Public Service Amendment Bill presentation to

1. Public Service Amendment Bill presentation to Workshop arranged by Portfolio Committee on Public Service and Administration, National Assembly 14-15 November 2006 1

2. CONTENT • Objectives of Amendment Bill Substantial amendments in Bill 2

3. OBJECTIVES OF AMENDMENT BILL (1) Main purpose to strengthen organisational & human resource matters in public service Legislation for a single public service dealing with 3 spheres of government underway – to be introduced in Parliament – latter part of 2007 Likely date of commencement of Single Public Service Act is 2009 Considered necessary to strengthen the Public Service Act urgently in some areas

4. OBJECTIVES OF AMENDMENT BILL (2) Experience has shown that some organisational & human resource arrangements in Public Service Act directly hampers internal efficiency as well as service delivery. These areas include- Inadequate provision for deployment of staff Some functions provided through departments & not close to service delivery point & without direct accountability & decision-making by functionaries tasked with delivery; or entities outside public service without direct control by political head Public Service Act prescripts often not adhered to, resulting in weak organisational and HR practices & legal disputes Transgressing employees resign and join other departments without being disciplined Employees dismissed for misconduct, even related to corruption, may be re-employed Some provisions have resulted in legal disputes, while others are obsolete, overly complex or conflict with other legislation

5. OBJECTIVES OFAMENDMENT BILL (3) • To address mentioned areas: • Staff mobility arrangements are improved • Government agencies as new institutional form introduced within public service to enable direct service delivery through focused, ring-fenced separate entity under control of political head • Compliance enhanced through investigative powers & compulsory disciplining & reporting • Enabling institution of disciplinary steps for alleged transgressions in their former department • Enabling provision for prohibiting re-employment of persons dismissed for corrupt-related and other misconduct introduced • Ambiguities/conflicts/obsolete provisions removed 5

6. OBJECTIVES OFAMENDMENT BILL (4) If Bill becomes law, it would together with required new regulations, improve efficiency of organisational & human resource framework by Introducing new service delivery model Introducing enforcement mechanisms Simplifying & clarifying Public Service Act These measures are designed to enhance governance, accountability & compliance which in turn would lead to improved service delivery

7. SUBSTANTIAL AMENDMENTSIN BILL (1) • Various definitions clarified & “employment practice” defined; “executing authority” replaced with “executive authority” • Minister for Public Service & Administration (MPSA) enabled to apply, after consultation with other Ministers in question, any condition of service to educators/members of SAPS/Dept of Correctional Services • Aim – to obtain, where desirable, greater alignment in conditions of service of general public service & mentioned sectors (cl 2) • Setting of norms & standards and other functions of MPSA clarified (cl 2) 7

8. SUBSTANTIAL AMENDMENTSIN BILL (2) • Collective agreements concluded iro employees falling under Public Service Act to be regarded as Ministerial determinations to facilitate implementation & compliance (cl 7) • To improve compliance with Public Service Act, MPSA empowered to conduct investigations & make binding decisions in event of contraventions • To avoid duplication, Public Service Commission is notified of investigations & their outcome (cl 7) 8

9. SUBSTANTIAL AMENDMENTSIN BILL (3) • New organisational form, government agencies, in place of current Schedule 3 organisational components, proposed (cls 9 & 10) • As supplementary organisational form within public service - enable direct service delivery via focused, full ring-fenced entity, under direct control of executive authority, e.g. a Minister or MEC • Based on proposals by National Treasury & dpsa following review of public entities • Accountability & responsibility vested in functionaries directly involved in performance of functions • Head of agency to report directly to relevant executive authority & head to be accounting officer of agency 9

10. SUBSTANTIAL AMENDMENTSIN BILL (4) • References in Public Service Act to promotion omitted to accord with open competition principle & to limit unfair labour practice disputes in this regard (e.g. cl 14) • President enabled to also deploy in consultation with relevant Premiers • national head to province • provincial head to another province or to national department [cls 5 & 17] 10

11. SUBSTANTIAL AMENDMENTSIN BILL (5) • Transfer & secondments of staff within and from public service • Clarified & simplified provisions • Provision for transfers and secondment • with employee’s consent • without employee’s consent but subject to due process (consider employee’s representations) & public interest requirement • Express provision for continued employment despite transfer within public service or to public service from another organ of state (cls 20, 21 & 22) 11

12. SUBSTANTIAL AMENDMENTSIN BILL (6) • In addition to investigative power for MPSA mentioned earlier, propose new measures to enhance compliance with Public Service Act • Compel • executive authorities to discipline transgressing heads of department • heads of department to discipline transgressing employees in their departments • These transgressions must be reported to MPSA who is to report at least annually to relevant committees of national & provincial legislatures (cl 24) 12

13. SUBSTANTIAL AMENDMENTSIN BILL (7) • Address current anomaly of head of department vested with power to dismiss employee for misconduct while chair of disciplinary hearing pronounces sanction ito disciplinary code • Since disciplinary hearing aims to ensure due process - propose that sanction imposed by chair of hearing must, subject to internal appeal (if any) be implemented by head of department (cls 24 & 25) • Provision made for institution/continuation of disciplinary hearing by new department iro alleged misconduct by employee at his/her former department (cl 24) • Grounds for dismissal aligned with those recognised under Labour Relations Act, i.e. misconduct, incapacity due to poor performance or ill health & operational requirements (new section 17(2) in cl 25) 13

14. SUBSTANTIAL AMENDMENTSIN BILL (8) • Abscondment provisions revised • Period of absence reduced from one calendar month to 10 days • Deemed resignation to exclude applicability of disciplinary procedures • However, provision for re-instatement retained (new section 17(3) in cl 25) • Similar provision for employee unable to perform ito contract for reasons other than poor performance/ill health • supervening impossibility such as long period of imprisonment (new section 17(5) in cl 25) • Prohibition on re-employment in public service for prescribed period of employee dismissed for misconduct, including conduct of corrupt nature (new section 17(4) in cl 25) 14

15. SUBSTANTIAL AMENDMENTSIN BILL (9) • Provisions regarding performance of outside remunerative work by employees clarified • Consider effect on functions & possible conflict of interest (cl 26) • Provision is made for- • heads of department to submit grievances directly to Public Service Commission • employees to first exhaust grievance procedure within department before referring labour disputes to bargaining council (cl 31) • Provisions iro political rights of employees omitted – dealt with in Constitution & limitations in code of conduct (current section 36) • Candidatures of employees for legislatures are proposed to be regulated in Public Service Act (cl 32) 15

16. SUBSTANTIAL AMENDMENTSIN BILL (10) • Regulation-making powers aligned with areas that norms & standards may be determined & also simplified (cl 35) • Currently, Public Service Act only expressly authorises executive authority to delegate certain functions • Comprehensive provision for delegation of all functions vested by Act or regulations in- • executive authority • head of department (cl 37) 16

17. Siyabonga/Ri a livhuwa/Re a leboga/Dankie/Thank youContact persons:Adv Ailwei Mulaudzi, tel 012-336 1106, Ailwei@dpsa.gov.za Adv Empie van Schoor tel 012-336 1106, Empie@dpsa.gov.za 17