Questions and Replies

Reply:

The unprofessional behaviour and conduct of Public Service officials towards persons with disabilities is unacceptable and must not be tolerated. The Bill of Rights protect our vulnerable citizens and public service officials are required to act in ways that uphold the dignity and humanity of all our citizens.

The Disability Rights Awareness Month (DRAM) 2022, was launched by the Department of Women, Youth and Persons with Disabilities on 3 November 2022. The theme for this year’s DRAM is titled “Empowering Persons with Disabilities through resourceful, sustainable and safe environments”. Government’s Disability Rights Awareness Campaign is part of the 365 days Calendar on disabilities to create more awareness about the disabilities, showcase gaps and challenges that are experienced in delivery of services for persons with disabilities, showcase inroads and achievements made to date by government in line with the MTSF priorities and forge further partnerships between persons with and without disabilities to support the social cohesion towards realization of disability inclusion in all our programs and all aspects of society.

The Department of Women, Youth and Persons with Disabilities and the National School of Government signed a Memorandum of Agreement on Disability Inclusion Training for public servants, on 3 November 2022. This training is aimed at empowering public servants in ensuring disability inclusion in their programmes and services of their departments.

The National School of Government has several training programmes in place to build awareness of these issues in public service officials. The compulsory programmes such as the “Championing Anti-discrimination in the Public Service”. The NSG has partnered with the UNFPA on “Achieving Disability Inclusiveness through Universal Access and Reasonable Accommodation” course. Furthermore, it offers “Know your Constitution” and “Ethics in the Public Service” as free courses. The NSG uses the specialised services to develop training materials that are accessible to officials who have barriers to learning.

End

Reply:

In June 2022 Cabinet approved the appointment of staff to support the Acting Minister linked to the acting term.

The 2 November 2022 amended Ministerial Handbook provides for the appointment of 14 staff in the Office of the Minister, which includes 5 support staff to be appointed by the department and 10 staff in the Office of the Deputy Minister, which includes 3 support staff to be appointed by the department.

(a) total number of staff employed and/or provided as departmental support in their private offices:

(i) Office of the Acting Minister, Mr TW Nxesi, MP = 13

(ii) Office of the Deputy Minister, Dr MCC Pilane-Majake, MP = 9

(b) (i) job title and (ii) annual remuneration package

Office of the Acting Minister	Job Title	Annual Remuneration Package
Staff appointed in the Office of the Minister
1	Chief of Staff	R1,308,051 all-inclusive package R 84,420 PNP allowance R 20,340 Non pensionable allowance R1,412,811
2	Private and Appointment Secretary	R1,105,383 all-inclusive package R 84,420 PNP allowance R 20,340 Non pensionable allowance R1,210,143
3	Community Outreach Officer	R766,584 all-inclusive package R 19,680 Non pensionable allowance R786,264
4	Receptionist	R 248,790 all-inclusive R 19,200 PNP allowance R 14,640 Non pensionable allowance R282,630
5	Media Liaison Officer	R1,105,383 all-inclusive package R 84,420 PNP allowance R 20,340 Non pensionable allowance R1,210,143
6	Parliamentary Officer	R1,105,383 all-inclusive package R 84,420 PNP allowance R 20,340 Non pensionable allowance R1,210,143
7	Administrative Clerk (Acting as Assistant Appointment and Administrative Secretary and receiving acting allowance accordingly)	R539,384 all-inclusive R 84,420 PNP allowance R 17,400 Non pensionable allowance R641,204
Staff appointed by the department to provide support to the Office of the Minister
1	Driver/Messenger	R241,495 all inclusive R 19,200 PNP allowance R 14,640 Non pensionable allowance R275,335
2	Food Aide Services	R146,858 all-inclusive R 14,640 Non pensionable allowance R161,498
3	Administration Support & Coordination	R766,584 all-inclusive package R 19,680 Non pensionable allowance R786,264
4	Parliamentary & Cabinet Support	R889,656 all-inclusive package R 84,420 PNP allowance R 19,680 Non pensionable allowance R993,756
5	Registry Clerk	R248,790 all-inclusive R 19,200 PNP allowance R 14,640 Non pensionable allowance R282,630
Internships
1	Intern	Stipend of R76,330

Office of the Deputy Minister	Job Title	Annual Remuneration Package
Staff appointed in the Office of the Deputy Minister
1	Head of Office (Acting Head of Office, reassigned from within the Department. Only receiving PNP allowance contemplated in Clause XIX of PSCBC Res 3 of 1999 for support to the Member, in addition to her Director level salary paid by virtue of being on the same salary level)	R 84,420 PNP allowance
2	Private and Appointment Secretary	R908,502 all-inclusive package R 84,420 PNP allowance R 20,340 Non pensionable allowance R1,013,262
3	Parliamentary and Cabinet Support	R766,584 all-inclusive package R 84,420 PNP allowance R 19,680 Non pensionable allowance R870,684
4	Household Aide (Acting as Receptionist and receiving acting allowances accordingly)	R248,790 all-inclusive R 19,200 PNP allowance R 14,640 Non pensionable allowance R282,630
5	Acting Household Aide (Contract)	R175,587 all-inclusive R 14,640 Non pensionable allowance R190,227
6	Household Aide	R175,587 all-inclusive R 14,640 Non pensionable allowance R190,227
Staff appointed by the department to provide support to the Office of the Minister
1	Driver/Messenger	R208,091 all-inclusive R 19,200 PNP allowance R 14,640 Non pensionable allowance R241,931
2	Food Aide Services	R146,858 all-inclusive R 14,640 Non pensionable allowance R161,498
Internships
1	Intern	Stipend of R76,330

END

Reply:

1. Policy that permits public service employees to serve as councillors in municipal councils

a) Participation of public service employees as candidates for elections and becoming members of municipal councils is regulated by section 36 of the Public Service Act, 1994 (PSA) and regulation 15 of the Public Service Regulations, 2016 (PSR).

b) Section 36(1) of the PSA provides that an employee can stand as a candidate for elections in a municipal council, but must comply with the public service code of conduct (Chapter 2 of the PSR) and any other prescribed limits and conditions.

c) Section 36(2) of the PSA provides that if an employee is elected as a full-time member of a municipal council, the employee will be deemed to have resigned from the public service.

d) Section 36(4) provides that an employee who has been elected as a part-time councillor may only remain an employee in the public service if such an employee complies with the provision of section 30(1) of the PSA. Section 30(1) of the PSA requires that an employee have the written permission of the Executive Authority of his/her department when the employee performs or engages in remunerative work outside his or her employment in the relevant department. The process for obtaining permission is outlined in the Directive on Other remunerative Work outside the Employee’s Employment in the Relevant Department, as Contemplated in Section 30 of the Public Service Act, 1994 (“Directive”, Nov 2016).

e) The provisions of section 36 is supported by regulation 15 of the PSR, which outlines the procedure to be followed by an employee who wants to stand as a candidate for elections. In terms of regulation 15 of the PSR, an employee is required to inform his/her head of department (HOD), in writing, about his/her intention to stand as a candidate for election a day after receiving the certificate issued by the Independent Electoral Commission (IEC). Furthermore, the employee should also submit the certificate from the IEC to the HOD. Employees are also required to take annual leave immediately after the certificate is issued as provided in regulation 15(2).

2. Approval for other remunerative work

a) Section 36(4) requires that a public service employee who is elected as a part-time member of a Municipal Council should comply with section 30 of the PSA. Section 30 of the PSA requires that an employee who would like to perform other remunerative work outside his/her employment in the relevant department should obtain written approval to perform other remunerative work from the Executive Authority of the department. This should be obtained before performing that other remunerative work. In deciding the request, the Executive Authority shall consider whether or not the outside work could reasonably be expected to interfere with or impede the effective performance of the employee’s function in the department concerned or constitute a contravention of the code of conduct.

b) In November 2016, the Minister for Public Service and Administration issued a Directive (see par 1(d)) prescribing the procedure to be followed by employees in applying to perform other remunerative work. In terms of the Directive, written approval is issued in a form of a certificate signed by the Executive Authority or delegated authority in the department.

c) Public service employees who are part-time councillors in the municipalities should, therefore, have an approval certificate as proof that they have obtained written permission to perform other remunerative work outside their employment in the department.

d) The Department of Public Service and Administration is in the process of collecting information from the affected Departments regarding whether employees have complied with section 36(4) of the PSA and regulation 15 of the PSR.

End

Reply:

There were no documents submitted to or shared with any structure outside of government unless the document is published for public consumption or public consultation in line with prescripts.

