Questions and Replies

Reply:

1. The DPSA identified twenty public service employees who may have conducted business with the State and therefore, may be in contravention of section 8 of the Public Administration Management Act, 2014.
2. No public service employees were prosecuted or fined for contravening section 8 of the specified Act. However, on 24 June 2019, the DPSA submitted a list of twenty employees referred to in paragraph 1, to both the National Commissioner of the South African Police Service and the National Director for Public Prosecutions, with a request to conduct the necessary investigations and possible prosecutions.
3. No public service employee has had their employment terminated for contravening section 8 of the Act; as the identified cases still need to be investigated.

END

 

Reply:

(a)(b) The DPSA is not mandated to conduct lifestyle audits on members of the Executive, which includes members of Cabinet and Deputy Ministers.

(c) The newly established Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit (called the “Ethics Enforcement Unit”) is mandated in terms of section 15 of the Public Administration Management Act, 2014 (PAMA), to conduct ethics profiles, which includes lifestyle audits, and includes all employees in the public administration, including Director-Generals.

(i) On 1 April 2019, a proclamation issued in terms of the Public Administration Management Act, 2014 (PAMA 2014) brought into effect the Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit (the “Ethics Enforcement Unit”).

The mandate of this Unit, in terms of section 15 of PAMA 2014, (see Tag A) is to:

• support and provide technical assistance for the management of ethics, integrity and disciplinary matters relating to misconduct in the public administration;
• develop norms and standards for the above;
• build capacity around the disciplining of misconduct;
• strengthen oversight of ethics, integrity and discipline; and to intervene in cases where systemic weaknesses are identified;
• promote ethics and integrity; and
• cooperate with other institutions and organs of state.

As such, this Unit is the legal custodian of all integrity testing information and is responsible for lifestyle audits and integrity testing in all spheres of government.

The Unit is currently incubated in the DPSA, with efforts underway to fund and staff it properly, through a process of internal reprioritisation and reorganisation. The first phase will commence from 01 September 2019, and will include lifestyle audits as a function.

ii)-iii) The Unit has identified lifestyle audits as a priority and during its incubation phase will focus on the Public Service. To this effect, the unit has drafted a Framework for conducting lifestyle audits on public service employees. The Framework will be presented for approval to the Minister of the Public Service and Administration, where after terms of reference will be developed. As soon as this is finalised, it will be announced.

End

Reply:

Yes. During and post the 2018 Wage negotiations, economic realities and financial pressures were discussed with organised labour. The purpose was to jointly look at tangible measures going forward, to remain within the budgetary ceiling without negatively impacting on job security, as well as ensuring continuous efficient and effective functionality of departments within the Medium Term Expenditure Framework (MTEF) and beyond.

Numerous Human Resources (HR) related areas to reduce the Public Service wage bill have been jointly identified between the Department of Public Service and Administration (DPSA) and the National Treasury (NT) as follows:

(i) Organisational structures interim measures

Regulation 25(2) of the Public Service Regulations (PSR), 2016 confers the authority to executive authorities to determine their department’s organisational structures, define and create posts necessary to perform the relevant functions of the department, grade the proposed new jobs and to engage in human resources planning.

Organisational structure of each government departments will be finalised when the National Macro Organisation of Government (NMOG) Project has been concluded by the 6th Administration.

(ii) Creation and filling of posts

Due to the current financial constraints, executive authorities of the 5th Administration were encouraged to align their organisational structures with their respective personnel budgets, and to create posts within the available funds in the current MTEF. Furthermore, executive authorities were encouraged to only fill critical posts in terms of section 9 of the Public Service Act (PSA), 1994.

Where the creation of a post is based on the redirection of funding from an abolished post to another post, the redundant post must first be abolished before the creation of the newly funded post.

(iii) Employment of persons additional to the approved fixed establishment

Regulation 57(2) of the PSR, 2016 states that “an executive authority may, unless otherwise authorised by the Act, within the available budget and at a salary linked to a grade determined through job evaluation or as determined in an OSD, employ persons additional to the establishment”.

The employment of persons additional to the establishment shall not exceed 12 consecutive calendar months unless otherwise directed by the MPSA. Requests made for the extension or continuation of the employment for periods longer than 12 months, must be assessed against the original reasons for the employment of persons additional to the fixed establishment to reduce such expenditure if no longer necessary.

