Framework Towards Professionalisation of the Public Sector: NSG, PSC & DPSA briefing

Public Service and Administration

17 May 2023
Chairperson: Ms T Mgweba (ANC)
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Meeting Summary

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In a virtual meeting, the Portfolio Committee was briefed by the Department of Public Service and Administration on the proposed legislative amendments to give effect to the framework towards the professionalisation of public service. The Department indicated that the proposed Public Service Amendment Bill provides for certain administrative powers to be vested with heads of department while strategic powers are required to reside with executive authorities. It also provides that the Director-General in the Presidency will be the Head of the Public Administration. The latter raised some concerns among Members as the specified role was considered compromising, considering the responsibilities attached to it.

The second Bill considered, the Public Administration Management Amendment Bill, was said to provide for the transfer of employees between the public service and municipalities and between municipalities with consent to ensure the mobility of employees across the spheres of government where human resource deficiencies exist or where operational requirements necessitate. To ensure that employees are safeguarded, it was clarified by the Department that the amendment suggests that no employee upon transfer would suffer any salary reduction., which implies that there will be a retention of current salaries and pensions. To further protect transferred employees, the Act proposes that any transfer of an employee from the public service to a local government or within municipalities will require the consent of the employees to ensure that there is no prejudice.

The National School of Government provided a briefing on the national framework towards the professionalisation of the public sector. The presented Public Service Commission Bill focused on the primary objectives, which are to facilitate the establishment of the PSC as a Secretariat to replace the Office of the Public Service Commission, and ensure that the PSC executes its mandate fully as an independent and impartial constitutional entity. Members then advised that the entity should consider the Public Finance Management Act, where schedules list independent constitutional institutions excluding the Public Service Commission, which was said to be problematic.  

Meeting report

The Chairperson welcomed everyone to the meeting.

The Committee Secretary tendered an apology on behalf of the intended Chairperson of the Committee, Mr T James (ANC).

Briefing By the Department of Public Service and Administration on the proposed legislative amendments to give effect to the framework towards professionalisation of the public service

Ms Renisha Naidoo, Chief Director: Legal Services, Department of Public Service and Administration (DPSA), conducted the presentation. She said the DPSA has prioritised the following legislative reforms for the 2023/2024 FY:

  • The Public Service Amendment Bill and the Public Administration Management Amendment Bill were submitted to Parliament on 31 March 2023 and it is envisaged to be processed through Parliament by 31 March 2024
  • The Public Service Regulations, 2016- Target Date 1 October 2023
  • All Determinations and Directives issued in terms of the Public Service Act are being reviewed - Target 31 March 2024.

The Public Service Amendment Bill provides for certain administrative powers to be vested with heads of department while strategic powers must reside with executive authorities. It also provides that the Director-General in the Presidency will be the Head of the Public Administration to provide coordination between the spheres of government and support the President and a prohibition for a head of department and employees directly reporting to the head of the department from holding an office of authority in a political party.

The Public Administration Management Amendment Bill provides for the transfer of employees between the public service and municipalities and between municipalities with consent to ensure the mobility of employees across the spheres of government where human resource deficiencies exist or where operational requirements necessitate. It seeks to clarify the prohibition of doing business with the state and augment the powers of the National School of Government (NSG) to be a training facility that caters for the education and training of employees which is tailored to creating a cadre of professional public servants thereby ensuring a capable public administration. Also, it provides clarity on the imposition of a 12-month ‘cooling off’ period for employees involved in the procurement of services of service providers. 

The review will include the following:

  • Review of the minimum entry requirements for the SMS.
  • The Competency Assessment Tools for Managers.
  • The Training and Development Determinations and Directives dealing with Graduate/ Internship programmes, orientation and induction programmes and the Revolving Door Policy.
  • The Special Adviser Dispensation.
  • Discipline Management processes.
  • PMDS processes.
  • Ensuring merit-based recruitment practices that are inclusive and transparent.