End

Reply:

The toll-free number for reporting corruption in Government as per Cabinet decision is 0800 701 701 and it operates from 08h00-04h30, five (5) days per week. According to the records, the toll-free number (0800 701 701) was in full service for the last three months. At least 324 complaints were registered in the past three months of the second quarter of 2022/23 financial year as indicated in the table below.

Table 1: Complaints reported through the NACH during the first and second quarter of 2022/2023 financial year

	Q1	Q2
Provinces	Apr-22	May-22	June-22	July-22	Aug-22	Sep-22	TOTAL
Eastern Cape	1	2	4	3	2	0	12
Free State	2	0	0	1	1	0	4
Gauteng	9	13	9	5	6	18	60
KZN	1	3	5	0	0	4	13
Limpopo	1	4	3	3	1	2	14
Mpumalanga	5	3	0	0	1	2	11
North West	5	2	1	1	1	5	15
Northern Cape	1	1	1	1	1	0	5
Western Cape	5	3	4	1	1	1	14
Public Entity	62	96	53	25	33	62	331
National Departments	33	52	31	20	48	75	260
Grand Total	125	179	111	60	95	169	739

End

Reply:

(1) The Acting Minister of Public Service and Administration was never part of any meeting that talks about any deployment in Public Service or any entity that is involved in recruitment or placement of employees in entire Public service or state owned enterprises. 

(2) The recruitment of employees in public service is done through corporate service which reports to the Accounting Officer. (b)The Minister never attended any forum or any meetings that discussed any appointments in public service or any entities within state owned enterprises.

End

Reply:

Recruitment and appointments of public servants is a decentralised function in the public service. The appointments of these categories including employment contracts, terms and conditions of the employment which are processed by the immediate/relevant department as an employer. Therefore, the National Departments of Health and Public Works and Infrastructure are better suited to respond to the appointments.

End

Reply:

1. As of the end of September 2022, the number of SMS members whose requisite qualifications are not reflected in the PERSAL has gone down to 2188 from 2349 in May 2022. This is due to the fact that most departments are now updating this data onto the PERSAL since the Director-General issued a Circular HRD0301 in this regard. The fact that it is not yet mandatory to reflect the qualifications in the PERSAL when SMS members are appointed, could be one of the reasons why the numbers may seems high in certain departments, although that may not be the case.

2. The issue of poor service delivery in the public service is multidimensional and systemic and therefore, cannot be attributed to the less than 25% of the SMS members without the required qualifications within a staff complement of 1,3 million public servants. Most of them have acquired lots of workplace experience and knowledge that is contributing to service delivery improvement. There are continuous development initiatives that are mandated for senior managers to remain relevant in their scope of practice, thereby improving service delivery.

3. The Public Service Commission (PSC) is currently investigating this issue and has written to the Acting Minister for the Public Service and Administration, requesting some additional information on the subject matter and the department have responded accordingly. The PSC findings will therefore provide a clearer picture in this regard.

End

Reply:

1. The following table shows the breakdown of (a) positions and (b) salary levels of the 281 public servants who were identified as serving as councillors of municipal councils:

a) Position	b) Salary levels	Total #
Cleaner	02	4
General Assistant School	02	1
Child and Youth Care Worker Grade1	03	1
NA1 Nursing Assistant Grade 1	03	1
General Assistant	03	1
Road worker	03	2
Security guard Grade II	03	1
Security officer	03	6
Sports coordinator	03	2
Court interpreter	Not pacified	1
Intern	Not specified	1
ECD Practitioner - Public School	Not specified	1
Driver/Messenger: Circuit Management	04	1
Foreman: Ground services	04	1
NA2 Nursing Assistant Grade 2	04	1
Nutrition Advisor	04	1
Teacher	04	1
Clerk	05	1
Emergency Care Officer Grade 2	05	1
Forensic Pathology Officer Grade 1	05	1
Accounting clerk	05	1
Administration clerk	05	5
CB1Security Officer Grade 3	05	1
General Administration Clerk	05	1
Personnel Officer Grade 1 Senior	05	1
Provisioning Administration Clerk Senior	05	1
Senior Administration Clerk Grade II	05	7
Senior Personnel Officer Grade II	05	1
SN1 Staff Nurse Grade	05	2
CB 1 Security Officer Grade 1	06	1
Community Development Worker	06	1
Emergency Care Officer Grade 4	06	3
Lecturer	06	2
Malaria Surveillance Supervisor	06	1
Provisioning Administration Clerk Grade III Senior	06	1
Security Officer II Senior	06	1
Senior Administration Clerk	06	1
Teacher	06	8
CB1 3 Security Officer	07	1
Chief Admin Clerk Grade 1	07	1
Cultural Officer	07	1
Labour Relations Officer	07	1
Lecturer	07	2
Logistic Support Officer	07	1
PNA2 Professional Nurse Grade 1	07	4
Secretary Chief: MEC Support	07v	1
Supply Chain Management Practitioner	07	1
Social Worker Grade 1	07	2
Teacher	07	42
Asset Officer	08	1
CD A6 Community Development Practitioner Grade 3	08	1
Departmental Head	08	17
Employment Services Practitioner 2	08	1
Local Co-ordinator	08	1
Personnel Officer: Chief	08	1
Principal Road Safety Officer	08	1
Project Officer IASP Environment Management	08	1
Provincial Inspector Senior	08	1
Registration Clerk	08	1
Teacher	08	18
CB1 3 Security Officer Grade 1	08	2
Departmental Head	09	4
Deputy Principal	09	7
Director: Administration Assistant	09	1
Director: Assistant Gender (Siyanda)	09	1
Education Specialist Senior (FETI)	09	1
Principal P2	09	23
SW A8 Social Work Supervisor Grade	09	1
Teacher	09	4
Education Specialist (Office Based)	10	1
Education Specialist Deputy Chief (Office Based)	10	2
Education Specialist Senior (Office Based)	10	1
PNB3 Operational Manager Nursing (Speciality Unit)	10	1
Principal 2	10	11
Principal 3	10	17
Teacher Master	10	1
Deputy Director: HEST & HPM	11	1
Deputy Director: Parliamentary	11	1
Director: Administration Deputy	11	1
Portfolio Co-ordinator	11	1
Principal P3	11	3
Principal P4	11	4
Dentist Grade 3	12	1
Deputy Director	12	1
Deputy Director: Administration	12	1
Manager Information Services	12	1
Principal P4	12	2
Director: Logistics and Asset Management	13	1
Part-Time Teacher	Not specified	15
TOTAL		281

(2) (a)The Department of Public Service and Administration (DPSA) has written letters to departments with public servants employed as municipal councillors (b) in September 2022. These departments were requested to provide information by 14 October 2022 to the DPSA, through a standard reporting template, indicating the public servants in their employ who serve as municipal councillors.

(3) The DPSA has not established the number of identified public servants elected as full-time councillors who resigned from the Public Service with effect from the date immediately before assuming the position of municipal councillor. The reporting template that was shared with the affected departments did not include a request for this information.

(4) Only three departments with employees elected as municipal councillors provided information to the DPSA by the due date of 14 October 2022. The Department of Correctional Services and Gauteng Department of Human Settlements provided a nil report and the Kwa-Zulu Natal Department of Economic Development, Tourism and Environmental Affairs disclosed that two employees requested permission before assuming the position of part-time municipal councillor. One of the employees passed on.

The DPSA is monitoring all the implicated departments. The Department of Correctional Services and Gauteng Department of Human Settlements were given name lists to verify their nil reports and name lists were also shared with the following departments: Free State Department of Education, and KwaZulu-Natal Department of Cooperative Governance and Traditional Affairs.

The DPSA will make follow-ups with all the affected departments which have not yet provided information to the DPSA by the due date of 14 December 2022.

(5) (a) The DPSA cannot take disciplinary steps against the employees of other departments, but its own. Discipline management is a decentralised process and accordingly, each department has the responsibility to discipline its own employees. However, all relevant information was shared with the Accounting Officers of the identified employees, so that the departments can institute disciplinary action against their employees and report progress to the DPSA. The DPSA will monitor the situation and report on progress.

(b) The DPSA cannot take steps to recover the remuneration received by public servants from other departments who failed to comply with applicable legal prescripts. Disciplinary processes are invoked in terms of the provisions of the Disciplinary Code, Public Service Coordinating Bargaining Council Resolution 1 of 2003. This Code does not provide for a sanction such as the recovery of monies or for punitive fines. The recovery of money can therefore only be done when departments are using permitting prescripts outside the Discipline Management process, such as to litigate.

End

Reply:

The Department of Public Service and Administration (DPSA) and (b) the National School of Government, Centre for Public Service Innovation and the Office the Public Service Commission do not have any commercial contracts with the government of the Russian Federation or any other entities based in the Russian Federation since 1 April 2017.

