Public Service Commission Amendment Bill; Traditional Leadership & Governance Framework Bill: adoption

Meeting report

The Chairperson welcomed all parties present to the meeting. He stated that there has been a concern around the non-attendance of public liaison officers at meetings. This must be taken up formally with the correct forum.

Consideration and Adoption of C-List on Traditional Leadership and Governance Framework Bill

Mr Rinaldi Bester, Chief Director of Policy and Legislation, Department of Cooperative Governance and Traditional Affairs, stated that this is a short C-List. In the previous meeting there were a lot of references to this bill being a 2017 bill. Since it is 2018, all the necessary technical amendments have changed to 2018. It is important since when this bill becomes law, the effective date of all the changes to time frames will be from the date of commencement of this amendment bill. It was discussed in the previous meeting that the proposed amendments in the B version which is before the House, makes provision for kingship and queenship councils that will establish in the case of any recognition of kingships or queenshisp after the commencement of the bill. All the kingships and queenships recognised by the President in 2010 are covered already in the bill. Because of the time that has been taken for the bill to go through the parliamentary processes, the Balobedu queenship will not be covered by the proposed amendments as it is in the B version. Therefore, an amendment was added to clause 1 part 2 which will cover the Balobedu queenship.     

Mr Bester read out the amendments to the Bill

Clause 1

1. On page 2 in line 16 to omit 2017 and to substitute 2018
2. On page 2, after line 17, to insert:

(c) A kinship or a queenship other than a kinship or queenship contemplated in paragraph (b) that has been recognized before the commencement of the Traditional Leadership and Governance Framework Amendment Act, 2018, must within two years of such commencement establish a kingship or queenship council

Clause 3

1. On page 3, in line 47, to omit “one year” to “two years”.
2. On page 3, in line 49, to omit “2017” and to substitute “2018”.
3. On page 3, in line 51, to omit “2017” and to substitute “2018”
4. On page3, in line 54, to omit “one year” and to substitute “two years”.
5. On page 3, in line 56, to omit “2017” and to substitute “2018”
6. On page 4, in line 28, to omit “2017” and to substitute “2018”

There was no objection to the amendments to the bill.

The Chairperson moved for the adoption of the bill.

Mr D Ximbi (ANC; Western Cape) proposed for the adoption of the bill. He mentioned that this bill has appeared before this Committee many times before.

Mr J Mthethwa (ANC; KwaZulu-Natal) seconded this.

The Chairperson stated that the Committee must take 28 August 2018 as a tentative date for final mandates.

Consideration and Adoption of C-List on Public Service Commission Amendment Bill

Ms Renisha Naidoo, Chief Director: Legal Services, Department of Public Service and Administration (DPSA), stated that at the last meeting there were three main issues that were left unresolved and sent back to the Department for reconsideration on how to factor them into the bill. The three issues have been focused on. There is also a response for each of those areas that were circulated on which the C-List is based. Firstly, the bill should consider some criteria which should be considered when the renewals are effected. The matter was referred to state law advisors and they suggested that:

One of the big issues considered by DPSA was the actual performance of commissioners during their terms of office. When DPSA reconsidered the redrafting of the bill, it relied on section 196 (10) of the Constitution which requires a fit and proper person to exist. Secondly, the measurement of performance was factored in.

Clause 1

1. On page 2, from line 16, to substitute the following subsection for subsection (7):

“(7) The renewal of term of a commissioner must be based on the commissioner

1. Remaining a fit and proper person as required by section 196 (10) of the Constitution; and
2. Having maintained a satisfactory level of performance in relation to his or her duties. 

The second issue that was left to DPSA to reconcile was the period for acting when a commissioner is appointed to act. There were concerns that this was too open-ended. Acting appointments could take two or three years and this should not happen. The proposal proposed in the C-List, is the one that was in the initial bill tabled to Parliament. In this initial bill the period stipulated was 30 days. DPSA proposed that this be re-inserted into the amendment if the Committee requires it. However, this is at the discretion of the Committee if it decides it’s a sufficient period. When the Department presented the bill in the National Assembly, it was assumed a 30-day period was appropriate.  

Clause 2

1. On page 2, in line 23, after “Commission” to insert “for a period not exceeding

The third issue which is not on the C-list, was the applicability of section 4(3) of the Public Service Commission Act. There was a question of whether this section applied to the renewal process. According to the opinion circulated to the Committee, it stated that this did apply. At the last meeting, DPSA thought it did, but confirmation was needed.

Discussion

Ms T Wana (ANC; Eastern Cape) wanted clarity on whether a public servant can have have business activity with the state even though they may be a director or deputy director in the public service?

Ms Naidoo stated that in 2016, the DPSA amended the Public service regulation which applies to employees within the public service. It does not relate to commissioners “per se’. However, it will relate to the Office of the Public Service Commission and their employees. This provision prohibits employees from doing business with the state. For example, if you are an employee of the public service you are prohibited from getting a tender from the government. 

The Chairperson asked if the C-List will be adopted as this creates ways for the final mandate.

Mr Mthetwa moved for the adoption.

This was seconded by Ms G Oliphant (ANC; Northern Cape).

The chairperson conveyed gratitude to the Department of Public Service. On 28 August 2018, the final mandates will be dealt with.   

Tabling of Negotiating Mandates on Khoi-San and Traditional Leadership Bill

The Chairperson stated that all provinces submitted their negotiating mandates with amendments sent to the Department of Cooperative Governance and Traditional Affairs so that it can prepare its responses by 28 August. The chairpersons were not invited today but the public liaison officers were meant to attend today. The chairpersons will only be invited on the next envisaged date which will be communicated. However, the Committee envisages to put out adverts for submissions on the Khoi-San and Traditional Leadership Bill this coming weekend. The advert will be communicated. There are options for public participation and public hearings; in this case it will be done through an advert.

The committee moved for the record that the note of this information has been taken. 

Mr Mthethwa moved for the record to take note of the information.

Ms Wana seconded this.  

The meeting is adjourned.