 

[See the presentation for further details]

Briefing by the National School of Government on the implementation strategy for the framework towards professionalisation of the public sector

Mr Busani Ngcaweni, Principal, NSG, Ms Dinkie Dube, Director General, Public Service Commission, and Dr Botshabelo Maja, Deputy Director-General, NSG, gave an overview of the presentation which focused on the following:

  • Entrench a dynamic system of professionalisation in the Public Sector
  • Strengthen and enable legal and policy instruments to professionalise categories of occupations in the Public Sector
  • Enhance and build partnerships and relationships with higher education institutions and professional bodies
  • Ensure meritocracy in public servants' recruitment, selection, and career management in line with the National Development Plan (NDP) and the Medium Term Strategic Framework (MTSF)
  • Initiate consequence management for material irregularities through the transgression mechanisms and various pieces of legislation

The primary objectives of the Public Service Commission (PSC) Bill are to facilitate the establishment of the PSC as a Secretariat to replace the Office of the Public Service Commission (OPSC), and ensure that the PSC executes its mandate fully as an independent and impartial constitutional entity. To convert the OPSC from a government department in terms of the Public Service Act of 1994, onto a function shift to the PSC as a Secretariat established in terms of the Public Service Commission Act and reinforce the PSC mandate in terms of local government and public entities in line with section 196(2) of the Constitution.

The NSG has performed advocacy and support to other departments such as the legislatures, Higher Education Institutions Quality Councils and South African Qualifications Authority (SAQA), premier offices, State-Owned Enterprises (SOEs) through the Department of Public Enterprises (DPE) and shareholder departments and much more.

Skill audit project is an initiative created by the NSG which spells out a project plan and timelines finalised for a phased implementation approach – responding to all five pillars of the framework and helping with the engagements with the Directors-General of the departments to share the skills audit methodology, project plan, timeframes.

The South African Local Government Association (SALGA) adopted the framework after several engagements with the NSG. The NSG and Human Sciences Research Council (HSRC) - Skills Audit project plan is finalised and implementation is in progress. NSG will provide continued support to SALGA in the development and implementation of its plan for professionalising the local government; DPE and other shareholder departments to adopt and implement the framework for SOEs; and the National Treasury in the professionalisation of Supply Chain Management (SCM) and Finance occupation.

[See the presentation for further details]

Discussion

Ms M Kibi (ANC) thanked the DPSA and NSG for a well-detailed presentation and asked the DPSA about the provisions of the legislation that would enable the management to offer remuneration on transfers of public servants to different spheres of government, given the need for the creation of a single public service. She inquired about the impacts the legislative review would have on public servants that are conducting business with the state.

She asked how the regulations sought to address the following; the analysis of minimum entry requirements for the Senior Management Service (SMS), the competency assessment tools for managers, the training and development determinations and directives dealing with graduate internship programmes, orientation and induction programmes and revolving door policy, the special adviser dispensation, discipline management processes, and Performance Management and Development in the Public Service (PMDS) processes to ensure that merit-based recruitment practices are inclusive and transparent. She also interrogated the effects of the identified weaknesses and how they would be resolved.

Dr J Nothnagel (ANC) inquired about the progress of discipline management intention as it was planned for implementation in the current financial year. She asked about the weaknesses in the PMDS systems and how the review would strengthen these.

She asked if the NSG and PAC shared similar views on the low SMS requirements and if the interventions would apply to low standards. She further inquired whether the amendments would include clauses that enable the reversal of inappropriate or unsuitable appointments that do not meet requirements promptly.

Ms C Motsepe (EFF) welcomed the presentation and addressed the DPSA, sharing her concern over the position of the DG presidency and the potential for the role to be a compromising one, considering the responsibilities attached to it. She asked about the measures that will be implemented to protect employees from abuse of being transferred between the public service and municipalities.

Mr J McGluwa (DA) commented on how much emphasis has been laid on the Bill in Parliament. He added that the urgency of this Bill was important and needed to be emphasised to avoid a longer duration of implementation.