(aa) N/A

(bb) N/A

(dd) N/A

(ee) N/A

End

Reply:

The Department of Public Service and Administration has developed a detailed Strike Management Plan, outlining the procedural requirements for a protected picket and strike. Picketing Rules have been concluded with organised labour. Measures to mitigate the impact of the strike have been put in place such as the establishment of the Strike Management Committees from National level and across all the departments. The Provincial Departments will be co-ordinated from the Offices of the Premiers. Reports pertaining to the strike will be collated on a daily basis and sent to the co-ordinating structure and then to the DPSA.

End

Reply:

The Future of Work Ambassadors Programme is an initiative championed by the Department of Public Service and Administration (DPSA) in partnership with the Public Service Sector Education Authority (PSETA) and the National Youth Development Agency (NYDA). This programme is envisioned to contribute positively towards building a leadership pipeline for realising a capable, ethical and developmental public service in line with Chapter 13 of the National Development Plan and Priority 1 of the Medium-Term Strategic Framework.

The programme is fully funded by the PSETA, with the NYDA responsible for the recruitment process; HR-related matters including administration of the stipend over the 24-month period. The DPSA is responsible for the coordination, content creation and capacity building/training activities and placement of the candidates.

(a)(i) In terms of the latest update on the Future of Work Ambassadors programme, 33 candidates were appointed for the programme, four (4) resignations were received, where 3 of them left for greener pastures and one for personal reasons. One (1) candidate is currently on maternity leave. The ambassadors are exposed to job seeking skills, effective writing of resumes and practical exposure to the workplace, which makes them effective at looking for jobs and being attractive job seekers. Additionally, the Ambassadors are currently being exposed to:

• Capacity building and training opportunities by the National School of Government (NSG);
• A 6-month digital and soft skills online course provided by the United Nations Development Programme (UNDP);
• Compulsory Induction Programmes for the Public Sector by the National School of Government (NSG); and
• A structured leadership coaching and mentorship programme for 12 months run and coordinated by the DPSA.

(a)(ii) The selection process of the 33 graduates in the specified programme included the following process:

• • PSETA and DPSA defined the specific skills to be funded which were linked to the mandate of the Public Sector and PSETA;
  • Provincial and National Departments were requested through FOSAD to indicate interest and readiness to host Ambassadors;
  • All host departments were given an opportunity to select their qualification areas based on the prescribed list provided by PSETA, such as:
    • Financial and Supply Chain Management
    • Law
    • Risk Management
    • Human Resource Management
    • Communications
    • Marketing Management
    • Public Management
    • Public Administration
    • Internal Audit
  • The NYDA used the information to generate an advertisement which was posted on the SAYouth.mobi platform.
  • The candidates were then shortlisted virtually and interviewed through the NYDA with the involvement of representatives from host departments on the panel.
  • Candidates were appointed and placed based on the recommendations of the panel.

b) The 33 Future of Work Ambassadors were allocated as follows:

National and Provincial Departments	No. of Candidates
Department of Youth, Women and Persons with Disabilities	3
Department of Planning, Monitoring & Evaluation	2
Department of Cooperative Governance	2
KwaZulu-Natal Office of the Premier	2
National School of Government	4
Public Service Commission	1
Department of Public Service and Administration	5
Justice and Constitutional Development	3
Department of Public Enterprise	2
Department of Forestry, Fisheries and the Environment	2
Mpumalanga Office of the Premier	2
Limpopo Office of the Premier	3
Western Cape Office of the Premier	2
TOTAL	33

(c) A number of monitoring and evaluation tools have been put in place, including the following:

• • Regular meetings of the core partners (DPSA, NYDA and PSETA) to discuss progress of the project; key trends and emerging lessons;
  • The establishment of an interactive WhatsApp group where Ambassadors can engage the DPSA, PSETA and NYDA on issues they would like to raise and they provide peer support to each other;
  • The Ambassadors participate in bi-weekly virtual Live Learning Sessions on Fridays between 09h00 – 13h00. This allows them to receive immediate assistance should they be experiencing any challenges on the Digital Skills Platform.
  • Mentors and/or supervisors are also able to log onto the platform to track the progress of their candidates.
  • Monitored work plans guided by their Mentors and/or Supervisors that require a formal report and review every six months; and
  • Conducting regular check-in sessions with the Ambassadors; their Supervisors and/or Mentors.

The Future of Work Ambassadors Programme also features in the department’s 2022/23 Annual Operational Plan. This further enhances monitoring; ensures that the project is aligned and contributes towards the greater strategic goals of the department.

End

Reply:

a) The Department of Public Service and Administration is currently consulting on the amendments to the Public Service Act, 1994 and the Public Service Regulations, 2016 to augment all challenges identified in different policy areas, not only limited to recruitment. Lessons learnt have been documented and will be applied in how the amendments are operationalised. Additionally, the DPSA continues to hold advocacy with departments on the implementation of policy.

b) The Public Service Act, 1994 and accompanying Regulations, is clear that any person, not only those in senior management must be fit and proper and meet the inherent requirements of a post to be appointed. The MPSA will continue writing to Executive Authorities of entities that are implicated to hold Accounting Officers accountable for any deviations that have not been authorised.

End

Reply:

BACKGROUND

With the adoption of the Guide on implementing lifestyle audits in the Public Service, lifestyle audits for the Public Service became compulsory from 1 April 2021. When implementing the Guide, national and provincial departments follow a three step approach, starting with lifestyle reviews. When red flags (unexplained wealth, conflicts of interest, etc) are identified during this step, the department will move to the next step, which is lifestyle investigations. This step may lead to disciplinary action if an irregularity or wrong-doing was detected (and if action is required in terms of law and prescripts). When an investigation prove to be challenging, a department will move to the last step, namely a lifestyle audit. This step involves the utilisation of specialist auditors that will employ specialist tools to trace unexplained wealth (for example). Given the three step approach, the lifestyle audit process can end with a lifestyle review (when no red flags are identified). If investigations are conducted, the timeframe for completion will depend on the complexity of the case. There is therefore no due date for completion of lifestyle audits. However, lifestyle reviews are to be completed at the end of each financial year for members of the Senior Management Service, and every second year for other categories of employees.

RESPONSE:

1. (a) (i) State departments that have started to roll out lifestyle audits for their employees as at 31 October 2022 are listed below:

National departments: (27)

Basic Education, Civilian Secretariat for Police Service, Communications and Digital Technologies, Cooperative Governance, Correctional Services, Health, Government Technical Advisory Centre, Environmental Affairs, Forestry and Fisheries, Human Settlements, Home Affairs, International Relations and Cooperation, National Prosecuting Authority, National Treasury, National School of Government, Office of the Chief Justice, Office of the Public Service Commission, Planning, Monitoring and Evaluation, Public Enterprises, Public Service and Administration, Public Works and Infrastructure, Small Business Development, Social Development, Statistics South Africa, South African Police Service, Trade, Industry and Competition, Water and Sanitation.

Provincial departments: (47)

KwaZulu-Natal:

Arts and Culture, Community Safety, Economic Development, Tourism and Environmental Affairs (not completed), Health, Human Settlements, Office of the Premier (in progress), Provincial Treasury, Public Works, Social Development.

Gauteng:

Human Settlements, Sport, Arts, Culture and Recreation

North West:

Health, and Rural, Environment and Agriculture Development

Eastern Cape:

Cooperative Governance and Traditional Affairs, Community Safety, Office of the Premier, Rural Development and Agrarian Reform, Sport Recreation, Arts and Culture.

Limpopo:

Cooperative Governance, Human Settlements and Traditional Affairs, Provincial Treasury

Northern Cape:

Agriculture, Land Reform and Rural Development (SMS completed, rest in progress), Cooperative Governance Human Settlements and Traditional Affairs (in progress), Economic Development and Tourism, Social Development.

Western Cape:

Community Safety, Cultural Affairs and Sport, Economic Development and Tourism, Education, Environmental Affairs and Development Planning, Health, Human Settlements, Provincial Treasury, Social Development.

Mpumalanga:

Agriculture, Rural Development, Land and Environmental Affairs, Office of the Premier, Provincial Treasury, Public Works, Roads and Transport

Free State:

Agriculture and Rural Development, Cooperative Governance and Traditional Affairs, Economic Development, Tourism and Environmental Affairs, Health, Human Settlements, Office of the Premier, Provincial Treasury, Social Development, Sport Arts Culture and Recreation

(a)(ii) According to the reports received by the DPSA from State departments that have started to roll out lifestyle audits for their employees, the following employees are being audited:

• Members of the Senior Management Service
• Members of the Middle Management Service
• Supply Chain and Finance employees

(b) (i) (aa) There are four departments which indicated the number of specified lifestyle audits that are still in process:

North West Department of Health – 1402 employees

Limpopo Provincial Treasury – 20 employees

Free State Department of Human Settlements – 2 employees

Northern Cape Department of Agriculture, Land Reform and Rural Development – 109 employees

(b) (i) (bb) Departments who detected no red flags during the lifestyle review process are regarded to have finalised their lifestyle audit process. All departments are expected to complete lifestyle reviews for SMS members at the end of each financial year, and that for the other categories at the end of the second year cycle when they are performing lifestyle audits on those employees. There are seventy (70) departments that have finalised their lifestyle review process which is the first step of the lifestyle audits. These departments did not identify any red flags i.e. unexplained wealth, conflicts of interest, etc. hence there were no referrals for investigation. As a result, the lifestyle review process was finalised.

