Challenges in Filling Public Service Posts and Meeting Gender and Disability Targets

1. PSC PRESENTATION TO THE PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATION AS WELL AS PERFORMANCE MONITORING AND EVALUATION 04 MARCH 2015

2. Outline of the Presentation • Introduction and problem statement • Filling of posts • Verification of qualifications and security vetting • Gender equity targets at SMS • Equity targets for people with disabilities • Conclusion

3. Introduction and problem statement • Over the years, the Public Service identified a number of challenges in the area of Human Resource Management and Development. • These include a high vacancy rate, slow turn-around time in the filling of vacant posts, and failure to meet gender and disability targets. • Despite targets being set by Cabinet, departments continue to struggle in meeting and maintaining the targets. • As a result, the PSC conducted various studies and produced several reports whose findings were shared with departments and Executive Authorities using different platforms. • The reports outline challenges and make recommendations that are aimed at improving HRM practices, ensuring compliance with prescripts and enhancing the performance of the Public Service.

4. Filling of posts

5. Background • The Public Service experienced a high vacancy rate and slow turn-around time in the filling of vacant posts. • As a result, in 2012, the PSC commenced with a study on the Blockages in the filling of posts in the Public Service. • The research methodology for the study entailed: • Analyzing information on the vacancy rate of all national and provincial departments from the DPSA and then identifying 12 national departments and 6 departments per province with the highest number of vacancies; • Analyzing recruitment and selection policies of selected departments; • Analyzing data collected through a structured questionnaires; and • Focus group sessions with departments at the national and provincial level.

6. Causes of blockages in the filling of posts Insufficient Delegation of Authority • EAs do not delegate HR authority or delegations are insufficient. Lack of competency to execute delegated authority • Delegations to inappropriately capacitated persons may result in delays when officials are hesitant to make decisions. Political Interference • Administrative heads are informed verbally of an action to be taken in the filling of a post without any evidence being put into writing. • Advice provided by HoDson procedures is ignored. High turn-over rate at the Executive Interface • Change of EAs and HoDs due to Cabinet reshuffle and elections creates administrative instability in departments and delays the filling of positions.

7. The causes of blockages in the filling of posts • Continuous re-structuring of departments • The continuous change in the restructuring process hampers the creation and filling of posts. • Delays in obtaining consensus from the MPSA on organizational changes • The ability of the DPSA to advise the MPSA on a diverse public service, with varying needs in terms of organizational design, was questioned with the consulting process taking as much as 12 months. • Inter-departmental promotions and transfers • The constant movement of employees specifically in the Finance, Information Technology (IT) and HR structures causes instability (May have implications for vetting and verification of qualifications).

8. The causes of blockages in the filling of posts Turnaround time taken by Line Managers • Line managers do not see recruitment and selection as their core function and abdicate the responsibility to HR components, and thus do not initiate selection processes promptly. Incapacitated HRM&D and no dedicated Recruitment and Selection Unit • Most of the departments stated that they do not have dedicated HR practitioners to deal with recruitment and selection. The application of the OSDs in some sectors • The implementation of the OSDs in the Departments of Health, Education, Transport, Agriculture and Public Works caused problems in the filling of posts.

9. Average turn-around time taken to fill posts in departments with a low vacancy rate

10. Average turn-around time taken to fill posts in departments with a high vacancy rate

11. Recommendations • Insufficient Delegation of Authority • Being addressed through the Delegations Framework Directive issued in 2014. • Lack of competency to execute delegated authority • Capacity building of public servants that have delegated authority must be implemented. • Political Interference • Amendment of Public Service Act and Regulations to assign original authority to HoDs for all posts on salary levels 14 and below. • HoDs should clearly communicate the implications of unlawful instructions and the impact they may have in the functioning of departments. • High turn-over rate at the Executive Interface • Cabinet has taken note of this and the NDP addresses the issue.

