ATC220302: Report of the Portfolio Committee on Public Service and Administration on the Recommended Candidates for Appointment by the President to serve as Commissioners for the National Public Service Commission, 02 March 2022

Public Service and Administration

Report of the Portfolio Committee on Public Service and Administration on the Recommended Candidates for Appointment by the President to serve as Commissioners for the National Public Service Commission, 02 March 2022

 

The Portfolio Committee on Public Service and Administration (the Committee) having considered a request by the President of South Africa, requesting the National Assembly to recommend fit and proper persons in accordance with section 196(8)(a) of the Constitution, to fill vacancies of commissioners for the Public Service Commission, reports as follows:

 

1. BACKGROUND

 

1. The Public Service Commission is an independent institution established in terms of Chapter 10 of the Constitution, 1996. It derives its mandate from section 196 of the Constitution, which sets out the values and principles governing public administration. The Constitution stipulates that there is a single PSC for the Republic of South Africa, which consist of 14 commissioners. Section 196 (7)(a) of the Constitution stipulates that five commissioners are approved by the National Assembly in accordance with subsection (8)(a). Section 196(10) states that a commissioner is appointed for a term of five years, which is renewable for one additional term only.

 

1. INTRODUCTION

 

1. A letter dated 29 September 2021 was received from the President of South Africa, requesting the National Assembly to recommend fit and proper persons in accordance with section 196(8)(a) of the Constitution, to fill vacancies that would occur when the term of office of Adv. RK Sizani, Ms CP Nzimande and Dr TB Luthuli as commissioners in the Public Service Commission comes to an end in January 2022 (see ATC 136-2021).  The Speaker referred the matter to the Portfolio Committee on Public Service and Administration.

 

1. In designing an advert, the Committee was guided by a legal opinion on “fit and proper person” from the Constitutional and Legal Services of Parliament pertaining to the constitutional requirements for a commissioner in the Public Service Commission (PSC). The words “fit and proper person” in respect of the appointment of a PSC commissioner as set out in both the Constitution and the Public Service Commission Act, 1997 (Act No.46 of 1996) was rigorously interpreted and clarified.

 

1. In terms of the legal interpretation, it is commonly accepted that in order to be a “fit and proper person” a person must show integrity, reliability and honesty as these are the characteristics which could affect the relationship between such a person and the public. The Courts have also interpreted the requirement of “fit and proper person” and have held that the “fit and proper person” standard is a value judgement.

 

1. According to 09th Edition Rules of the National Assembly, Rule 229 indicates that “a portfolio committee may appoint a subcommittee from among its members to assist the committee. On 01 December 2021, the Portfolio Committee established the subcommittee to shortlist and interview candidates. The subcommittee comprised of the following members:

African National Congress:

James, Mr TH (Chairperson)

Mgweba, Ms T.

Kibi, Ms MT.

Malomane, Ms VP.

Democratic Alliance:

Schreiber, Dr LA.

 

Economic Freedom Fighters:

Komane, Ms RN.

 

National Freedom Party:

Sibisi, Mr CHM.

 

1. On 12th November 2021, the Committee placed an advert in various national newspapers calling on members of the public who are fit and proper persons to apply for the vacancies at the PSC. The advert closed on 03rd December 2021.

 

1. PROCESS UNDERTAKEN

 

1. The Committee received 146 applicants who responded to the advert to serve as a commissioner of the Public Service Commission. Since the Constitution and the Public Service Commission Act of 1997 do not prescribe the requirements, the subcommittee agreed on the criteria to be considered for purpose of shortlisting candidates. The following criteria were generally applied:

• Principle of fit and proper person.
• Demonstration of strong work ethic and integrity.
• Extensive knowledge of and skill in government system.
• Understanding of and/or previous experience with the Public Service Commission.
• Appropriate and extensive experience in senior management level in either public or private sector.
• Understanding of the National Development Plan and the mandate of the Public Service Commission.

 

1. The subcommittee discharged its duties conscientiously in screening 146 applicants’ curriculum vitaes. The subcommittee had agreed on a specific number of candidates to be shortlisted. The subcommittee resolved to shortlist the following seventeen (17) candidates for the interviews:

 

1. Mr Jafet Ferdinand Victor
2. Dr William Khotso De Wee
3. Mr Theodore Madoda Sefuba
4. Mr Thabo Guy Monyanyedi
5. Mr Maseala David Kekana
6. Ms Zukiswa Mqolomba.
7. Mr Themba Thomas Cyril Dlamini
8. Dr Tholumuzi Bruno Luthuli
9. Ms Anita Thelma Marshall
10. Ms Nancy Nomah Ngwenya
11. Mr Bhekizenzo Tembe 
12. Ms Odette Retana Ramsingh 
13. Ms Nkele Linah Mogolane
14. Prof Nicolaas Johannes Jacobus Olivier
15. Prof Mandlenkosi Stanley Makhanya
16. Ms Thusani Matshele Mulaudzi
17. Ms Mpho Janet Digojane

 

1. INTERVIEW PROCESS

 

1. As per the advert requirements, applicants were subjected to security clearance. All candidates’ details were submitted for the security clearance process.

 

1. All shortlisted candidates were invited to attend the interview scheduled for 16-17 February 2022.

 

1. Parliament Support Staff drafted guidelines and interview questions framework to advise members of the subcommittee on conducting interviews. Candidates were given topics for the presentation; one for day one and one for day two. The interview was based on two phases, presentation-specific and structured generic interview questions. The subcommittee adopted both the outline and guidelines comprising of structured interview questions for the purpose of ensuring fairness of the process. All candidates were asked similar generic questions and presentation-specific questions in relation to their presentations; and assessed fairly in relation to individual capabilities, competency and skills relevant to job requirements.  

 

1. Candidates were split into two groups over the two days - nine (9) candidates for day one and eight (8) candidates for day two.

 

1. As part of the recruitment process, the Committee has requested the Department of State Security Agency to vet shortlisted candidates in order to determine the fit and proper person to be recommended for the appointment by the President. Due to the delays encountered regarding the security clearance, the Committee referred the matter to the Presidency Office to ensure consideration of the vetting report by the Department of State Security Agency prior the appointment.

 

1. RECOMMENDATIONS

 

1. The Portfolio Committee resolved to recommend three candidates to the National Assembly in terms of section 196(8)(a) of the Constitution, for the appointment by the President to serve as commissioners for the Public Service Commission, who are as follows:

1. Ms Zukiswa Mqolomba
2. Ms Nancy Nomah Ngwenya
3. Prof Mandlenkosi Stanley Makhanya

 

 

1. The Committee has ensured that a mix of candidates are recommended for the appointment by the President, which includes persons living with disability, women and youth.

 

1. Having encountered delays with regard to the security clearance, the Office of the Presidency should consider pursuing the matter with the Department of State Security Agency prior to the appointment of the candidates recommended above to serve as commissioners for PSC, since the information on fingerprints is still outstanding from the State Security agency.   

 

1. In terms of the Public Service Commission Act of 1997, once appointed “a commissioner shall not hold office in any political party or political organisation. A commissioner shall not, without the consent of the President, perform or engage himself or herself to perform any remunerative work outside the duties of his or her office”. This provision of the Public Service Commission Act of 1997 ensures that the Commission remains independent and impartial from any political influence.

 

1. CONCLUSION

 

1. The Portfolio Committee is therefore confident that the candidates recommended above for the appointment have a clear understanding, expertise, skills and knowledge of the mandate of the Public Service Commission.

 

Report to be considered.