1 (a) (ii) the following were the findings of the audit:

North West Department of Health – 1402 employees’ financial disclosures were still being reviewed.

Limpopo Provincial Treasury – 20 employees are investigated for non-declaration of vehicles, properties and directorship.

Free State Department of Human Settlements – 2 employees that are being investigated for alleged conducting business with the State.

Northern Cape Department of Agriculture, Land Reform and Rural Development – 109 employees’ financial disclosures were still being reviewed.

(2) The DPSA does not have the mandate to conduct lifestyle audits in the public service. The DPSA plays an oversight role in the implementation of lifestyle audits and provides implementation support to departments. The conducting of lifestyle audits is a decentralised function that must be carried out by the departments each financial year. As a result, departments will apply consequence management measures on the basis of the results of the lifestyle investigation and report outcomes to the Discipline Management Unit at the DPSA.

End

Reply:

a) Of the 305 public servants who are currently on suspension in the Public service, four (4) cases involve a criminal offence. This was reported by the National Prosecuting Authority (NPA). No other reports were received by the DPSA or Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit (PAEIDTAU).

b) The four cases were referred by the NPA to the Directorate for Priority Crime Investigation (DPCI) for criminal investigations.

In terms of section 15 (5) (b) of the Public Administration Management Act, 2014 (PAMA), issues of misconduct emanating from criminal investigations must be reported to the Unit (PAEIDTAU) and the relevant head of institution for initiation and institution of disciplinary proceedings. In 2023, the PAIDTAU will continue to run advocacy programme to improve awareness and compliance with reporting.

End

Reply:

(1) Information pertaining to the 305 public servants who are currently on suspension in the Public Service:
Find here: (i) National Departments:

Reply:

Circulars are issued based on the provisions of an Act for a number of purposes including issuing instructions’ providing clarifications; information; guidance; rules; and/or background information on legislative or procedural matters. As Circulars are issued under the statutory power, they are binding, usually from the date of issue. As Circulars serve different purposes, there will be those with timeframes and those without. In the event where it is a requirement for timeframes, the circular/communication does indicate for the purposes of accountability and commitment. Those without timeframes are often about clarifications or for information sharing.

As mentioned in (a) above Circulars serve different purposes, and sufficient measures are put in place to ensure adherence, accountability and commitment from all those that they are the target audience.

End

Reply:

The Nyukela is a requirement prior to a person being appointed into a SMS post. This is as directed by the Minister for the Public Service and Administration.

a) Heads of Department are required to ensure compliance. This includes ensuring that departments indicate Nyukela on the advert as a requirement prior to the appointment of a person to a SMS post.

b) Departments are required to include the Nyukela as a requirement for appointment when advertising an SMS post. When the DPSA notes that the matter is not addressed in an advertisement that is to be placed in the Public Service Vacancy Circular, it is duly referred back to the Department to correct.

End

Reply:

(1) Whether he will furnish Inkosi R N Cebekhulu with an update on the investigation of the Public Service Commission, especially on the matter of the 2 364 senior managers who have reportedly been found not to possess the relevant qualifications for the jobs that they occupy, with 1 211 senior managers employed at the national level and 1 153 at the provincial level; if not, why not; if so, what are the relevant details;

(2) The Public Service Commission (PSC) has to date, requested information from the Acting Minister for Public Service and Administration (AMPSA) in order to be able to deal with the issue of SMS qualifications properly. The PSC will communicate its findings once information is received from the AMPSA and the analysis thereof is concluded.

End

Reply:

1. It should be noted that majority of senior managers were appointed prior to the implementation of the Public Service Regulations, 2016. As of 30 September 2022, the number of SMS members who were appointed on or after 1 August 2016 and who do not have the requisite qualifications for the positions that they are occupying is 599. Whilst qualifications are critical to the recruitment and selection of senior managers, these alone are insufficient because they cannot be used to infer competence

2. PERSAL is specifically designed for payment of employees’ salaries. It should be noted that although qualifications are captured on PERSAL system, this system does not verify the authenticity of the qualifications.

3. (a) In terms of Regulation 67 (9) (a and b) of the Public Service Regulations, before making a decision on an appointment or the filling of a post, an executive authority shall satisfy herself or himself that the candidate qualifies in all respects for the post and that his or her claims in his or her application for the post have been verified as directed by the Minister, and record that verification in writing.

b) Verification of qualifications is one of the selection process which is done before finalising the appointment. The National Qualification Framework Act imposes a duty on employers to verify any qualifications by submitting to SAQA before appointing prospective employees. It is therefore, the responsibility of Accounting Officers in the departments to verify, through the National Learner Database if the qualifications of SMS members they are appointing are authentic as PERSAL is not the system that verify the authenticity of the qualifications.

End

Reply:

1. The Department of Public Service and Administration (DPSA) has been monitoring the implementation of Regulation 13(c) of the Public Service Regulations and Regulation 8 of the Public Administration Management Act, Act 11 of 2014 since 2019. Since then, the DPSA is monitoring public service employees who are allegedly conducting business with the State, through the Central Supplier Database (CSD), on a monthly basis. The following were the outcomes of the monitoring process[1]:

• As at the end of March 2019, 1068 public service employees were flagged on the CSD to be allegedly conducting business with the State. Out of the 1068, 270 employees were from the national departments while 798 were from provincial departments.
• As at the end of April 2020, 1539 public service employees were flagged on the CSD to be allegedly conducting business with the State. Out of 1539, 428 were from national departments, whilst 1111 emanated from provincial departments.
• As at end of January 2021, 484 employees were flagged on the CSD to be allegedly conducting business with the State. Out of this number, 126 were from national departments, whilest 358 came from the provincial departments.
• As at the end of January 2022, 181 employee were flagged on the CSD to be allegedly conducting business with the State. A total of 44 employees were from national departments, whilst 137 were from provincial departments.

2. a.(i) As at 1 October 2022, a total number of 113 public servants were flagged to be allegedly conducting business with the State. When flagged by the DPSA, the information is shared with departments to verify if the identified employees are still in the Public Service and for departments to investigate if these employees are indeed conducting business with the State. As per the feedback received from departments, three (3) of these public servants are representing government in an official capacity in accordance to Regulation 13(c) of the Public Service Regulations, 2016 and one (1) individual was a part time political advisor (see Table with information obtained from PERSAL and the respective departments). Thus, only 109 public servants are considered to be allegedly conducting business with the State.

(ii) the breakdown of the specified number for each national and provincial department and salary level of each employee (position is not tracked on PERSAL) is shown on the table below:

.

National Department	(b) SALARY LEVEL	Total
Department	02	03	04	05	06	07	08	09	10	11	12	13	14	15	16	35
Trade Industry and Competition														1		1 Status provided: The employee represents the department at the COEGA.
Agriculture, Land Reform, and Rural Development																4 The employee’s salary levels are not specified.
Public Service and Administration												1				2 Status provided: One (1) employee was part-time Special Adviser to the previous MPSA with the contract linked to the term of office.
Water and Sanitation									1			1				2
Higher Education and Training				2		1		1	1		1	1				8 The salary level of one (1) employee was not specified.
Correctional Services							3	1				2		1		8 The salary level of one (1) employee was not specified.
Transport														1		1
Sport Arts and Culture												1				1
Justice and Constitutional Development										1						1
Statistical South Africa																1 The salary level of one (1) employee was not specified.
Basic Education											1					1
Science and Innovation												1				3 Status report: Two (2) of the employees were appointed as Board members of the Biological and Vaccines Institute of SA (BIOVAC).
Government Communication and Information																1 The salary level of one (1) employee was not specified.
Environment, Forestry and Fisheries														1		1
Provincial Department	SALARY LEVEL	Total
Department	02	03	04	05	06	07	08	09	10	11	12	13	14	15	16	78
Eastern Cape (10)
Cooperative Governance & Traditional Affairs							1		1							2
Education										1						2 The salary level of one (1) employee was not specified.
Health											1	2				3
Office of the Premier															1	1
Provincial Treasury												1				1
Roads and Public Works																1 The salary level of one (1) employee was not specified.
Free State (4)
Health				1							1					2
Provincial Treasury												1				1
Education							1									1
Gauteng (3)
Education								1		1						2
Health		1														1
KwaZulu-Natal (17)
Corporate Governance and Traditional Affairs							1									2 The salary level of one (1) employee was not specified.
Education					1				1							4 The salary level of two (2) employees were not specified.
Health	1							1			2					4
Transport																5 The salary level of five (5) employee were not specified.
Office of the Premier												1				1
Social Development							1									1
Western Cape (1)
Transport and Public Works											1					1
Northern Cape (16)
Education					1	1	1			1						9 The salary level of five (5) employee were not specified.
Health		1			1											2
Corporate Governance Human Settlements and Traditional Affairs							2			1						4 The salary level of one (1) employee was not specified.
Agriculture Environmental Affairs Rural Development and Rural Reform																1 The salary level of one (1) employee was not specified.
Limpopo (7)
Education						1			1	1						3
Corporate Governance Human Settlements and Traditional Affairs							1									2 The salary level of one (1) employee was not specified.
Health				1							1					2
Mpumalanga (19)
Education				2	1	2	1			1						7
Health				1												10 The salary level of nine (9) employees were not specified.
Provincial Treasury											1					1
Public Works Roads and Transport								1								1
North West (1)
Health						1										1