12. Recommendations • Continuous re-structuring of departments • Departments should take into consideration the likely impact of restructuring on departments and put mitigating measures in place. • Delays in obtaining consensus from the MPSA on organizational changes • The administration of the consultation process with the MPSA as provided for in the Public Service Regulations and MPSA Directive should be improved, with clear time-lines. • Inter-departmental promotions and transfers • Ensure uniformity in terms of job descriptions, where possible and applicable, and salaries through a benchmarking process to minimise constant movement.

13. Recommendations • Turnaround time taken by Line Managers • Departments to conduct information sessions with line managers on their role and responsibilities in recruitment and selection processes. • Incapacitated HRM&D and no dedicated Recruitment and Selection Unit • The DPSA must assist the NSG in identifying human resource management training needs that must be incorporated in the curricula. Departments to re-examine the capacity in HRM&D. • The application of the OSDs in some sectors • The DPSA needs to critically assess the outcome of the implementation of OSDs in particular in the health, education, transport and agricultural sectors with the intention to review the tool as a recruitment and retention strategy.

14. General observations • The 2012 PSC study revealed that there are multiple factors that contribute towards a high vacancy rate in the Public Service. • The study also revealed that the average turnaround time for departments/provinces to fill positions varied significantly, between two and three months in few instances and five to 12 months in many instances. • According to Vulindlela data up to the period ending January 2015, the average vacancy rate at national level is 7.5%, of which the most impacted occupational levels are Levels 1-2 (16.7%), Levels 3-5 (4.7%), Levels 6-8 (7.7%); Levels 9-12 (13%) and Levels 13-16 (16.2%). • Given the slow turn around time in filling positions, the vacancy rate at the senior management level is of concern to the PSC.

15. Verification of Qualifications and Security Vetting

16. Background • In line with the Minimum Information Security Standards, pre- employment screening and security vetting are conducted prior to the filling of vacancies in the Public Service. • Challenges experienced by departments in the timeous filling of vacancies due to delays in the verification of qualifications and security security vetting were identified by the PSC as part of the study on the Blockages in the filling of posts in the Public Service. • As indicated in the PSC’s Report on the Roundtable Discussion on the State of Human Resource, Grievance and Discipline Management in the Public Service, the same issues were raised by employees from various departments who participated in the PSC’s 11 roundtable sessions in 2012.

17. Security vetting • PSC studies revealed that delays with pre-employment screening and security vetting by the State Security Agency (SSA) and South African Police Service (SAPS) range between three and six months. • This has resulted in some departments opting to outsource the pre-employment screening to external service provides, and once such results are received, successful candidates are given offer letters and their acceptance of the job is subject to the results of a full pre-employment screening and should the results be unsatisfactory, the department may terminate their services. • This creates difficulties as candidates in some instances are reluctant to accept employment if conditions pertaining to the outcome of full screening and vetting are attached to their appointment.

18. Security vetting • To address the challenges, the PSC met with the DPSA, SSA and SAPS. It was confirmed that there are delays in the coordination of screening and vetting processes between the SSA and SAPS. The PSC was also informed that the two organizations are in the process of addressing these challenges. • The SSA and SAPS also indicated that some of the contributory factors to the delays include capacity constraints and the high volume of requests for top secret security clearance, without due consideration of the sensitivity and role attached to each position. • It was recommended that: • SSA should disseminate guidelines on the required levels of security vetting for different positions and responsibilities to minimise requests for inappropriate levels of security vetting; and • Full pre-employment screening should be done for SMS and positions that deal with sensitive information while criminal and credit checks should be done for all employees.

19. Verification of qualifications • A MPSA Directive provides for departments to conduct bulk verification of qualifications for all existing employees and prospective employees prior to filling of a vacant post. • The Directive restricts departments to use the services of SAQA in the verification process. This has had a negative impact in some circumstances. • Measures should be put in place to reduce the duplication of the verification of qualifications already verified within the Public Service. • The PSC’s studies found that in some instances it can take up to four months after the recruitment process has been finalised for SAQA to finalise the verification process. • In 2014, the PSC consulted with the DPSA and SAQA to understand the nature of the problem. It was noted that SAQA currently verifies 89% of all requests within the set timeframes. • The challenge is with the pre-1994 qualifications, which have not been digitised and have to be verified manually. This is being addressed jointly by DPSA and SAQA.

