Question NW3163 to the Minister of Cooperative Governance and Traditional Affairs

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19 October 2015 - NW3163

Profile picture: Mudau, Mr AM

Mudau, Mr AM to ask the Minister of Cooperative Governance and Traditional Affairs

Whether the sphere of local government is ready to implement the Public Administration Management Act, Act 11 of 2014, with regard to the transfer and/or secondment of employees to improve service delivery?

Reply:

The Public Administration Management (PAM) Act, 2014 (Act No. 11 of 2014) (“PAM Act”) provides in section 5(1) that any employees of the transferring institution may, subject to sections 151(3), 153 and 197 (4) on the Constitution, be transferred within an institution or transferred to another institution in a manner and on such conditions as prescribed.

The PAM Act imposes an obligation on the Minister for Public Service and Administration to develop regulations providing guidelines on how to manage horizontal transfers of staff at senior management levels across all the three spheres, in consultation with the Minister responsible for local government. The Department of Public Service and Administration is currently developing minimum norms and standards, inter alia, including transfers between the three spheres of government. The regulations are not yet in place. The regulations, once finalised, will provide guidance on the implementation of the PAM Act to help improve service delivery, taking into consideration the different conditions of employment of senior managers and categories of municipalities.

This provision will enable municipalities to draw on staff with the necessary experience and competence in other spheres once the legal framework is in place.

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