Delays in Communication in Public Administration Investigated: Public Protector Makes Recommendations

19 July 2002

The Public Protector, Adv Selby Baqwa SC, has released his report on an investigation into the causes of delays in communication in the public administration. This extensive investigation, which spanned a period of almost two years, was initiated after receiving a complaint from the Minister of Education, Prof K Asmal MP, and the experiences of the office of the Public Protector in this regard.

The investigation involved an evaluation of information received from Directors-General of all government departments and provincial administrations. Numerous reports on investigations into performance delivery in the public service by several institutions including the Public Service Commission and the Presidential Review Commission were also perused. In addition to studying the legislative framework pertaining to service delivery in the public service, the office of the Public Protector also considered international experience in improving service delivery in the public administration.

Key findings made by Adv Baqwa include the following:

• Although legislation and policies prescribing and regulating proper service delivery are adequate and practical, constant control over and adherence thereto are necessary to address and prevent shortcomings.
• Service delivery in the public administration is not at an acceptable level. Whilst there has been commendable activity in the delivery of essential commodities such as water, electricity and housing, there is still generally speaking, a considerable d for improvement in this regard.
• The lack of proper communication is a key issue affecting service delivery. Here, an urgent upgrade of efficiency levels within registries in all departments should be implemented.
• The lack of skills and appropriate experience of many employees contributes substantially to the situation;
• Although Directors-General appear to be willing and committed to encourage and motivate their departments, the implementation of the mechanisms provided for by legislation to ensure proper service delivery, appears to be lacking;
• The primary responsibility for ensuring proper and efficient administration rests with the Heads of departments and administrations and the Ministers or MEC's to whom this responsibility has been assigned;
• The ultimate responsibility for effective and efficient service delivery is that of Parliament and the Provincial Legislatures.

Adv Baqwa has recommended that Directors-General and other Heads of departments and government agencies take urgent steps to ensure implementation of a number of measures, such as effective utilization of available technology and adherence to the principles of Batho Pele. He also recommended that departments develop and publish their service standards, including those for responding to correspondence. "This will enable the public to hold departments to these standards, using them as a yardstick to measure performance. At the same time civil servants will be enabled to fully understand what level of performance is expected of them," he said.

Also included in these measures is the recommendation that a proper system of performance management should not only have defined standards of performance, but also address capacity building and training needs at management level. Management should also be trained in leadership. Public servants should be trained to be aware of their responsibilities and senior staff and supervisors should be seen to lead by example.

He further recommended that Ministers, MEC's and Directors-General at national and provincial level, take urgent steps, amongst others, to determine whether shortcomings in their respective departments have been rectified and to introduce measures to address the cause of the problem and to prevent a recurrence. These steps should also ensure proper compliance by employees with the provisions of the Code of Conduct for Public Servants and the implementation of disciplinary measures where this does not occur.

Another recommendation was that the Public Service Commission should report on its findings with reference to specific departments and administrations, to Parliament on a regular basis. "Portfolio Committees of the National Assembly and Provincial Legislatures should require political and administrative heads of departments and administrations to report to them, on at least an annual basis, on the progress that has been made in improving the standards of service delivery and implementing the Batho Pele policy," said Adv Baqwa. He added that heads of departments and administrations should be summoned by the Committees to appear before them and to account, whenever it appeared from reports by the Public Service Commission or otherwise, that a department or administration was delaying and/or failing in its obligation to provide proper service delivery.

"Only if we put our collective shoulder to the wheel, shall we be able to ensure that those who are dependent on public structures for a better quality of life in fact receive what they are entitled to in our free and democratic society," concluded Adv Baqwa.

Enquiries: Nicolette Teichmann Tel: (012) 322 1190 Cell: 082 333 5624