ATC240214: Report of the Portfolio Committee on Public Service and Administration on the Public Administration Management Amendment Bill [B10 – 2023] (National Assembly – sec 76)], dated 14 February 2024

Public Service and Administration

Report of the Portfolio Committee on Public Service and Administration on the Public Administration Management Amendment Bill [B10 – 2023] (National Assembly – sec 76)], dated 14 February 2024

 

 

1.Background and Referral of the Bill

 

The Portfolio Committee on Public Service and Administration (“the Committee”) having considered the Public Administration Management Amendment Bill [B10-2023] referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 76 Bill, reports the bill with amendments [B10A-2023] as follows:

On 05 May 2023, the Speaker through ATC No 58—2023, of the Sixth Parliament, introduced and referred the bill to the Portfolio Committee on Public Service and Administration of the National Assembly the Bill, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160. The bill was published in the Government Gazette No 48449 on 21 April 2023.

 

2.Objects of the Bill

The objects of the Bill are to:

1. To amend the Public Administration Management Act, 2014, so as to further provide for the transfer and secondment of employees;
2. to provide clarification regarding the prohibition against employees conducting business with organs of state;
3. to provide for the National School of Government to be constituted as a national department;
4. to provide for the removal of employment disparities across the public administration;
5. to provide for the co-ordination of the mandating process for collective bargaining in the public administration;
6. to amend the Schedule so as to effect certain consequential amendments; and
7. to provide for matters connected therewith.

3.Parliamentary process

3.1 The Committee placed an advertisement on national newspapers and on the Parliament website from 30 June to 11 August 2023, requesting interested stakeholders to submit written submissions on the bill.

3.2 The following organisations and individuals submitted written and oral inputs to the Committee: Nomfundo Tefu, Local Government Advocacy Learning Network (LGALN); NEHAWU; Western Cape Province; Public Affair Research Institute; City of Cape Town; COSATU and City of Tshwane.

3.3 On 13 September 2023, the Committee received an analysis of the written submission on the Bill. On 17 October 2023, the Committee held physical public hearings in Parliament, to solicit oral submissions from stakeholders and members of the public. The Committee further extended the invitation for oral submissions to the Auditor- General South Africa, the Presidency and the Socio-Economic Impact Assessment (SEIA) Unit to provide their inputs on the Bill.

3.4 The Department of Public Service and Administration and the Parliament Constitutional and Legal Services Unit responded to both written and oral submissions on the Bill. Having received written and oral submissions and the Department having responded on the Bill, the Committee incorporated all inputs, deliberated and approved the Public Participation (Hearings) Report on the Public Administration Management Amendment Bill.

3.5 National Assembly Rule 286(4)(i) requires that “the Committee, after due deliberation, must consider a “Motion of Desirability” on the subject matter of the Bill and, if rejected, must immediately table the Bill and its report. The Committee agreed that the Public Administration Management Amendment Bill (B10-2023) was desirable. Thereafter followed by the deliberations on the Bill.

3.6 On 15 November 2023, the Committee deliberated on the A-version of the Bill [B10A-2023] , followed by clause-by-clause deliberations to ensure that all changes have been incorporated.

3.7 On 14 February 2024, the Committee considered and adopted both A and B versions of the Bill as a true reflection of the committees’ deliberations. The following Political Parties expressed their views:

Democratic Alliance and Economic Freedom Fighters reserves the right to the Bill

African National Congress supports the Bill

 

4 Recommendation

 

The Portfolio Committee on Public Service and Administration recommends that the House adopts the report on the bill and approve the second reading of the Public Administration

Management Amendment Bill [B10B -2023].

Report to be considered