Appointment of the Commissioner Public Service Commission: Procedures and Processes

1. PRESENTATION TO THE PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATION 11 November 2014 JULIUS NGOEPE APPONTMENT OF THE COMMISSIONER PUBLIC SERVICE COMMISSION (PSC)

2. Introduction • This presentation focuses on the procedures and processes that need to be followed when appointing the Public Service Commission Commissioner. • Parliament advertised the position with the first advert published on 24 October 2014 on the national newspapers and closing date of 07 November 2014 at 16H00. • 201 number of applicants have shown interest on the position

3. Legislative Mandate • The following legislations are applicable: • The Constitution of the Republic of South Africa, Act 108 of 1996; • The Public Service Commission Act of 1997

4. Background • Chapter 10 of the Constitution, Section 195 and 196 of the Constitution play pivotal role when short listing and conducting the interviews • Section 196 guides Committee in this regard sub-committee on the process to be followed when shortlisting candidates to meet the requirements as outlined in the Constitution and; • Section 196 (a) stipulates that a commissioner appointed in terms of subsection (7)(a) • (i) recommended by a committee of the NA that is proportionally composed of members of all parties represented in the Assembly; and • (ii) approved by the Assembly by a resolution adopted with a supporting vote of a majority of its members • The successful candidate must have a potential and ability to provide governance and strategic direction to the PSC.

5. Overview of applicants • A total of 201 applications were received. • However, the Portfolio Committee needs to deliberate on the following and have a way forward: • Candidates disqualified based on qualifications not matching requirements and some due to lack of sufficient work experience such as interns • Most of the applicants have Masters degrees in different fields • Some candidates did not have strategic and 4 year leadership experience and operated in the middle management in various institutions.

6. The Power and Functions of the Commission • The following are key responsibilities of the PSC: • To promote the values and principles set out in section 195, throughout the public service; • To investigate, monitor and evaluate the organisation and administration, and the personnel practices, of the public service; • To propose measures to ensure effective and efficient performance within the public service; • To give directions aimed at ensuring that personnel procedures relating to recruitment, transfer, promotions and dismissals comply with the values and principles set out in section 195; and • To report in respect of its activities and the performance of its functions, including any finding it may make and directions and advice it may give and to provide an evaluation of the extent to which the values and principles set out in section 195 are complied with.

7. Short-listing of suitable candidates • The short-listing procedure is critical, because the Committee must reduce all the applications received to a maximum of less than 10 shortlisted candidate to contest for the post. • Committee support staff compiled summary of candidates applied including the name, relevant qualifications and experience etc of each applicant so that unsuitable applicants may be eliminated to ease the process. • However, the Committee may decide to go CV by CV or other means in order to safe time as long the process is fair and transparent. • The Committee should or must adhere to section 196 (2), (4) and (10) of the Constitution when considering applications.

8. Procedure to be followed when appointing the Commissioner • The Committee should or must adhere to section 196 (2), (4) and (10) of the Constitution when considering applications. The emphasise should be on section 196 (10): • A commissioner is appointed for a term of five year, which is renewable for one additional term only, and must be a woman or a man who is- • a South African Citizen; and • (b) fit and proper person with knowledge of, or experience in, administration management or the provision of public service • The sub-committee should consider shortlisting candidates who will provide in-depth knowledge and experience about the public service in particular; • how his/her presentation and his/her deliberation fit to the role of the Public Service Commission by providing current practical examples

9. Procedure to be followed when appointing the Commissioner (cont..) • Decide whether the Committee members should declare their interest in terms of shortlisted candidates who are know by them to ensure fairness. • (ii) interview, in a public and transparent manner, each of the candidates whose names appear on the short-list; and • (iii) The Committee to deliberate on the two best candidates after interviewing shortlisted candidates with the option of selecting1st successful candidate and 2nd best candidate. Selecting two candidates always assist the Committee to manage risk of, if 1st candidate decline the post. • (iv) The Committee would therefore compile report to the NA. The NA will approve by a resolution adopted with the supporting vote of a majority of its members.

10. Procedure to be followed when appointing the Commissioner The President will, on recommendation of Parliament appoint the candidate.

11. Concluding Remarks THANK YOU,