Public Service Amendment Bill: Workshop
Public Service and Administration
21 February 2007
Meeting Summary
A summary of this committee meeting is not yet available.
Meeting report
PUBLIC
SERVICE AND ADMINISTRATION PORTFOLIO COMMITTEE
21 February 2007
PUBLIC SERVICE AMENDMENT BILL: WORKSHOP
Chairperson: Mr P Gomomo (ANC)
Documents handed out
Public Service
Amendment Bill [B31-2006]
Public Service
Amendment Bill presentation by Department
Public Service Act of
1994 with proposed amendments
Public
Service Act
Audio
Recording of the Meeting
SUMMARY
This was a continuation of the workshop given in November 2006 as the
clause-by-clause briefing had not been completed. However, the Department was
asked to provide again a full briefing on the Bill. The Director General gave
an overview of the background to the Public Service Amendment Bill which would
amend the Public Service Act of 1994. He highlighted the issues that had
prompted the proposal to amend the Act.
This was followed by a briefing on the amendments by the Chief Director
of Legal Services. The Committee asked questions about the clauses dealing with
promotions which did not appear to spell out how employees would be rewarded
for good performance, potential conflict and cost implications of the agencies,
transgressions of the Act by political office bearers such as Premiers and the
reduced period of absence for dismissals.
MINUTES
Briefing on Bill by Department of Public Service and Administration (DPSA)
The DPSA Director-General, Prof Richard Levin, gave an overview of the
objectives of the Bill. The Department had realised there was a need to
strengthen organisational and human resource matters in the public service.
Experience had shown that some of these arrangements in the Public Service Act
directly hampers internal efficiency and service delivery. Legislation was also
underway for a single public service incorporating all three spheres of
government but it was necessary to strengthen the Act in some areas urgently.
He noted the following areas:
- Inadequate provision for deployment of staff to priority areas where
there is an identification of scarce resources.
- Some functions provided through departments not close to service delivery
point and without direct accountability and decision-making by functionaries
tasked with delivery; or by entities outside public service without direct
control by a political head.
- Transgressing employees resign and join other departments without
being disciplined.
- Employees dismissed for misconduct, even related to corruption, may be
re-employed.
- Some provisions have resulted in legal disputes or conflict with other
legislation.
He then handed over the presentation to the Chief Director: Legal Services, Ms
Empie Van Schoor. She went through the proposed amendments, particularly the
proposal by the National Treasury and the DPSA on government agencies. The main
aim of establishing agencies was to perform specific functions which accompany
direct accountability. It was a mechanism
to bring back institutions outside the public service that have functions that
should be performed within the public service. Agencies would be within the
public service and staff would be public service employees.
With regard to implementing disciplinary actions, abscondment provisions had
been revised. The period of absence had been reduced from one calendar month to
ten working days and fourteen days for educators. [In the private sector, it
was three working days.]
Other amendments dealt with: powers of the
minister, collective bargaining, promotions, enhancing compliance, implementing disciplinary sanctions, continuation
of disciplinary hearings in new department, summoning witnesses, grounds of dismissal, supervening impossibility,
prohibition on re-employment if dismissed for misconduct, outside remunerative
work, grievances, political rights, regulation-making and delegation powers.
[See document for details]
Discussion
The Committee sought clarification on certain issues:
Promotions: The Committee pointed
out that the Bill did not clearly spell out how employees would be rewarded for
good performance.
Government agencies: Concerns were expressed that there might be a
conflict when the Minister/MEC/Premier favours the advice of an agency against
that of the Department or vice versa. Clarification was also sought with regard
to cost implications and the criteria that would be used to establish an
agency. On this issue, the answer was
that the Department that wished to establish an agency would submit a
motivation.
Disciplinary actions: It was pointed out that the Bill should spell out
clearly who should be responsible for reporting Premiers who transgressed the
Act. The response was that the DPSA Minister should report political office
bearers to the President.
Dismissals: The Committee was concerned about the period of
absence that had been reduced as it did not give allowance for mitigating
factors.
The Committee would be meeting to have extensive discussions on the Bill. There
would be continual communication between the Committee and the Department for
more input.
The meeting was adjourned.
Audio
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Documents
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