(iv) Posts in the Offices of Executive Authorities

Chapter 3 of the guide to Members of the Executive and regulation 66 of the Public Service Regulation (PSR), read in conjunction with section 9 of the Public Service Act (PSA) 1994, stipulates the standard configuration of Offices of executive authorities and the capacity requirements for such offices.

The DPSA has issued a circular informing government departments that appointment made to private office of Executive Authority or Deputy Minister in terms of Regulation 66 of the PSR should be linked to their term of office of the relevant Executive Authority or Deputy Minister.

(v) Granting of Early Retirement without penalty for employees between 55 and 60 years

Section 16(6) of the Public Service Act, 1994 as amended states that “an executive authority may at the request of an employee allow him or her to retire from the public service before reaching the age of 60, notwithstanding the absence of any reason for dismissal in terms of section 17(2) if sufficient reasons exist for the retirement”.

Granting of Early Retirement without penalty for employees is in response to a need identified by employees who wish to exist the public service before the official retirement age of 60 years.

The provision for applications for early retirement, where National Treasury provides funding support to departments, is limited to the period 01 April 2019 to 30 September 2019. An assessment will therefore be conducted to determine whether a further need for financial support for early Retirement is required by departments.

The DPSA and NT have between April and June 2019 concluded National, Provincial and Sectoral workshops with the relevant human resource officials to support implementation. In addition the requisite governance, financial and administrative tools, documentation and reporting templates have been issued to departments.

(vi) Decremental Budgets allocated for payment of Performance Bonus

Regulation 73(3) of the Public Service Regulations, 2016 states that “the Minister shall from time to time determine a percentage of a department’s remuneration budget that shall not be exceeded for the purpose of granting performance rewards”. This regulation is supported by regulation 73(4) which states that “the Minister shall from time to time determine the maximum percentage reward to be granted to an employee or category of employees”.

A strategy to decrease the percentage of a department’s allocated remuneration budget for the payment of performance rewards has been developed together with the National Treasury.

The approved Incentive Policy Framework (2017), provides that departments may not utilise more than 1.5% of their annual remuneration budget for the payment of performance rewards. The strategy decreases the budget allocation as follows:

Financial Year	Maximum % of Remuneration Budget
2018/19	1.5%
2019/20	0.75%
2020/21	0.5%
2021/22	0%
Post 2022	To be determined based on the comprehensive review of all PMDSs for all categories of employees

The above initiatives are envisaged to support government’s approach to manage the wage bill. The DPSA and NT monitor the public service wage expenditure to identify new and further areas for potential savings.

Reply:

Regulation 18 of the Public Service Regulations (PSR) require each Head of Department (HoD) to submit their disclosure forms including disclosure forms of officials in their department to the relevant Executive Authority (EA) of their Department, the EA and Head of Department to submit copies of these disclosures forms to the Public Service Commission. Therefore, each department is in a better position to provide details of these gifts and or sponsorship.

Reply:

Auditing process on the amount and number of employees currently on suspension since 1 April 2018 has not been completed

 

 

Reply:

(a) The number of:

(i) buildings: 2

(aa) own: 0

(bb) rent: 2

(ii) properties: 0

(iii) facilities: 0

(b) The value and purpose of each:

(i) owned: n/a

(ii) rented property:

• Maponya Mall: Office Accomodation
• Batho Pele House Office Accomodation

(iii) Value of the properties unknown

(c) (i) for how long has each property been rented,

• Maponya Mall: February 2010
• Batho Pele House December 2015

(ii) from whom is each property rented:

• Maponya Mall: Department of Public Works
• Batho Pele House Department of Public Works

(iii) what is the monthly rental fee for each property?

• Maponya Mall: R510 889.88
• Batho Pele House R3 227 378.00

Reply:

Verification process of the number of employees in the respective provincial government departments is at an advance stages of completion.