 

3. (a) 35 public servants from national departments and 126 from provincial departments were subjected to disciplinary action (based on information provided by departments to the DPSA).

b) The outcome of the disciplinary action taken in each case with regard to each of the national and provincial departments are as follows[2]:

Nationally:

• 18 final written warnings
• 4 one month suspension without pay
• 2 two months suspension without pay
• 1 deceased
• 4 under investigation
• 4 not guilty
• 1 awaiting the outcome of a hearing
• 1 hearing scheduled

Provinces:

• 1 written warning
• 5 final written warning
• 1 contract terminated
• 2 indicated as in another department
• 12 not charging
• 28 out of service
• 14 letters of intention to charge issued
• 2 deceased
• 4 not guilty
• 33 pending
• 8 withdrawn
• 4 resignations
• 1 dismissal
• 2 appointing chairpersons
• 8 under investigation
• 1 retirement

 

(4)(a) Six (06) public servants are currently being investigated by the South African Police Service (SAPS) for conducting business with the State[3].

(b) Status of investigations:

• One (1) case - 1st court appearance will be held on 24 November 2022.
• Two (2) cases were postponed to 18 November 2022 and 16 January 2023, respectively.
• One (1) case is with the Director for Public Prosecutions for decision.
• In two (2) cases, investigating officers were tasked to source more information as per the Court.

(5) A total of seven (07) public servants have been convicted for conducting business with the State as at the latest date. One of the employees were convicted on two separate cases[4].

 

 

1. Information obtained by matching PERSAL and the Central Supplier Database. ↑

2. Information were provided to the DPSA by the implicated departments. ↑

3. Information provided to the DPSA by the SAPS. ↑

4. The information was provided to the DPSA by the National Prosecuting Authority.End ↑

Reply:

1 Strengthening the implementation of Batho Pele principles remains a key priority for the government in building a citizen-centric society.

(a) To ensure that the Batho Pele principles remain valid and relevant, the DPSA has developed a revised Batho Pele revitalisation strategy that Cabinet endorsed in March 2022. The strategy requires the development and implementation of context-specific Batho Pele standards. These standards will ensure that public services are rendered in a specific, effective and efficient manner

(b) Reports from the Office of the Public Service Commission, which monitors adherence to Batho Pele Policy as per its Constitutional mandate to monitor, non-implementation of the Batho Pele principles and Constitutional Values and Principles, non-implementation can impact negatively on service delivery and citizen satisfaction.

2) Quarterly reports on the implementation of Batho Pele principles across the public service are prepared internally within the Department. The Department also uses the Batho Pele Forum which meets on a quarterly basis, to monitor and report on the implementation of Batho Pele with the public service. All these culminate in an annual status report on the implementation of Batho Pele and the level of adherence to the Batho Pele principles.

Reply:

a) Africa Public Service Day (APSD) event was celebrated under the stewardship of the African Union with the theme: “Building resilience in nutrition and food security on the African continent: Accelerate the human capital, social and economic development”.

The comment made by the Deputy Minister during APSD was referring in general to uneven public service delivery in remote rural areas in provinces compared to service delivery in urban and more populated areas of the country. There was thus no specific reference made to any specific service delivery area.

b) The District Development Model (DDM) is one of the initiatives that is used to ensure that public service delivery is prioritised in the areas that are lagging behind in public service delivery. The DDM is an intergovernmental and cooperative governance model, launched by the President in September 2019. The DDM is anchored in the development of a “One Plan” which aims to translate development priorities and objectives into spatial locations (district & metropolitan areas). The plan aims to provide synchronisation and alignment of strategic projects across all spheres of government, organs of state and the private sector, by prioritizing catalytic projects. Through this initiative plus the application of many other service delivery mechanisms (such as the Batho Pele standards, specific support interventions and operations management initiatives) the “almost forgotten” areas of service delivery will be prioritised.

End

Reply:

The National Anti-Corruption Hotline (NACH) is operating from 08h00-16h30 from Monday to Friday. The NACH has a day shift due to capacity constraints as the call centre is manned by only five (5) call centre agents. When all the agents are busy, the other calls will be in the queue are automatically directed to the recording facility. In the month of October 2022, 4093 incoming calls were received by the NACH and 4033 were answered. This is indication that a large volume of calls are answered.

In addition, the Public Service Commission (PSC) has installed a recording facility to allow whistle-blowers to leave messages after hours and over weekends as viable alternative. The call centre agents process the messages and make a follow up where the whistle-blowers provide contact details.

Recorded messages are downloaded from the recording facility and processed accordingly. In cases where whistle-blowers provided contact details, the PSC calls back. However, many whistle-blowers are reluctant to leave their contact details.

End

Reply:

It is envisaged that the Public Service Amendment Bill will be tabled in Parliament in the 2022/2023 financial year.

The delay in processing the Public Service Amendment Bill was due to the fact that the Bill was extensively consulted, including consultations with organised Labour in the relevant bargaining councils. The Bill is currently at NEDLAC.

End

Reply:

(a)The breakdown in the number of backlog of disciplinary cases are as follows:

(i) 2020-21

1st Quarter 1627

2nd Quarter 2188

3rd Quarter and 1722

4th Quarter 1583

 

(ii) 2021-22

1st Quarter 2199

2nd Quarter 2614

3rd Quarter and 2428

4th Quarter 2986

Please note the backlog is calculated as cases that are taking more than 90 days to conclude which is the standard to finalise disciplinary cases in the Public Service.

(b) Backlogs on disciplinary cases do not necessarily cost the state money except showing the failure of departments in meeting the required standard of 90 day to finalise disciplinary cases.

(c) The breakdown of the backlog in each

(i) National

2020-21

1st Quarter 165

2nd Quarter 535

3rd Quarter 195

4th Quarter 196

2021-22

1st Quarter 619

2nd Quarter 978

3rd Quarter and 917

4th Quarter 1263

(ii) Provincial departments

2020-21

1st Quarter 1462

2nd Quarter 1653

3rd Quarter and 1527

4th Quarter 1387

2021-22

1st Quarter 1580

2nd Quarter 1636

3rd Quarter and 1511

4th Quarter 1723

End

Reply:

The Department of Planning Monitoring and Evaluation (DPME) is responsible to oversee and coordinate the entering into performance agreements and the performance evaluations of Heads of Department (HoDs) in line with the Directive on the Performance Management and Development System (PMDS) for HoDs. The Department of Public Service and Administration (DPSA) regularly issues communiques on the PMDS, and specifically on performance contracting and assessments. In order to facilitate the signing of performance agreements, the Minister for the Public Service and Administration in June 2021 directed that the online PMDS system, hosted and maintained by the DPME, is compulsory from the 2021/2022 performance cycle. The details were communicated by DPSA Circular 11 of 2021.

The Director-General of the DPSA conducts quarterly engagements with provincial HoDs and heads of corporate services where among other things the issues of compliance with the PMDS for HoDs and members of the SMS are emphasised. The DPSA in conjunction with the DPME also regularly conduct capacity building workshops with HoDs on request from departments and provincial governments. The next such workshop is planned on 3 November 2022 with the Northern Cape Provincial Government.

End

Reply:

The DPSA does not have the information requested. It is recommended that the member pose the parliamentary question to each government department for a response.

