therefore to improve the organisational and human resource framework for the public service to address the mentioned obstacles to service delivery. For this purpose, the key objectives of the Bill are to:
* improve staff mobility arrangements for the public service through allowing for deploying staff where they are most needed, but with due consideration of the circumstances of affected employees
* introduce government agencies as a new institutional form to be accommodated within the public service to enable direct service delivery through a focussed, ring-fenced separate entity under the direct control of a Minister, Premier or MEC
* enhance compliance with the Act through investigations and compulsory discipline of transgressors and reporting thereon
* enable the institution of disciplinary steps against employees for alleged transgressions at their former departments
* introduce anti-corruption measures to prohibit the re-employment of persons in the public service dismissed for specified kinds of misconduct such as misconduct involving corrupt acts. It is proposed that the prohibition on re-employment be for a stipulated period, and to allow that different periods may be determined for different kinds of misconduct
* address a number of legal difficulties arising from the day-to-day application of the Act as well as arbitrations and court cases
* simplify the Act through streamlining several provisions, removing obsolete provisions and aligning the Act with other legislation in order to facilitate its application.
Better staff mobility is proposed by clarifying the transfer and secondment provisions. Transfers and secondments can take place with the affected employees' consent. Provision is also made for transfers and secondments in the absence of such consent. This however requires prior consultation with affected employees and its aim must be to enhance service delivery or be otherwise in the public interest. The continued employment of transferred employees, viz. no break in service, for purposes of pension and other benefits is also included in the Bill.
A government agency as a new organisational form is proposed to function as a separate institution in the public service with its head as the accounting officer in terms of the Public Finance Management Act. This model is based on the public entity proposals by the National Treasury and the Department of Public Service and Administration. This government agency model could be introduced separately from other proposals regarding public entities. The agency 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, for example a large public hospital. Such an agency 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 an agency, with accompanying shifting of accountability, is proposed to be subject to Parliament's approval.
To improve compliance with the provisions of the Act, the Minister is enabled to conduct investigations and, if an investigation confirms non-compliance, the Minister can take remedial steps, including binding decisions.
Provision is made in the Bill for enhancing greater alignment and co-ordination, only where desirable, between the conditions of service of the general public service falling under the Public Service Act, and certain sectors which although part of the public service have their own employment legislation.
To assist with the enforcement of the provisions of the Public Service Act, executive authorities are compelled to take disciplinary steps against transgressing heads of department, and heads of department to take such steps against transgressing employees. They are also required to report transgressions to the Minister for the Public Service and Administration and the Director-General of the Department of Public Service and Administration, respectively. The Minister for the Public Service and Administration may also report transgressing national executive authorities to the 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.
The Bill also aims to remove current legal difficulties with the Head of Department (HoD) being vested by the Public Service Act with the power to dismiss an employee on the ground of misconduct, while the chairperson of the disciplinary hearing pronounces the sanction in terms of the relevant collective agreement for non-Senior Management Service (SMS) employees and the relevant ministerial determination for SMS members. It is proposed that all sanctions pronounced by the chair must, subject to exhaustion of any available internal appeal processes, be implemented by the head of department.
The abscondment provision for employees was revised to shorten the period of absence to ten days since the current calendar month is unduly long, especially if compared to employment practices in other public institutions as well as the private sector.
Employees' candidature for election to the National Assembly or provincial legislature or municipal council and their appointment as permanent delegates to the National Council of Provinces (NCOP) are proposed to be regulated in accordance with the Constitution.
A comprehensive delegation provision enabling the Minister, an Executive Authority and a Head of Department, to delegate their powers or duties in terms of the Public Service Act.
If the Bill is passed by Parliament and signed into law by the President, it would together with the required new regulations, improve the efficiency of the organisational and human resource framework for national and provincial departments by introducing a new service delivery model and enforcement mechanisms, as well as simplifying and clarifying the Public Service Act. These measures are designed to enhance governance, accountability and compliance which in turn would lead to improved service delivery to the people of South Africa.
Thank you.
Issued by: Ministry for Public Service and Administration
10 November 2006
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