Questions & Replies: Public Service & Administration

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2015-03-11

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Reply received: April 2015

QUESTION NUMBER: 697        

Mr J J McGluwa (DA) to ask the Minister of Public Service and Administration:

 (1)       Whether, following the meeting of the Portfolio Committee on Public Service and Administration on 4 March 2015, where the results of a qualifications audit were announced and in which 640 cases of public sector officials faking or misrepresenting their qualifications were revealed, these officials will be dismissed from their current positions; if not, why not;

(2)        (a) does he intend to name (i) each of the officials and (ii) their various positions and (b) what steps has his department taken to deal with each of these officials and their dishonest misrepresentations?                                                                              NW845E

REPLY:                                                                                                                 

(1)      The issue referred to is largely dealt with internally by recruiting government department. 

 

(2)(a)(b)          Measures have been instituted, which include investigations into the allegations of misrepresentations, outcomes of these investigations will clarify specific instances of misrepresentation and will also assist relevant Executive Authorities to institute disciplinary processes.

 

Reply received: April 2015

QUESTION NO.: 663                                                                    

Mr M G P Lekota (Cope) to ask the Minister of Public Service and Administration:

Whether the undertaking by his department to improve transparency, responsibility and accountability in the public service through the implementation of the standardised delegation principles and templates has now been (a) implemented, (b) monitored and (c) analysed; if not, why not; if so, what progress is being made in significantly accentuating transparency, responsibility and accountability and thereby efficiently manage the risk of (i) corruption and (ii) futile expenditure?                                                                                  

   NW793E

REPLY

(a)        Implementation

  1. To achieve the vision of the National Development Plan for building a capable and developmental state, the Cabinet, on 7 August 2013, approved the Principles of Public Administration and Financial Management Delegations, including Templates.

This framework clarifies that Executive Authorities be involved in appointments and human resources management (HRM) at the top administrative levels (for example, levels 15 and 16), while giving officials the authority to make decisions about whom to appoint  at more junior levels.

 

2.         Subsequently, the Minister for Public Service and Administration approved the Directive on Public Administration and Management Delegations on 4 August 2014 so as to establish norms and standards for public administration and management delegations.

 

3.         This Directive was presented to provincial executive councils, workshops were also held with national and provincial departments. The Department of Public Service and Administration provides hands on support to departments and also populate the prescribed delegation registers.

 

4.         The Delegation Registers are populated with the latest amendments to the Public Service Act and the Public Service Regulations. These populated Registers are also available on the website of the Department of Public Service and Administration.

 

(b)(c)    Monitoring and Analysis

 

6.         In order to progressively improve and assess the quality of delegations, departments are required in terms of the Directive issued by the Minister for Public Service and Administration to submit signed delegation registers as at 31 March 2015, by no later than 31 May 2015 to the Department of Public Service and Administration.

 

7.         The Monitoring and Evaluation of delegations have been incorporated as a key performance area into the Management Performance Assessment Tool (MPAT) of the Department of Performance Monitoring and Evaluation. The 2015 MPAT moderation has been scheduled for the third (3rd) quarter (November 2015) to assess the implementation of the Directive. Following the aforementioned processes a report on compliance will be submitted to the Minister in the 4th fourth quarter.

 

8.         In addition, the Directive also provides that departments implement processes to efficiently manage risks associated with delegated powers which include –

  1. Provision for Heads of Department to nominate a Delegation System Administrator who is responsible for managing the department’s system of public administration and financial delegations. This Administrator will also maintain a separate Consolidated Register of Delegated Officials for both public and financial administration (these are lists of names of all employees holding delegations).

 

  1. The Internal Audit Unit to validate that the system of delegation is in place and report its findings to the Head of Department.

 

(c)        The Auditor-Committee to assess the effectiveness of the department’s internal control systems and associated risks as it relates to delegations. 

 

(d)        The Auditor-General to audit delegated decisions by delegated officials and determined if appropriate processes were followed including compliance to legislative and regulatory prescripts.

 

(e)        Legal Service Units of departments to validate the quality and legal soundness of public administration delegations and report its findings to the Head of Department and internal Audit.

 

 

Reply received: April 2015

QUESTION NO.: 167                

Mr A P van der Westhuizen (DA) to ask the Minister of Public Service and Administration:

(1)      With reference to the reply of the Minister of Communications to question 1031 on 27 November 2014, what was the total amount that (a) his department and (b) each of its entities (i) spent on and/or (ii) budgeted for advertising for each month between 1 January 2013 and 31 July 2014, excluding expenditure transferred through the Department of Communications for advertising;

 

(2)      does such figure for each month represent the (a) total value of advertising that appeared in the media in that month, (b) amount paid in that month for advertising that may have appeared previously or (c) amount paid in advance for advertising that appeared at a later date;

 