End

Reply:

Government policy and processes aims to uphold the principles enshrined in the Constitution. The Z83 and requirements contained therein are aimed at assisting a selection committee to recruit. Aspects such a race and gender for example, as depicted on the form is requested for purposes of upholding national legislation such as the Employment Equity Act 55 of 1998. Documentation and or forms of any nature are subject to prescribed processes which include consultation and maintaining the principle of an inclusive South Africa.

End

Reply:

1. There was no extension provided to departments, departments are gradually responding to circular HRD0301 by updating data on PERSAL.

2. Below are the responses for question 2 (a) and (b):

a) PERSAL is specifically designed for payment of employees’ salaries. The capturing of qualifications on PERSAL is currently not mandatory and until such time, when capturing of qualification on PERSAL is made mandatory, the Department cannot employ any punitive measures.

b) The Department of Public Service and Administration continues to monitor compliance in terms of the implementation of the PSR, 2016 and the Directive on compulsory capacity development, mandatory training days and minimum entry requirements for members of senior management service. Individual letters are prepared to Head of Departments requesting them to provide proof of qualifications for Senior Managers who were appointed during the implementation of the Public Service Regulations, 2016 and the said Directive.

End

Reply:

a) (i) Total number of public servants currently on suspension with full pay: 305

(ii) Cost to the Government: R 130 964 676,15.

b) (i) Breakdown of suspended public servants in National Departments:

Name of Departments	SMS Member (Level)	Number of Precautionary suspensions cases received	Total cost for Precautionary suspensions
Agriculture, Land reform and Rural Development	14	1	not indicated
Cooperative Governance	14	1	R 2,396,286.82
	14	1	R 2,360,860.58
	13	1	R 1,939,751.03
	14	1	R 426,844.64
Correctional Services	15	1	R 309,095.63
	13	1	R 182,511.67
	15	1	R 238,714.49
Defence	0	1	R 356,171.50
Government Printing Works	0	1	R 22,752.59
Health	0	3	R 95,199.39
Higher Education and Training, Science & Innovation	0	12	R 2,549,231.00
Home Affairs	15	1	R 956,198.25
	14	1	R 859,747.00
	13	1	R 654,631.25
	13	1	R 94,921.50
	0	1	R 790,611.21
	0	1	R 502,049.41
	0	1	R 500,233.08
	0	1	R 199,930.50
	0	1	R 171,056.25
	0	1	R 178,863.75
	0	1	R 163,806.00
	0	1	R 163,806.00
	0	1	R 149,802.00
	0	1	R 184,281.75
	0	1	R 171,056.25
	0	1	R 184,281.75
	0	1	R 171,056.25
	0	1	R 39,747.50
	0	1	R 40,344.50
	0	1	R 40,951.50
	0	1	R 20,781.50
	0	1	R 20,172.25
	0	1	R 20,172.25
	0	1	R 20,172.25
	0	1	R 21,781.00
	0	1	R 94,921.50
Independent police Investigative Directorate	13	6	R -
International Relations and Cooperation	0	1	R 3,158.38
Justice and Constitutional Development	0	1	R 642,798.67
	0	1	R 1,773,149.72
	0	1	R 2,654,793.91
Military Veterans	14	4	R 3,778,958.91
National Prosecuting Authority	14	1	R 292,528.70
		1	R 235,925.36
		1	R 53,470.45
Office of Chief Justice	0	1	R 2,985,711.13
	0	1	R 94,841.55
Public Enterprises	16	1	R 28,734.95
Public Service and Administration	15	1	R 4,951,979.60
Public Works and Infrastructure	16	1	R 3,957,066.00
	0	1	R 89,538.75
Science and Innovation	0	1	R 1,190,868,66
Water and Sanitation	0	3	R 15,651.08
The Presidency	13	1	R 215,374.05
TOTAL	19	79	R 40 257 345,63

(b) (i) Breakdown of suspended public servants in Provincial Departments:

Provinces	Provincial Departments	Number of Precautionary suspensions received	SMS	Total cost for Precautionary suspension
Eastern Cape	Cooperative Governance and Traditional Affairs	0	0	0
	Community Safety	1	0	R 1,208,961.00
	Economic Development, Environmental Affairs and Tourism	0	0	0
	Education	0	0	0
	Health	0	0	0
	Human Settlements	0	0	0
	Office of the Premier	0	0	0
	Provincial Treasury	0	0	0
	Roads and Public Works and Infrastructure	0	0	0
	Rural Development and Agrarian Reform	0	0	0
	Safety and Liaison	0	0	0
	Social Development	0	0	0
	Sport, Recreation, Arts and Culture	0	0	0
	Transport	0	0	0
	Total	1	0	R 1,208,961.00
Free State	Agriculture and Rural Development	3	0	R 2,659,259.57
	Cooperative Governance and Traditional Affairs	0	0	R -
	DESTEA	1	1	R 12,551.07
	Education	1	0	R 187,885.70
	Health	7	0	R 805,249.33
	Human Settlements	2	1	R 2,381,250.03
	Office of the Premier	0	0	R -
	Police, Roads and Transport	0	0	R -
	Provincial Treasury	1	0	R 48,087.60
	Public Works & Infrastructure	2	0	R 145,487.54
	Social Development	1	1	R 41,871.61
	Sport, Arts, Culture and Recreation	0	0	R -
	Total	18	3	R 6,281,642.45
Gauteng	Agriculture and Rural Development	0	0	R -
	Education	4
	Cooperative Governance and Traditional Affairs
	Community Safety	3	0	R 117,978.71
	Economic Development	7	3	R 5,650,621.08
	E-Government	0	0	R -
	Health	No report	No report	No report
	Human Settlements	No report	No report	No report
	Infrastructure Development	9	3	R 1,831,135.27
	Office of the Premier	0	0	R -
	Provincial Treasury	0	0	R -
	Roads and Transport	No report	No report	No report
	Social Development	0	0	R -
	Sports, Arts , Culture and Recreation	No report	No report	No report
	TOTAL	23	6	R 7,599,735.06
Kwazulu-Natal	Agriculture and Rural Development	6	1	R 1,517,725.00
	Arts and Culture	0	0	R -
	Community Safety	0	0	R -
	Co-operative Governance and Traditional Affairs	3	1	R 2,380,756.00
	Economic Development, Tourism and Environmental Affairs	2	2	R 819,973.00
	Education	28	3	R 4,991,434.50
	Health	22	1	R 3,305,739.53
	Human Settlements		0	R -
	Office of the Premier	4	2	R 6,509,741.00
	Social Development	7	5	R 8,394,222.35
	Sport and Recreation	0	0	R -
	Provincial Treasury	0	0	R -
	Public Works	1	1	R 3,376,082.40
	Transport	2	2	R 2,235,369.80
	Total	75	18	R 33,531,043.58
Limpopo	Agriculture and Rural Development	0	0	0
	COGHSTA	0	0	R -
	Education	0	0	R -
	Health	9	0	R No cost indicated -
	Limpopo Depart. of Economic Development, Environment and Tourism	0	0	R -
	Office of the Premier	0	0	R -
	Provincial Treasury	0	0	R -
	Public Works, Roads and Infrastructure	0	0	R -
	Social Development	0	0	R -
	Sports, Arts and Culture	0	0	R -
	Transport and Community Safety.	0	0	R -
	Total	9	0	R -
Mpumalanga	Agriculture, Rural Development, Land and Environment Affairs	0	0	0
	Community Safety, Security and Liaison	4	0	R 195,439.56
	Co-operative Governance and Traditional Affairs	1	0	R -
	Culture, Sports and recreation	0	0	R -
	Economic Development and Tourism	0	0	R -
	Education	5	0	R 2,132,884.31
	Health	14	0	Not indicated
	Human Settlements	0	0	0
	Office of the Premier	2	0	R 509,482.95
	Provincial Treasury	0	0	R -
	Transport, Safety and Liaison	0	0	R -
	Public Works, Roads and Transport	0	0	R -
	Social Development	0	0	R -
	Total	26	0	R 2,837,806.82
Northern Cape	Agriculture, Environmental Affairs, Rural Development and Land Reform	No report	No report	No report
	Cooperative Governance, Human Settlements and Traditional Affairs	0	0	R -
	Economic Development and Tourism	0	0	R -
	Education	12	0	R 5,713,629.00
	Office of the Premier	0	0	R -
	Provincial Treasury	0	0	R -
	Roads and Public Works	4		R 36,189.00
	Sports and Arts and Culture	0	0	R -
	Social Development	2	0	R 270,956.56
	Health	10	0	R 18,740,641.63
	Transport, Safety and Liaison	0	0	R -
	Total	28	0	R 24,761,416.19
North West	Agriculture & Rural development	2	2	R 429,472.00
	Arts , Culture Sports and Recreation	No report	No report	No report
	Corporative Governance & Traditional Affairs	0	0	R -
	Community Safety and Transport Management	0	0	R -
	Economic Development Environment, Conservation & Tourism	1	0	R 210,805.23
	Education	No report	No report	No report
	Health	12	2	R 11,473,472.27
	Human Settlements (New department)	0	0	R -
	Office of the Premier	2	0	R 263,485.50
	Provincial Treasury	0	0	R -
	Public Works and Roads	1	0	R 167,346.62
	Social Development	No report	No report	No report
	Total	18	4	R 12,544,581.62
Western Cape	Agriculture	0	0	R -
	Community Safety	5	4	R 672,487.25
	Cultural Affairs and Sport	0	0	R -
	Economic Development and Tourism	0	0	R -
	Education	7	3	R 155,862.21
	Environmental and Development Planning	0	0	R -
	Health	11	0	R 473,464.83
	Human Settlements	0	0	R -
	Local Government	0	0	R -
	Provincial Treasury	0	0	R -
	Social Development	2	0	R 461,437.61
	The Premier	3	0	R 178,891.90
	Transport and Public Works	0	0	R -
	TOTAL	28	7	R 1,942,143.80
	Grand Total	226	38	R 90 707 330,52