Reply:

Each government department is in a better position to provide Parliament with total amounts recovered in their respective departments

Reply:

The number of Public Service employees that were employed in each provincial department of (a) education and (b) health (i) on the last day of the (aa) 2015-16, (bb) 2016-17 and (cc) 2017-18 financial years and (ii) on 31 January 2019 (February 2019 information not available at time of compilation), were as follows:

Reply:

1. In terms of Section 16 (6) of the Public Service Act, 1994, approval of early retirement is a function delegated to each Executive Authority. This means each Executive Authority uses his or her discretion to approve early retirement, taking into account the motivation furnished by the employee when applying for early retirement.

DPSA has however provided criteria to be considered by Executive Authority when approving early retirement which are as follows:

i) the applicant is aged 55 to 60 years

ii) here shall be no negative impact on the delivery of services by the department

iii) there shall be no skills deficit created within the department

iv) the Human Resources Planning needs were considered

v) potential future fiscal savings will be realised in terms of NT’s conditions, and

vi) consideration is given to functions that are not aligned to a department’s mandate, structure and post provisioning norms.

We still need to engage Labour before issuing the early retirement circular and guideline.

2. This information will only be available once the Executive Authority of each department approved the application they received from the employees in their departments.

3. When an employee retires, his or her pension benefits are determined by the number of years of pensionable service. An employee with less than ten years of service, only receives a once-off lump sum (gratuity), whereas an employee with more than ten years of service, receives both a gratuity and monthly pension (annuity). An employee with less that fifteen years actual service, does not qualify for continued post-retirement medical assistance.

4. Not at this stage.

Reply:

The Department of Public Service and Administration in 2018 held:

a) Four (4) Tender Briefings, and

b) All four (4) Tender Briefings were Compulsory.

Reply:

REPLY ORIGINATOR:

Name:

Designation:

Contacts:

E-Mail:

Recommended / Not recommended

__________________

Prof. Richard Levin

Director General: Public Service and Administration

Date: _____________

Recommend / Not Recommend

_______________________

Dr Chane Pilane-Majake, MP

Deputy Minister for the Public Service and Administration

Date:

Approved/ Not approved

__________________

Ms Ayanda Dlodlo, MP

Minister for the Public Service and Administration

Date:

Reply:

REPLY ORIGINATOR:

Name:

Designation:

Contacts:

E-Mail:

Recommended / Not recommended

__________________

Prof. Richard Levin

Director General: Public Service and Administration

Date: _____________

Recommend / Not Recommend

_______________________

Dr Chane Pilane-Majake, MP

Deputy Minister for the Public Service and Administration

Date:

Approved/ Not approved

__________________

Ms Ayanda Dlodlo, MP

Minister for the Public Service and Administration

Date:

Reply:

1. No.

1. Falls away

Reply:

The Grade Progression Model contemplated in PSCBC Resolution 3 of 2009 has been implemented with effect from 1 April 2009.

• What PSCBC Resolution 1 of 2012 in clause 18.1 seeks to achieve is the rectification of the agreement that was agreed upon in clause 3.6.3.2 of PSCBC Resolution 3 of 2009.

The “movement from one salary level to another” in the Public Service is achieved in terms of in the following processes or circumstances:

(i) Through ‘Grade Progression’ from the salary level attached to an employee’s post to the next higher salary level only in recognition for long and loyal service, based on compliance with the prescribed service period and minimum performance standards. Grade progression is facilitated through PSCBC Resolution 3 of 2009, and not Resolution 1 of 2012, which contains the Grade Progression Model for employees on salary levels 1 to 12 not covered by an Occupation Specific Dispensation (OSD).

(ii) Through advertisement in the open media whereby appointment to a higher graded vacant post, is based on where an employee has applied for a higher graded vacancy, and has been the recommended candidate through an “open competition” process.

Grade progression of employees is continuing in terms of the Resolution as and when employees meet the qualifying criteria.

Reply:

Every Government department is in better position to provide the total expenditure incurred relating to the travel privileges of spouses, widows or widowers of their former Ministers and Deputy Ministers in each of the past five financial years and (ii) since 1 April 2018?

Reply:

Correspondence on the response referred to in this parliamentary Question was received from the Executive Authority of the Department of Water and Sanitation (DWS). Therefore, the DWS Executive Authority is in a better position to prove a copy of this correspondence to the Honourable Member.