Ms M Ntuli (ANC) inquired from the NSG on their engagement with higher education on curriculum transformation of higher education contents on public service matters. She asked what the resource implications of the amendment of the PSC Bill were, and what capacity would be required for the effective implementation of the legislative amendment.

Mr Z Mbhele (DA) requested clarity from the DPSA on the rationale and factors behind a 12-month cooling-off period, as opposed to 18 or 36 months for the eligibility of employees to bid for public sector tenders. He explained that many departments or government tenders have a 12-month duration that needs to be renewed annually. This did not serve as a sufficient firewall between a public servant potentially exiting public service to become eligible to bid for tenders. He asked why the cooling-off period was not lengthened since the intention was to minimise the risk factor.

Ms S Maneli (ANC) appreciated the presentation and stated that the skills audit process, which was triggered by the pronouncement of the President in the SONA debate, had an infrastructure focus which was committed to be completed within nine months. She asked what would be the focus of the Department of Home Affairs in employment and labour, the scope of the space audit project and the proposed timelines. She also inquired whether the amendment would include clauses that enable the reversal of inappropriate or unsuitable appointments that do not meet requirements promptly.

Dr L Schreiber (DA), referring to the PSC Bill amendment, stated that when looking into the aspect of making the Secretariate function independently, there is another element of independence which goes beyond the management and human resource element and that is the financial aspect. He said that he would like for the Department and the Public Service Commission to also look at the Public Finance Management Act, where there are schedules which list independent constitutional institutions excluding the Public Service Commission, and this he mentioned, was a serious problem regarding the independence of the operation of the institution. He said that he would like the Bill to consider adding the PSC to the list of independent constitutional institutions and ensuring it has full autonomy over the financial aspect.

He highlighted the point that addressed the prohibition placed on office holders in political parties to serve in senior positions in the public service. He said that he wanted to make the Committee and Department aware of the process that played out in the Cooperative Governance and Traditional Affairs (CoGTA) Committee where initial amendments were made or proposed to the Municipal Systems Act which would have also prohibited senior political officers from holding office. This was subsequently changed on the advice of legal experts to cover all employees in the municipal sphere because there was a question about discrimination or limiting the focus only to the senior positions. He requested that the Department look into extending this and consider the Municipal Systems Act to avoid the same process.

The Chairperson requested the submission of the finalised version of the skills audit plan.

Responses

Mr Ngcaweni, in his response on the scope, the framework and several instruments that had been stated, mentioned that the NSG is utilising a developmental approach to the interventions done in a Ministry for Public Service and Administration (MPSA) portfolio and that these are not punitive. He said that the scope of the skills audit looks into the mandate analysis of the Department and human resources. He indicated that in some instances, just as could be seen in the NSG, the emphasis was more on programmes on economic governance and in the absence of a senior economist at the NSG, this deficit is managed through partnerships with higher educational institutions. That is, in some departmental analyses, the gap identified is filled through a recommendation based on the allocated budget, to fill vacancies and enact training, resulting in a reorientation of resources. However, in future, departments may spend additional costs on training. He stated that the first phase of this developmental approach would be at the advanced stage by the end of the calendar year as the President had taken a keen interest in the matter. He said a progress report would be provided to the Committee and the President.

He highlighted that there were several levels within the engagement of higher educational institutions and an ongoing partnership with five universities with a practical system of engaging them. Also, through organisations such as the South African Association of Public Administration and Management (SAAPAM) which consists of academics and practitioners, there are adequate resources for the discussion of professionalisation and integrating public service principles in higher education. There are also strategies in place to engage with schools of government from various universities to reform curriculum to produce a cadre of diligent, ethical, and efficient public servants.

On the pre-entry assessment, Mr Ngcaweni commented that the NSG had performed the Nyukela programme for three years and the compliance is almost at 100 per cent. It has become a pre-entry assessment for the appointment of senior managers.