c) Number of senior public servants on precautionary suspension: 57

NOTE: The information used for this response was obtained from the FOSAD reports sent to the DPSA as at 30 June 2022.

End

Reply:

a) The total number of public servants who were dismissed from employment:

(i) (aa) 2019-20 2525

(bb) 2020-21 2295

(cc) 2021-22 3002

(ii) Reason for dismissal:

Reason for dismissal	2019-2020	2020-2021	2021-2022
Alcohol/Narcotic abuse	1	0	0
Criminal offence	0	0	3
Desertion	332	280	354
Dishonourable discharge	288	221	208
Falsifying documents	0	1	3
Insubordination	2	0	0
Misconduct not indicated	1,896	1,786	2,424
Perjury	0	1	1
Poor work performance	2	0	0
Professionally unqualified	0	1	0
Unsatisfactory attendance	4	5	9
Data source: PERSAL

b) Breakdown of the specified number of suspended public servants:

(i) National Departments:

Name of Departments	SMS Member (Level)	Number of Precautionary suspensions cases received	Number of Precautionary suspensions cases finalised
Agriculture, Land reform and Rural Development	14	1	0
Basic Education	0	0	0
Civilian Secretariat for Police	0	0	0
Communications and Digital Technologies	0	0	0
Cooperative Governance	14	1	0
	14	1	0
	13	1	0
	14	1	0
Correctional Services	15	1	0
	13	1	0
	15	1	0
Defence	0	1	0
Employment Law	0	0	0
Forestry, Fisheries and the Environmental Affairs	0	0	0
Government Communications & Information Systems	0	0	0
Government Pensions Administration Agency	0	0	0
Government Printing Works	0	1	0
Health	0	3	0
Higher Education and Training, Science & Innovation	0	12	0
Home Affairs	15	1	0
	14	1	0
	13	1	0
	13	1
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
	0	1	0
Human Settlement	0	0	0
Independent police Investigative Directorate	13	6	0
International Relations and Cooperation	0	1	0
Justice and Constitutional Development	0	1	0
	0	1	0
	0	1	0
Military Veterans	14	4	0
Mineral Resources and Energy	0	0	0
National School of Government	0	0	0
National Treasury	0	0	0
National Prosecuting Authority	14	1	0
		1	0
		1	0
Office of Chief Justice	0	1	0
	0	1	0
Planning , Monitoring and Evaluation	0	0	0
Public Enterprises	16	1	0
Public Service and Administration	15	1	0
Public Service Commission	0	0	0
Public Works and Infrastructure	16	1	0
	0	1	0
Science and Innovation	0	1	0
Small Business Development	0	0	0
Social Development	0	0	0
South African Police Service	0	0	0
Sports, Arts and Culture	0	0	0
Statistics South Africa	0	0	0
Tourism	0	0	0
Trade and Industry and Competition	0	0	0
Traditional Affairs	0	0	0
Transport	0	0	0
Water and Sanitation	0	3	0
Women , Youth and Persons with Disabilities	0	0	0
The Presidency	13	1	0
TOTAL	19	79	0

(ii) Provincial Departments:

Provinces	Provincial Departments	Number of Precautionary suspensions received	SMS
Eastern Cape	Cooperative Governance and Traditional Affairs	0	0
	Community Safety	1	0
	Economic Development, Environmental Affairs and Tourism	0	0
	Education	0	0
	Health	0	0
	Human Settlements	0	0
	Office of the Premier	0	0
	Provincial Treasury	0	0
	Roads and Public Works and Infrastructure	0	0
	Rural Development and Agrarian Reform	0	0
	Safety and Liaison	0	0
	Social Development	0	0
	Sport, Recreation, Arts and Culture	0	0
	Transport	0	0
	Total	1	0
Free State	Agriculture and Rural Development	3	0
	Cooperative Governance and Traditional Affairs	0	0
	DESTEA	1	1
	Education	1	0
	Health	7	0
	Human Settlements	2	1
	Office of the Premier	0	0
	Police, Roads and Transport	0	0
	Provincial Treasury	1	0
	Public Works & Infrastructure	2	0
	Social Development	1	1
	Sport, Arts, Culture and Recreation	0	0
	Total	18	3
Gauteng	Agriculture and Rural Development	0	0
	Education	4	0
	Cooperative Governance and Traditional Affairs	0	0
	Community Safety	3	0
	Economic Development	7	3
	E-Government	0	0
	Health	No report	No report
	Human Settlements	No report	No report
	Infrastructure Development	9	3
	Office of the Premier	0	0
	Provincial Treasury	0	0
	Roads and Transport	No report	No report
	Social Development	0	0
	Sports, Arts , Culture and Recreation	No report	No report
	TOTAL	23	6
Kwazulu-Natal	Agriculture and Rural Development	6	1
	Arts and Culture	0	0
	Community Safety	0	0
	Co-operative Governance and Traditional Affairs	3	1
	Economic Development, Tourism and Environmental Affairs	2	2
	Education	28	3
	Health	22	1
	Human Settlements		0
	Office of the Premier	4	2
	Social Development	7	5
	Sport and Recreation	0	0
	Provincial Treasury	0	0
	Public Works	1	1
	Transport	2	2
	Total	75	18
Limpopo	Agriculture and Rural Development	0	0
	COGHSTA	0	0
	Education	0	0
	Health	9	0
	Limpopo Depart. of Economic Development, Environment and Tourism	0	0
	Office of the Premier	0	0
	Provincial Treasury	0	0
	Public Works, Roads and Infrastructure	0	0
	Social Development	0	0
	Sports, Arts and Culture	0	0
	Transport and Community Safety.	0	0
	Total	9	0
Mpumalanga	Agriculture, Rural Development, Land and Environment Affairs	0	0
	Community Safety, Security and Liaison	4	0
	Co-operative Governance and Traditional Affairs	1	0
	Culture, Sports and recreation	0	0
	Economic Development and Tourism	0	0
	Education	5	0
	Health	14	0
	Human Settlements	0	0
	Office of the Premier	2	0
	Provincial Treasury	0	0
	Transport, Safety and Liaison	0	0
	Public Works, Roads and Transport	0	0
	Social Development	0	0
	Total	26	0
Northern Cape	Agriculture, Environmental Affairs, Rural Development and Land Reform	No report	No report
	Cooperative Governance, Human Settlements and Traditional Affairs	0	0
	Economic Development and Tourism	0	0
	Education	12	0
	Office of the Premier	0	0
	Provincial Treasury	0	0
	Roads and Public Works	4
	Sports and Arts and Culture	0	0
	Social Development	2	0
	Health	10	0
	Transport, Safety and Liaison	0	0
	Total	28	0
North West	Agriculture & Rural development	2	2
	Arts , Culture Sports and Recreation	No report	No report
	Corporative Governance & Traditional Affairs	0	0
	Community Safety and Transport Management	0	0
	Economic Development , Environment, Conservation & Tourism	1	0
	Education	No report	No report
	Health	12	2
	Human Settlements (New department)	0	0
	Office of the Premier	2	0
	Provincial Treasury	0	0
	Public Works and Roads	1	0
	Social Development	No report	No report
	Total	18	4
Western Cape	Agriculture	0	0
	Community Safety	5	4
	Cultural Affairs and Sport	0	0
	Economic Development and Tourism	0	0
	Education	7	3
	Environmental and Development Planning	0	0
	Health	11	0
	Human Settlements	0	0
	Local Government	0	0
	Provincial Treasury	0	0
	Social Development	2	0
	The Premier	3	0
	Transport and Public Works	0	0
	TOTAL	28	7
	Grand Total	226	38

c) Number of SMS on precautionary suspension: 57

NOTE: The information used for this response was obtained from the FOSAD reports sent to the DPSA as at 30 June 2022.

