ATC230502: Report of the Portfolio Committee on Public Service and Administration on the Recommended Candidate to the National Assembly for the Appointment by the President to Serve as a Commissioner for the National Public Service Commission. Dated: 02 May 2023

Public Service and Administration

Report of the Portfolio Committee on Public Service and Administration on the Recommended Candidate to the National Assembly for the Appointment by the President to Serve as a Commissioner for the National Public Service Commission. Dated: 02 May 2023

 

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 person in accordance with section 196(8)(a) of the Constitution, to fill vacancy of commissioner 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 23 November 2022 was received from the President of South Africa, requesting the National Assembly to approve a person to be appointed as a commissioner in the Public Service Commission, in terms of the Public Service Commission Act, 1997, (see ATC 187-2022).  The Speaker referred the matter to the Portfolio Committee on Public Service and Administration for further processing.

 

1. When drafting 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 29 November 2022, the Portfolio Committee established the subcommittee to shortlist and interview candidates. The subcommittee was composed of the following members:

African National Congress:

James, Mr TH (Chairperson)

Mgweba, Ms T

Kibi, Ms MT

Malomane, Ms VP

 

 

Democratic Alliance:

Gondwe, Dr M

 

Economic Freedom Fighters:

Komane, Ms RT

 

National Freedom Party:

Sibisi, Mr CHM

 

1. On 09th December 2022, 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 vacancy at the PSC. The advert closed on 23rd December 2022.

 

1. PROCESS UNDERTAKEN

 

1. The Committee received 69 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.
• Demonstrate strong work ethic and integrity.
• Extensive knowledge and skill of government system.
• 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 69 applicants’ curriculum vitae. Initially the subcommittee agreed to shortlist 12 candidates. In shortlisting, the Committee ensured inclusion of people with disabilities, women and youth form part of the shortlisted candidates. The subcommittee resolved to shortlist the following seven (7) candidates for the interviews, which are as follows:

1. Ms Mandisa Fatyela
2. Ms Refilwe Precious Stephina Sebela
3. Ms Rossouw Melene Cynthia
4. Mr Errol Vincent Magerman
5. Mr Bhekizenzo Tembe
6. Mr Theodore Madoda Sefuba
7. Dr Sifiso Benedict Khumalo

 

One candidate (Ms Rossouw Melene Cynthia) withdrew from the process prior the date of the interviews.

 

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 08th March 2023.

 

1. Parliament Support Staff drafted guidelines and interview questions framework to advise members of the subcommittee on conducting interviews. Candidates were given topic for the presentation. The interview was divided into two phase, presentation and structured interview questions. The subcommittee adopted both the outline and guidelines comprising of structured interview questions for the purpose of ensuring fairness in the process. All candidates were asked similar questions and assessed fairly in relation to individual capabilities, competency and skills relevant to the job requirements.  

 

1. The Committee received final security clearance report from the Department of State Security Agency to guide the process to ensure fit and proper person get recommended for the appointment. The appointment was therefore guided by the vetting report.

 

1. RECOMMENDATIONS

 

1. The Portfolio Committee resolved to recommend Mr Errol Vincent Magerman to the National Assembly in terms of section 196(8)(a) of the Constitution, for the appointment by the President to serve as a commissioner for the Public Service Commission. According to Section 196 (10) of the Constitution, “a commissioner is appointed for a term of five years, which is renewable for one additional term.  

 

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 above recommended candidate for the appointment has a clear understanding, expertise, skills and knowledge of the mandate of the Public Service Commission.

 

Report to be considered.