Reply:

Annual Reports of the (i) Department of Public Service and Administration and (ii) its entities tabled in Parliament recently include their Information Technology (IT) Infrastructure.

Reply:

(1) Each separate government department is in a better position to provide response on consultant, which each government department has appointed.

(2) Refer to afore-mentioned response in paragraph (1)

(3) Not at this stage

Reply:

Yes, the Public Service Commission received a response dated 26 June 2017 from the former Minister of Water and Sanitation Ms NP Mokonyane.

Reply:

The Department and its entities have not outsourced any employees from private companies/or contractors in the past 3 years including 2018.

 

Reply:

Parliamentary document entitled Announcements, Tablings and Committee (ATC) Report dated 25 November 2016 state that “Questions may not refer to matters under consideration of a parliamentary committee….” Therefore, allegations have been submitted to the Parliament Joint Ethics Committee on the Minister in relation to the family referred to in this Parliamentary Question.

Reply:

Since this parliamentary question is on public servants, therefore, every state department, which has public servants as its employees, is in a better position to account to Parliament on any damage and or legal cost incurred by the state due to actions of the specified public servants in their employ.  

Reply:

None

Reply:

Names of companies, which have been awarded contract and or tender by the Department and its entities, including details of contracts and or tender, such as services provided were submitted to Parliament in the form of Annual Reports, which were tabled in Parliament.

Reply:

1. The Department of Public Service and Administration (DPSA) does not have artwork which belongs to Government.

(2) Falls away.

Reply:

The National Treasury is a custodian of PERSAL System, as such, in a better position to provide the figures

Reply:

Audited information in this regard will be submitted to parliament through annual reports, which will be tabled in parliament during this month of September 2018 as required by the parliamentary prescripts.

Reply:

Details on voluntary early retirement packages have not been concluded yet, consultations in this regard with relevant stakeholders is a work in progress, this consultation will also be extended to labour, once all process have been finalised, a communique will be issued

Reply:

The Development of a framework on lifestyle audits on public service employees is at a consultative stage with sector departments and constitutional institutions such as the Public Service Commission. The consultations will also be extended to relevant stakeholders including labour. These consultations will assist us to produce a sustainable framework on the lifestyle audits, which is consistent with the Bill of Rights enshrined in the Constitution of the Republic of South Africa.

The lifestyle audits will further strengthen existing measures, which include declarations by the public service employees, the financial intelligence centres act, amongst others, the aim is to protect public service against any ills.

 

Reply:

The Department of Public Service and Administration and its entities do not owned land

Reply:

According to the Public Service Commission, the letter has been received and a response thereof was sent to the author.

Reply:

1. Only one employee at level nine (9) is currently suspended on full salary for longer than 120 days

2. The service provision in relation to the suspended employee is being shared amongst DPSA employees, who continue to provide the required services during this period of suspension.

Reply:

In the 2018 State-of-the National Address, the President alluded to a review of configuration of government departments, this reconfiguration of government departments will amongst others reduce size of the public service, which will in turn reduce an increases of public service wage bill. The Department of Public Service and Administration is also putting together measures to contain huge increases of the public service wage bill, these measures include (i) employee-initiated severance package, (ii) early retirement without penalties, (iii) review of performance management and incentive system, (iv) centralised job grading and evaluation, (v) more effective management of allowances, including base amounts and frequency of adjustments, (vi) review of structure of government to reduce fragmentation, duplication of functions and elimination of redundant posts, amongst others, (vii) careful management of earnings growth including allowances, performance incentives and other benefits and also management of both headcount and earnings of public servants

All these measures will be implemented in a manner that avoids negative impact on the capacity of the state to deliver quality public services.

Reply:

1. The Labour Relations Act, section 35-37 regulates the establishment of bargaining councils in the public service. The legislation provides for the establishment of the Public Service Coordinating Bargaining Council (PSCBC). It allows the PSCBC to designate Sectors. One of those sectors is the General Public Service Sector Bargaining Council (GPSSBC). As per the designation of the GPSSBC, the Department of Higher Education falls within the scope of the GPSSBC. The GPSSBC established Chambers for all of the National and Provincial Governments falling within their scope. Also for the Department of Higher Education.