End

Reply:

The Acting Minister for the Public Service and Administration is not aware of the alleged unethical conduct by some human resources offices who want bribes in order to fast-track payment, which is due to retired employees. Employees who are approached to pay bribes, should report that immediately to the SAPS, as it is a criminal offence.

The affected employees can report the alleged corrupt practice to the National Anti-Corruption Hotline 0800 701 701 which is managed by the Public Service Commission, for investigation.

In addition, on 23 September 2022, the Department of the Public Service and Administration (DPSA) issued Circular 47 of 2022, attached herein, on the exit procedure to assist human resources personnel responsible for exits in the Public Service.

Furthermore, the Government Pensions Administration Agency (GPAA) is collaborating with the National School of Government (NSG) to introduce a module aimed at improving and fast-tracking exits in the Public Service.

End

Reply:

a) Based on information obtained from the Central Supplier Database (as at the end of July 2022) and compared to information on the Personnel Salary System (PERSAL), 119 public service employees are registered on the Central Supplier Database with the purpose to tender for business with the State.

However, these 119 employees are not necessarily conducting business with the State. It is possible that some of the employees on the list may have resigned in the meantime, or that they belong to categories that are exempt from this prohibition (such as traditional leaders), or are serving as directors on boards of entities in an official capacity. In terms of Regulation 13(c) of the Public Service Regulations, 2016, employees may conduct business with the State, if they are doing so in an official capacity. Section 8 of the Public Administration Management Act extended the prohibition to special advisors.

To determine whether these employees are indeed conducting business with the State, the name list was shared with the respective departments, requesting them to verify if the employees are still in service, if they are conducting business with the State (be it in a private capacity or in an official capacity) and if any steps are taken against transgressors. In formal letters to the heads of these implicated departments, the DPSA requested the departments to provide monthly feedback on progress made regarding the identified cases, starting from 1 July 2022. The responses of departments received are indicated in the section under (i)). On 7 June 2022, the Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit (in the Department of Public Service and Administration (DPSA)), Police and National Prosecuting Authority convened a workshop for the implicated departments on how to proceed with investigating and prosecuting these cases.

(i) National departments: There are 29 public servants who have been found to be possibly conducting business with the State:

• Agriculture, Land Reform and Rural Development - two public servants
• Correctional Services - six public servants
• Employment and Labour - one public servant
• Higher Education and Training - two public servants
• Home Affairs - two public servants
• International Relations and Cooperation - one public servant
• Justice and Constitutional Development - two public servants
• Mineral Resources and Energy - two public servants
• South African Police Service - four public servants
• Public Service and Administration - two public servants (One was found to be a Special Advisor)
• Public Works and Infrastructure - one public servant
• Science and Innovation - two public servants (both were found to be serving in various Boards as representative of the department)
• Trade, Industry and Competition - one public servant (the official is representing the DTIC at its entity, COEGA)
• Transport - one public servant

(ii) Provincial departments: There are 90 public servants who are possibly conducting business with the State:

Eastern Cape has 16 public servants

• Education - nine public servants
• Health - four public servants
• Office of the Premier - one public servant
• Sport, Recreation, Arts and Culture - one public servant
• Transport - one public servant

Free State has 6 public servants

• Education - four
• Health - one
• Provincial Treasury - one

Gauteng has 7 public servants

• Education - two
• Health - four
• Human Settlements - one

KwaZulu-Natal has 16 public servants

• Agriculture and Rural Development - one
• Education - four
• Health - six
• Transport - five

Limpopo has 12 public servants

• Co-operative Governance Human Settlements and Traditional Affairs - two
• Education - five
• Health - five

Mpumalanga has 19 public servants

• Community Safety, Security and Liaison - one
• Education - seven
• Health - eleven

North West has 1 public servant

• Health - one

Northern Cape has 11 public servants

• Agriculture Environmental Affairs, Rural Development and Land Reform - two
• Economic Development and Tourism - one
• Education - three
• Health - five

Western Cape has 2 public servants

• Education - one
• Health - one

2. In provincial departments, three (3) public servants on senior management level (positions ranging from Salary level 13 to 16) were found to be possibly conducting business with the State. In National departments, eight (8) public servants held senior positions. As indicated, the figure is still to be verified with the affected departments.

End

Reply:

1. The dates on which each of the Chief Directors, currently earning a salary at salary level 15, were appointed on this salary level at the (a) national and (b) provincial level are indicated in the table below:

Dates on which each of the Chief Directors earning a salary at salary level 15 were appointed on that level
as on 28 February 2022
Province	Department	Component	Job title	Event date
Eastern Cape	Education		Chief Director: Financial Management Services	2021-10-01
Free State	Office of the Premier		Chief Director	2006-01-01
Gauteng	Human Settlements		Chief Director	2013-12-01
	Office of the Premier		Chief Director	2010-08-01
				2014-04-01
	Provincial Treasury	Infrastructure Financing Agency	Chief Director	2013-09-01
			Chief Director: Project Finance	2016-11-01
		Provincial Treasury	Chief Director	2000-11-01
KwaZulu-Natal	Finance		Chief Director: Municipal Finance	2010-12-01
	Public Works		Chief Director: Corporate Services	2003-05-01
Limpopo	Economic Development, Environment and Tourism		Chief Director: Commercial Operation	2017-06-01
National	Agriculture, Land Reform and Rural Development		Chief Director: Monitoring & Evaluation	2009-12-01
			Chief Director: National Rural Youth Service Corps	2010-12-01
			Chief Director: Policy Research	2012-04-01
	Basic Education		CD: Strategic Planning Research & Co-Ordination	2011-10-01
	Environment, Forestry and Fisheries		Chief Director L14	2008-04-01
				2012-01-01
				2012-04-01
	Government Communication and Information System		Chief Director: Content And Writing	2009-04-01
			Chief Director: Entity Oversight	2015-07-01
			Chief Director: Provincial And Local Liaison	2013-03-01
	Health		CD: CCOD & Occupational Health	2014-12-19
			Chief Director	2010-04-01
	Mineral Resources and Energy		Chief Director: Economic Growth & Global Relations	2014-06-11
	National Treasury	Government Technical Advisory Centre	Chief Director: Financial Management	2008-12-01
			Chief Director: Transaction Advisory Services	2007-09-01
		National Treasury	Chief Director: Legal Tax Design	2014-05-01
			Chief Director: Legislation	2008-07-01
			Chief Director: Regulatory Impact Assessment	2005-11-01
			Chief Director: Tax Specialist	2009-01-26
			Chief Director: Technical Support Services	2013-09-01
			Chief Director: Information Technology	2012-02-01
			Chief Director: Legal Services	2012-04-01
	Planning, Monitoring and Evaluation		Chief Director: Education & Skills	2010-08-01
			Chief Director: Frontline Monitoring & Support	2016-12-01
			Chief Director: Health	2013-04-01
			Chief Director: Social Cohesion Protection & Gender	2011-04-01
	Public Service and Administration		Chief Director: Human Resource Development.	2012-12-01
	Statistics South Africa		Chief Director: Price Statistics	2012-05-01
			Chief Director: Programme Office	2002-05-01
	Trade, Industry and Competition		Cd: Investment Promotion & Facilitation	2015-04-01
			Chief Director: Consumer And Corporate Regulation	2014-05-01
Western Cape	Transport and Public Works		Chief Director	2001-02-01
Data source: PERSAL

2. The reason why the KwaZulu Natal Department of Health is paying the Chief Director: IDMTS on salary level 16 is because an offer of employment was made to him, by the Development Bank of South Africa, on a salary package which fell within salary level 16 in the Public Service. In order to retain his services, a counter-offer was made by the department on the nearest higher salary package compared to the offer received.

The Chief Director in the Gauteng Department of Economic Development, paid on salary level 16, was appointed as the Chief Executive Officer (CEO) of the Cradle of Humankind World Heritage Site and Dinokeng Projects on 1 January 2022. This was done in accordance with the approved organisational and salary structure below:

3. The appointments of heads of departments on salary level 15 and others on salary level 16 is based on the service delivery model of the departments. Furthermore, the size of the departments is also taken into consideration, including client group, geographical distribution and the availability of funds within the Department. As a result, the upgrading of the Head of the Department leads to the upgrading of the lower level posts including the performer level and such leads to an increase in the compensation of employees (CoE), hence the discrepancies of salary levels.

4. This information resides with the Department of Basic Education and will be submitted to the Honourable Member as soon it is available.

End