Prof Somadoda Fikeni, Commissioner, Public Service Commission, appreciated the Committee for their assistance and the advocation of the passing of the PSC Bill. He said that the entity had been assured that after the Cabinet committee approves the Bill, it would then go to the full Cabinet in the following week and would be out for public comment for a period of 30 days. He added that the entity was hopeful that in working together with the Committee and having engaged with the Speaker, the Bill would be made a priority before the sixth administration period was over.

On the repositioning of preparation, he mentioned that the Commission was in works with Treasury to ensure that the necessary adjustments were made with the available resources to deal with the added responsibilities from the local governments. He added that the Commission is in close collaboration with the NSG on the issue of implementation.

He highlighted that as part of the forum of institutions supporting democracy, the Commission has been propagating the professionalisation, and entities needed to be complementary to ensure that the work is executed to develop a capable and meritocratic ethical public service.

He mentioned that the success towards the ecosystem of the process largely depended on the support demonstrated because the process of the PSC Bill started before 2018 and it had suffered many frustrations along the way, which is why the PSC wants to ensure that what the constitution frame was intended to see is realised.

Ms Dube, in her response to discipline management, confirmed that the NSG played a continuous oversight role through a programme leadership management practice to address issues about the delays in finalising disciplinary cases. In the previous financial year, she stated there was a round table where findings and recommendations pointed to a system-strengthening strategy. One area that was improved upon was the prolonged suspension period on disciplinary matters.

She said that the scheduling of PSC on PFMA schedule one is one of the objectives of the PSC Bill which seeks to ensure ultimately that the NSG is listed as a schedule one entity of the PMFA. She explained that through financial analysis of the financial disclosure process, the NSG is able to identify officials who conduct business with the state and that the entity works closely with the Auditor General to share and access the database concerning this.

Ms Yoliswa Makhasi, Director-General, DPSA, commented that the Department seeks to address problem areas and review regulations. She further explained that the review regulations were in two areas and these, together with directives, had been issued in the performed professionalisation. She added that with the approved framework, the Department would be mandated to update directives.

Regarding reducing the red tape in the public sector, she mentioned that the Department is dealing with the matter by reviewing regulations and directives. For example, there is currently a consolidation of reports submitted by departments within the DPSA, where resources for the mentioned directives will be embraced. There are also innovations surrounding remote working and the Department has realised the cogent need to introduce flexibility in the workplace.

On the progress of the discipline management strategy, she confirmed that there was ongoing work on the draft discipline management that had been submitted, and that the Department emphasised SMS and that some policy changes had also been introduced. She stated that the focus on the SMS, in the current financial year, was because it had not been included in the bargaining council processes and, therefore, the changes would be quicker to introduce and implement due to the shortened consultation process with the council.

She said that the DPSA planned to commence the review of the disciplinary code on public service, in the current year. She mentioned that one of the things being considered is the long-drawn suspension and an independent panel had already been established between May and June to review and provide recommendations to the accounting officers on how to manage these cases. She added that the Department tries its best to convince departments to complete investigations.

Ms Makhasi commented that policy matters need to be updated and challenges about roles and responsibilities need to be clarified due to the demands of the technical process. She said that general concern about the entire system of performance management and managers was evident because implementations were not followed according to the rules of the system. She further explained that oversight at the departmental level and the support of HR to supervise the PMDS was important and that the Department was conducting research around PMDS for lower levels. The research for DGs and HODs has been completed and currently undergoing cabinet proceedings.

She stated that research on the SMS was still in process and one of the outcomes is to have a two-track system of recruitment or requirements, and a different mechanism has been created for SMS members who are specialists or possess administration functions. She added that the argument is that an SMS member may not qualify to take on some roles and to resolve this, the DPSA employs a qualified person from the private sector on a long or short-term basis.

She clarified that the dual role of a DG in the Presidency did not pose any compromising risk, as the President is responsible for the discipline management of the DGs and therefore, the DG in the Presidency is not overburdening. She added that the role did not incur additional costs.