2. Conditions of service for the Public Service are determined by the PSCBC. Sector Councils deal with Sector Specific issues that falls within the competency of the relevant Minister.

3. No such draft agreement was tabled in either of the Councils.

4. Such proposals will be dealt with through sector specific conditions of service.

 

Reply:

There was no incidents of racism recorded at the Department of Public Service and Administration and at the Centre for Public Service Innovation, only one incidents of the racism was recorded at the National School of Government, this incident was referred to the Human Rights Commission

Reply:

Auditing process on the expenditure incurred during the period 2017-2018 has not been completed

Reply:

Yes, such expenditure has been covered under the heading foreign travel, in the Annual Reports submitted Parliament, auditing process on the expenditure incurred during the period 2017-2018 has not been completed, the President approved the travel

Reply:

Position of the Director-General at the Department of Public Service and Administration became vacant on 01 February 2018, the position was advertised

Reply:

Declaration of interest by Members of the Senior Management Service (SMS) as required by the Public Service Regulations closed by 30 April 2018, and thereafter Public Service Commission continue with the process of amongst others verification of the information provided, the Department of Public Service and Administration will be in a better position to provide the figures when all processes have concluded.

Reply:

1. As at 30 April 2018, the Public Service consist of 1 139 715 public servants. The Public Service largely mirrors the demographics of the country and consists of an African population of 81.4% (927 446), coloured population of 8.6% (98 333), White population of 7.5% (85 422) and the Asian population of 2.5% (28 514)

Public Servants by Race As on 30 April 2018
Race	Number	Percent
African	927,446	81.4
Asian	28,514	2.5
Coloured	98,333	8.6
White	85,422	7.5
Total	1,139,715	100.0
Table Public Servants by race as at 30 April 2018 Data Source: PERSAL, Compiled by the DPSA, Excluding: Periodical and Abnormal type of appointments, Defence and State Security Agency and Additional to Establishment

2. Employment equity targets have successfully been met in terms of race. Number of employees in the Public Service has been fluctuating for the past five years which affects Affirmative Action Policy aggregate in terms of the targets. Employment of persons with disabilities in the public service has been consistently increasing, although not satisfactorily. The 2% equity target in terms of disability has not been reached and is currently standing at 0.95%.

Reply:

1. No

2. Falls away

Reply:

(1) (2) (3) Audit process on the figures with regard to the cost and the numbers referred has not been completed.

(4) Not at this stage

Reply:

Each government department is in a better position to provide required details including representivity, demographic and total number of employees

Reply:

The National Treasury is in better position to provide a response in this regard, since the Treasury is responsible for finance to the State.

Reply:

1. (a) and (b) public servants on salary levels 1 to 10 are eligible to apply for housing allowance in terms of Public Service Co-ordinating Bargaining Council (PSCBC) Resolution 7 of 2015, approximately 950 090 public servants are receiving Housing Allowance.

(2) (a) public servants on salary levels 1 to 10, certain educators on salary levels 11 and 12, Occupational Specific Dispensations and Department of Defence (administrated by PERSOL) qualify to apply for GEHS Housing Allowance. Public Service employees on salary levels 11 and higher receive a total cost to company package of which the housing allowance is included.

2. (b) and (b)

Salary level	Number of employees receiving the GEHS Housing Allowance as at 1 March 2018
1	1 721
2	51 462
3	68 031
4	31 060
5	181 054
6	88 061
7	228 887
8	113 852
9	81 683
10	42 809
All others	61 470
Total	090

2. (c) An arrangement has been made with SA Home Loans, however, each employee is required to submit application to SA Home Loans for consideration and processing.

Reply:

The department and entities reporting to the Minister for Public Service and Administration do not own land. The department of Public Works is responsible for the accommodation needs of the department and entities

Reply:

Detailed answer to (a) – (d) attached as ANNEXURE A

 

Approved/ Not approved

MS AF MUTHAMBI, MP

Minister for the Public Service and Administration

Date:

Reply:

1.(a) and (b) There was consultation about the organizational structure.

2. Should there be anything contrary to the information referred in paragraph 1 above, report will be issued regarding compliance audit.

Reply:

1. (a) and (b) The Department of Public Service and Administration and all three (3) entities in the portfolio do not own land.