Question NW3860 to the Minister of Public Service and Administration

Reply:

The Office of Standards and Compliance was operationalised as a Chief Directorate within the Department on the 1st of April 2020, through a restructuring process. Section 17(4) of the PAMA, 2014, sets out the Office of Standards and Compliance (Office) functions as follows:

(a) evaluate the appropriateness of norms and standards and their basis of measurement as determined by institutions in relation to public administration and management;

(b) promote and monitor compliance with minimum norms and standards determined by the Minister in relation to public administration management;

(c) advise the Minister on the execution of his or her duties with regard to— (i) the determination of minimum norms and standards contemplated in section 16; and (ii) enforcing compliance with the minimum norms and standards;

(d) conduct capacity and functionality audits of skills, systems, processes and advise on capacity building initiatives;

(e) develop and implement an early warning system to detect public administration non-compliance; and

(f) report in writing— (i) at least once every quarter to the Minister on the performance of the Office’s functions; and (ii) as directed by the Minister on the progress made in the investigation and finalisation of matters brought before the Office.

Furthermore, Section 17(6) states that the objects of the Office are to ensure compliance with minimum norms and standards set by the Minister in Section 16, taking into account that the spheres of government are distinctive, interdependent and interrelated.

It is worth noting that the Office of Standards and Compliance does not have a mandate to set norms and standards. Norms and standards are set by the Minister for the Public Service and Administration who is supported by the department in programmes Human Resources Management and Development, Negotiations, Labour Relations & Remuneration Management, E-Government Services & Information Management and Government Services and Improvement. The programmes are also responsible for monitoring implementation and to also to conduct evaluations on the impact of the policies and prescripts. According to PAMA section 17 (4) (a) the OSC‘s mandate is to evaluate the appropriateness of norms and standards and their basis of measurement as determined by the institutions. The Office of Standards and Compliance has developed criteria and guiding questions to aid in assessing the appropriateness of norms and standards. Therefore, the Office evaluates the appropriateness of norms and standards at two stages: during the drafting phase prior to approval, and after implementation when instances of non-compliance come to light.

Since its establishment in 2020, the Office of Standards and Compliance has formulated and sought input on three frameworks and guidelines to facilitate the execution of its mandate. The Office has monitored compliance and produced annual reports on compliance with legislative and regulatory requirements in the public service, focusing on six norms and standards: Recruitment matters, Discipline Management, Precautionary Suspensions, Sexual Harassment in the workplace, Public Administration Delegations Management, and Information and Communication Technology. These reports also contain recommendations for improvement. Managing the wage bill in the public service is a key strategic priority for the Department. Consequently, the Office of Standards and Compliance has identified two specific areas of focus: precautionary suspensions and sick leave, both of which contribute to substantial costs for the state.

The Office has evaluated the appropriateness of the guidelines relating to precautionary suspensions and has compiled a report with recommendations which will be submitted to the Minister.

End