(3)      in each specified case, what amount did (a) his department and (b) each of its entities spend on advertising in (i) print, (ii) radio, (iii) television, (iv) online and (v) outdoor;

 

(4)      in each specified case, what is the breakdown of advertising by (a) his department and (b) each of its entities in terms of (i) name of and (ii) amount spent on each (aa) publication, (bb) radio station, (cc) television station, (dd) website and (ee) billboards location in each province?                                                                                      NW175E

 

                       

REPLY

(1)(2)(3)(4) refer to attached link for Annexure A : /files/RNW167A-150428.doc and Annexure B /files/RNW167B-150428.docx

 

Reply received: February 2015

QUESTION NO.: 94                  

Mrs A M Dreyer (DA) to ask the Minister of Public Service and Administration:

(1)      What (a) targets, (b) criteria or (c) guidelines have been set by his department for the measurement of Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit outputs;

 

(2)      how will the (a) powers and (b) functions of the specified unit differ from those of the (i) National Prosecuting Authority, (ii) Directorate for Priority Crime Investigation (Hawks), (iii) Special Investigating Unit and (iv) Anti-Corruption Unit within the SA Revenue Service?                                                                                                

   NW96E

REPLY                                                                                                                  

  1. (a)(b)(c) The Department of Public Service and Administration is yet to set out targets, criteria or guidelines for the measurement of outputs for the Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit. The process for establishing the Unit, which includes the development of a business case for the Unit, will outline the outputs that the Unit will seek to achieve. The department commenced with this process in January 2015.

 

  1. (a)(b)(i)(ii)(iii)(iv)The business case will determine the organisational form that shall be adopted for the Unit. However, the Unit will certainly be different from existing anti-corruption agencies as follows:

 

Institution

Powers

Functions

 

Public Administration Ethics, Integrity and Discipline Management Technical Assistance Unit

The Unit may perform its functions in respect of—

  • a national department or national government component, in consultation with the executive authority of such department or component, or upon the request of the relevant executive authority;
  • an Office of the Premier, provincial department or provincial government component with the concurrence of the Premier, or upon the request of the relevant Premier; and
  • a municipality with the concurrence of the Municipal Council or upon the request of the relevant Municipal Council, or upon the request of the relevant Member of the Executive Council in respect of an investigation contemplated in section 106(5) of the Municipal Systems Act, 2000 (Act No. 32 of 2000).

 

  • To provide technical assistance and support to institutions in all spheres of government regarding the management of ethics, integrity and disciplinary matters relating to misconduct in the public administration;
  • to develop the norms and standards on integrity, ethics, conduct and discipline in the public administration;
  • to build capacity within institutions to initiate and institute disciplinary proceedings into misconduct;
  • to strengthen government oversight of ethics, integrity and discipline, and where necessary, in cases where systemic weaknesses are identified, to intervene;
  • to promote and enhance good ethics and integrity within the public administration; and
  • to cooperate with other institutions and organs of state to fulfil its functions.

National Prosecuting Authority

The National Prosecuting Authority has the power to:

  • Institute and conduct criminal proceedings on behalf of the State.
  • Carry out any necessary functions incidental to instituting and conducting such criminal proceedings (this includes investigation).
  • Discontinue criminal proceedings.

 

  • Institute and conduct criminal proceedings on behalf of the State.
  • Carry out any necessary functions incidental to instituting and conducting such criminal proceedings (this includes investigation).
  • Discontinue criminal proceedings.

 

 

 

 

 

 

 

The Directorate for Priority Crime Investigation

  • The Directorate for Priority Crime Investigation has been established as an independent directorate within the South African Police Service to combat, investigate national priority crimes such as organized crime, serious commercial crime and serious corruption.
  • The Directorate for Priority Crime Investigation is  responsible for the combating, investigation and prevention of national priority crimes such as serious organized crime, serious commercial crime and serious corruption in terms of Section 17B and 17D of the South African Police Service Act, 1995

Special Investigating Unit

  • The SIU has wide powers to investigate a whole range of offences, including corruption, maladministration and fraud.

 

  • The SIU will either use an existing Proclamation from the President, or obtain a new one if necessary, that will set out their powers

 

  • If the investigation shows that corruption has taken place, the SIU will refer it to the National Prosecuting Authority for prosecution, or the President can set up a Special Tribunal to hear the matter.

 

  • Investigate corruption, serious maladministration, improper conduct and unlawful expenditure of public money or property within state institutions.
  • Deal with civil recovery of assets and money owed to state institutions.
  • Taking action to prevent losses to State assets and

money

  • Refer evidence of criminal conduct to the prosecuting authorities.

 

Anti-corruption and Security - SARS

The Anti-Corruption and Security Unit (ACAS) is a dedicated unit within SARS that investigates all corruption and bribery allegations that involve SARS personnel.

 

Conducts investigation of allegations and acts of corruption and bribery committed by anyone against SARS processes, systems and assets.