On curriculum transformation and engagement with institutions, Ms Makhasi said that the DPSA has agreed with the SAAPAM and has held a workshop with the heads of public administration with institutions intending to influence the agenda/curriculum of institutions to equip students with ethical values.

She mentioned that there is an investment in developing skills audit methodology for the public service which has been approved and issued to all departments. The DPSA is also engaged with training government department workers to look at how development can be administered internally. She said that the NSG indicated that it had developed capabilities to support the Department in ensuring that the skills audit project is completed. The President has also supplied the finances as part of the ministerial priorities to ensure that all government departments are assessed through the skills audit project. She stated that smaller departments would be adequately provided with assistance and training required to administer the tool themselves and the NSG would assist departments with complexities. She added that specific directives would be made after training and updated feedback would be provided.

Ms Naidoo said that the amendment suggests that no employee upon transfer will suffer any salary reduction., which implies that there will be a retention of current salaries and pensions and the framework will be performed through regulations. She stated that there are provisions made to create a remuneration framework that will cut across all the spheres of government to ensure a synergised job grading and that there is also the protection of salary and benefits on transfer.

On safeguarding the rights of transferred employees, she said that the Act proposes that any transfer of an employee from the public service to a local government or within municipalities will require the consent of the employees. This ensures that employees will not be transferred against their will or be prejudiced.

Regarding conducting business with the state, she mentioned that the existing provision of the Public Administration Management Act prohibits all employees from doing business with the state and being directors in companies. The amendment seeks to deal with the unintended consequences. For example, some employees are appointed on boards as part of their duties in the public service and they represent the state on some of the boards but do business with other organs of state. This, in turn, creates a difficulty where they become liable for penalties to what Public Administration Management Act (PAMA) envisage as a prohibition. The amendment states that any person appointed as an official does not fall within the scope of the provision of PAMA and therefore cannot be subjected to criminal proceedings. The second amendment then deals with clarifying the meaning of “organ of state”, what is meant by “a company” and this being aligned to the company’s law or Act. She added that power is also given to the Minister to determine the activities that do not fall within the confines of this law because to allow such activities to fall within the scope of the law might compromise the ability of the state to do its work.

She stated that there is a current provision on the reversal of inappropriate or unsuitable appointments in the Public Service Act in Section 57 which allows a function of a Minister or DG to correct a decision if it was found to be incorrect, fraudulent, or an unlawful act. In this way, appointments set aside must consider the persons affected by the setting aside, which has potential to bring disputes. She said that in setting aside employment, certain factors must be considered which guide departments in the correction process through mitigation against potential claims, especially when the person employed was not at fault. She added that the current amendment did not provide further provisions on this.

On the rationale factors behind a 12-month cooling period, she said that the legislation states that all employees in the system who have participated in awarding contracts to service providers may not exit the public service for 12 months and join the service provider that was successful in the bid. Any employee or service provider who transgresses will be held liable for criminal action and a penalty for criminality has been included in the probation.

Ms Naidoo highlighted that lessons had been taken from the Municipal Systems Act on public servants’ involvement in politics. The DPSA reviewed the process and considered the possibility of prohibiting all employees from holding political offices, that is, the top positions of political parties. However, the DPSA had to create a balance between the roles of employees at the workplace and political parties and found out that constitutionally, they could only defy the limits on the political rights to the extent that those employees will exercise responsibilities within the law. Additionally, DPSA could not justify the prohibition of all employees because not all employees have financial or HR responsibilities. Therefore, the Department has been able to justify that only the HODs and employees reporting to them will be prohibited from being involved in politics.

Dr Salomon Hoogenraad-Vermaak, Chief Director: Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit, DPSA, reiterated that under the public service regulation, there was a list of activities that were not considered to be conducting business with the state. The amendment provides a mechanism for the Minister to determine certain activities that will be allowed which are currently under the PSA.

The Chairperson appreciated the responses.

The meeting was adjourned.

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