20. Gender equity targets at SMS

21. Background • The basis for gender equity is outlined in the following documents: • Constitution of the Republic of South Africa, 1966; • White Paper on the Transformation of the Public Service, 1995 • The White Paper on Human Resource Management in the Public Service, 1997; • White Paper on Affirmative Action in the Public Service, 1998; • Employment Equity Act, 1998; • Public Service Act,1994, as amended; and • Public Service Regulations, 2001, as amended. • South Africa is also a signatory to the following regional and international protocols: • SADC Protocol on Gender and Development; • The African Union Heads of States’ Solemn Declaration on Gender Equality in Africa; and • The Convention on the Elimination of all forms of Discrimination against Women (CEDAW).

22. Gender Equity Targets at SMS • The White Paper on the Transformation of the PS (1995), stated that at least 30% of new recruits to the middle and senior management echelons should be women. • The target of 30% for women served as recognition that there was a need for gradual change. • The target was revised by Cabinet in 2007 to 50%, to align it with national, regional, continental and international treaties. • The 50% target was retained in 2012 to be achieved by 2014. The SADC Protocol on Gender and Development, ratified by South Africa in 2011 states that: ‘…Parties shall endeavour that, by 2015, at least 50% of decision-making positions in the public and private sector bodies are held by women…’

23. Gender Equity Targets at SMS • Progress in the past 10 years (2014 data is up to June):

24. Gender Equity Targets at SMS • Despite improvements in the number of women employed since 2004, gender representation at SMS level as set by Cabinet has not been met by several departments by June 2014. • This could possibly be ascribed to a limited skills base or a lack of commitment to attain these targets. NOTE: The PSC is aware that the DPSA has been monitoring gender equity at the national, provincial and according to occupations levels as part of its Annual Employment Equity Annual report. And the 2014 report has also raised concerns about the low levels of compliance.

25. Equity targets for people with disabilities

26. Background The following documents support the pursuits for equity target for people with disabilities: • Constitution of the Republic of South Africa, 1966; • White Paper on the Transformation of the Public Service, 1995 • The White Paper on Human Resource Management in the Public Service, 1997; • Integrated National Disability Strategy, 1997; • White Paper on Affirmative Action in the Public Service, 1998; • Employment Equity Act, 1998; • Public Service Act (1994), as amended by Act 30 of 2007; and • Public Service Regulations (2001), as amended. • South Africa is also a signatory to the following international protocol: • The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)

27. PWD equity targets at the SMS level • The 2% target for the employment of PwDs in the public service was set in 1995, through the White Paper on the Transformation of the PS. The target has never been changed. • According to PSC research, the number of PwDs employed in the SMS level increased from 0.4% in 2004 to 1.6% by June 2014. • Although there is an improvement in this area, it must be noted that the statistics confirm that the recruitment and retention of PWDs remains a challenge, which needs to be addressed systematically. • A major challenge is the limited skills base as a result of a lack of educational opportunities for non-white PwD’s. • Serious interventions by national and provincial departments should be put in place and an assessment conducted to determine the reasons why the Public Service is not meeting the disability targets.

28. PWD equity targets at the SMS level 27

29. Conclusion • The PSC engaged the DPSA and other relevant stakeholders to address some of the challenges in the HR environment. • It will continue to monitor and to engage with all relevant stakeholders to explore workable solutions. • With respect to employment equity: • The analysis has revealed that the Public Service has performed relatively well in terms of transforming the gender and disability profile, however, a lot still to be done in order to achieve the 50% employment of women in SMS and the 2% targets for people with disabilities. • There should be a concerted effort into implementing employment equity and affirmative action programmes consistently to ensure continuous progress in meeting targets. • The PSC will continue to monitor progress in this area and report to Parliament and the various Legislatures.

30. Siyabonga enkosi PSB Website: www.psc.gov.za National Anti-Corruption Hotline for the Public Service: 0800 701 701