Issued by: The Public Service and Administration 1 AUGUST 1995 Already during the negotiation of the interim Constitution the importance and value of a stable Public Service was realised. This resulted in specific provision being made in the Constitution prescribing the nature and objectives of a future rationalised Public Service ls with issues such as faitness and non-partisanism in the staffing of the Public Service, as well as the issue of promoting representivity. At the same time certain protective measures were included in relation to, for instance, the pension benefits and salaries of serving public servants.
Faced with the reality that eleven of former public services would have to be rationalised into an effective administration deployed at national and provincial levels and that serving officials could be affected by this, provision was further made at that stage for the labour appeal court sitting as a special tribunal to determine any claim or dispute arising out of the rationalisation process. After the elections, the Government of National Unity in word and deed abided by the principle of codetermination, and measures relating to the rationalisation of the Public Service were consulted on with various interest parties and specifically with the employee organisations admitted to the Central Chamber of the Public Service Bargaining Council.
In this respect, for instance, agreement was reached in the Chamber with regard to the approach to be followed in the rationalisation of the various conditions of service which were applicable in the different former administrations. The issue of the approach to be followed in the staffing of the rationalised structures of the Public Service and the policy framework to give effect to a more representative Public Service, were similarly consulted in the Chamber and consensus was reached. It should be clear from this that the Government places a very high premium on stability in the Public Service and that it will not deal with the rationalisation of the Public service unilaterally or in a reckless manner.
At this point in time it seems as if the measures relating to the staffing of the rationalised structures in the Public Service and the manner in which this might affect serving officials may still not be fully understood in certain quarters, or else are deliberately being misinterpreted to create unnecessary confusion, tension and uncertainty within the system. I would therefore like to give a broad overview of the total rationalisation process and at the same time specifically highlight the more important issues relating to the staffing of these rationalised structures.
In order to create the new Public Service it was necessary to first establish the basic legal framework. With this in mind the following acts were already proclaimed as early as June 1994:
As far as the organisational restructuring of the Public Service is concerned the administration of the Public Service had to be restructured by amalgamating the former public services of the RSA, TBVC states and the self-governing territories into one Public Service, comprising national departments and provincial administrations. This certainly represents the most extensive and arduous organisational restructuring process in the history of the country. With effect from 1 July 1994, most of the functions and organisational components of the former RSA national departments and provincial administrations and of the former self-governing territories and TBVC states were transferred to the new national departments and provincial administrations. The identification of further functions and their transfer between national and provincial levels of government have for the greater part been completed. With regard to the assignment of powers to administer existing laws, the bulk of such powers has already been assigned by means of 59 proclamations issued by the President. I am presently finalising this matter in close co-operation with my colleagues.
As far as the rationalisation of conditions of service is concerned, uniform salaries, salary scales, allowances and related measures were effected for the whole of the new, unified Public Service in terms of section 236(4) of the Constitution, as specifically provided for in section 4 of the Public Service Act, 1994. Salary scales and allowances, which were lower than those generally prevailing, were brought on par with those generally prevailing. Pensionable sales, which were higher than those generally prevailing, were protected in terms of the Constitution, as specifically provided for in section 4 of the Public Service Act, 1994. Salary scales and allowances, which were lower than those generally prevailing, were brought on par with those generally prevailing. Pensionable salary scales and salary notches, which were higher than those generally prevailing, were protected in terms of the Constitution. Allowances, which were more favourable than those generally prevailing, were phased out completely by 31 March 1995. All other service benefits were rationalised with effect from 10 June 1994.
The measures for the staffing of the rationalised structures of the Public Service were developed with due regard to the interests of both the employees and the State as employer. In this regard Government requires from departments/administrations to adhere to the following principles:
In adherence to the above-mentioned principles and after consultation with the employee organisations represented in the Central Chamber of the Publice Service Bargaining Council, the following actions to be followed as a national norm and standard in the staffing of the restructured structures of the Public SErvice, were introduced:
In order to ensure that the above process is completed within a reasonable time and to allow those who might possibly be affected negatively to approach the Special Tribunal provided for in section 237(4)(a) of the Constitution, it was originally expected of departments/adminsitrations to finalise the staffing of the restructured organisations by 30 April 1995. Due to the magnitude and complicated nature of the process, it became evident that departments or administrations will not be able to finalise the process timeously. The finalisation date was therefore extended to 31 October 1995. As a consequence hereof and to ensure absolute fairness towards those affected by the rationalisation process, the Government at the same time amended the Constitution whereby the lifespan of the said Special Tribunal was extended until 27 April 1996.
I must stress the point that the said actions and measures were developed to ensure that the employers' as well as all employees' interests are safeguarded and that the specific circumstances of serving individuals be taken into account as far as possible.
The Government is also very serious that unless specific circumstances should dictate otherwise, that the rationalisation process should be concluded by 31 October 1995 in order to put an end to the possible uncertainty which might still exist.
It must also be noted that, in accordance with a standing directive, all vacancies in the classified management echelon of the Public Service must as a rule be advertised within the Public Service as well as in the media. This directive was in effect relaxed in the measures provided for the staffing of the rationalised structures in order to absorb suitable serving officials without prior advertisement. For example, in respect of two departments at national level of government, 42 serving officials in the management echelon have been suitably absorbed without the relevant posts having been advertised. Since the inauguration of the Government of National Unity, 413 posts in the management echelon of departments at national level have been advertised. The filling of 177 posts have since been finalised. In 87 instances the transfer or promotion of serving officials were effected, which gives a clear indication that even though it might be decided to advertise a post, this does not mean that senior officials will be seriously considered for such positions. In many instances it is inevitable that posts be advertised to afford officials from the former administrations who might have occupied similar posts which have since been abolished, the opportunity to apply and be considered for the new post.
To further illustrate Government's commitment to accommodate the reasonable career expectations of serving officials, I want to refer you to the initiative whereby + - 11 000 posts were advertised with the intention of promoting representivity in the Public Service. It has been reported to me that of the 1 721 posts that have been filled up to 31 May 1995, 756 serving officials have been transferred or promoted to these posts.
I would like to use this opportunity to reiterate my earlier statements in my budget speech in the Senate on 9 May 1995, that the Government of National Unity has great appreciation for the thousands of public servants who in the first year of democratic rule have done their level best and even more than that to support the Government in the performance of its administrative functions. The Government depends on the loyalty of its officials in the execution of its policies, but will reciprocate by looking after their interests at all times. I thank you.