PUBLIC SERVICE COMMISSION

1. PUBLIC SERVICE COMMISSION CHALLENGES REGARDING THE POLITICAL-ADMINISTRATIVE INTERFACE AND ITS INTERVENTION 25 OCTOBER 2017

2. OUTLINE OF PRESENTATION • Background • PSC’s understanding of the challenges and impact • HoD turnover rate statistics • PSC’s interventions • Proposed solutions • Conclusion 2

3. BACKGROUND • In its 2017 report on the Recruitment, Retention, Career Pathing and Utilisation of Senior Management Service members’ Expertise and Skills in the Public Service, the PSC acknowledges that the concept of ‘political-administrative’ interface is, by its nature a common phenomenon. • The PSC defines the political administrative interface as “the terrain of interaction between Executive Authorities (EAs) and HoDs”. The findings of the study suggest that this concept has negative connotations in the Public Service. • It is important to locate the political administrative interface within a specific historical context to understand how the issues have evolved. • In most older democracies, the respective roles and responsibilities of politicians and bureaucrats are clearly defined. This is the result of a combination of tradition and clear legal frameworks. 3

4. BACKGROUND (CONT.) • In newer and transitional democracies these roles and responsibilities are less clear and the potential for tension is therefore greater. • Many politicians in post-colonial contexts are driven by the need to promote social and economic change. This puts them in conflict with officials who are confined to a rule bound approach to the public service in which rules are seen as inhibitors rather than as enablers. • In developmental countries such as Malaysia and Mauritius, EAs are not involved in the appointment of top administrative bureaucrats, this is the function of the Head of Public Administration or Pubic Service Commission and the majority of people appointed at these levels are career public servants with approximately 25 years of public sector work experience. • In the South African Public Service, the political administrative interface is influenced by the separation of powers and roles in the Public Service Act, 1994, and the Public Finance Management Act, 1999, and has its origin in sunset clauses agreed to during the CODESA negotiations. 4

5. PSC’S UNDERSTANDING OF THE CHALLENGES AND IMPACT • The separation of powers and roles in terms of the PFMA and the PSA is a key source of tension at the political-administrative interface. • The PFMA bestows both the accountability and authority for financial management on the accounting officer (HoD), whilst the PSA confers powers regarding human resources and organisational structures on executive authorities. EAs also have powers regarding recruitment, appointment, performance management, promotion, transfer, dismissal and other career incidents of employees of that department. • The other challenge is the interpretation of legislation – as explained below: • The 2007 amendments to the PSA provided for the insertion of a new section 16A on discipline, amongst others, compelling EAs to take disciplinary action against transgressing HoDs. 5

6. PSC’S UNDERSTANDING OF THE CHALLENGES AND IMPACT (CONT.) • EAs have construed this provision to have the meaning as defined in section 1 of the PSA (i.e. the definition of an executive authority, the Minister responsible for such portfolio) in that they are responsible for disciplinary action, and not as referring to the President or Premier of a province. • They do not consider the provisions of section 12 of the Act which has an override ("notwithstanding") providing for the President to deal with the career incidents of a head of a national department or national government component, and the Premier in the case of a head of the Office of a Premier, provincial department or provincial government component. • This amendment, in particular, has led to uncertainty in selected cases regarding the management of career incidents of HoDs in the Public Service. 6

7. PSC’S UNDERSTANDING OF THE CHALLENGES AND IMPACT (CONT.) • In addition, the various prescripts have not been aligned to the legislative amendments that have taken effect since 2007. • In this regard, the Senior Management Service Handbook (SMS), as well as the Executive Protocol: Principles and Procedures for the employment of HoDs and Deputy Directors-General Nationally have not been updated to provide adequate guidance on the career incidents of HoDs. • Although optional, over the years, the PSC has observed that in certain circumstances, there is hesitancy on the part of EAs to delegate authority and this has a negative impact on the functionality and effectiveness of departments and the relationship with HoDs. In any case, the NDP recommends that human resources powers be taken from EAs to HoDs. 7

8. PSC’S UNDERSTANDING OF THE CHALLENGES AND IMPACT (CONT.) • Another challenge is that the political strategic objectives of EAs are sometimes not aligned with the understanding of officials. There is also a lack of adaptability on the part of officials. • The consequences of tensions due to the challenges alluded to above include: • breakdown in trust relationship between EAs and HoDs; • high staff turnover and poor working relations between political heads and senior officials; • poor performance by government institutions because of poor working relations, • loss of institutional memory, • low staff morale; and • loss of public confidence on government’s ability to perform. • This has in some instances resulted in HoDs lodging grievances against their EAs with the PSC, and deteriorating employer-employee relationships leading to precautionary suspensions. 8

9. HOD TURNOVER RATE • According to the DPSA, the average time spent by HoDs in a post has improved over the past three years from 2.7 years to 3.08 years. At the national level, the average is just over 3,5 years, whereas the average for provinces is below 3 years. • These figures are much higher than the statistics reported by the Institute of Race Relations (IRR - August 2017). • According to the IRR report between May 2009 up to March 2017, a total of 172 individuals have held the position of HoD in 38 key national departments, either on a fixed term contract or acting capacity. The figures represent an average of 22 months for a HoD in their posts before a change occurs. • In spite of the differences, the statistics affirm the concerns alluded to in the National Development Plan (NDP, Vison 2030) regarding instability at the political administrative interface. 9

10. PSC INTERVENTIONS • The PSC has engaged with the Minister for Pubic Service and Administration (MPSA) and Minister in The Presidency to discuss issues pertaining to the career incidents of HoDs. • In 2014 the PSC submitted a report to the Presidency after the precautionary suspension of some DGs requesting that the role of EAs in disciplining HoDs be clarified. The PSC is also mediating in some of the current disciplinary cases. • The PSC has engaged with EAs after investigating grievances of HoDs and in some instances, the PSC’s interventions have resulted in the reinstatement of some HoDs and/or their deployment to other areas where their skills can be appropriately utilised (e.g. HoD Case in EC). • However, in some instances the PSC is unable to assist because the parties end up pursuing legal action (e.g. NW HoD and DG Communications). 10

11. PSC INTERVENTIONS (CONT.) • Other PSC interventions that are aimed at minimising challenges at the political-administrative interface in a systematic manner include the following: • Engaging with all EAs and HoDs on a continuous basis to discuss various issues, including the performance of departments. • Presentations of findings and recommendations from various PSC reports that are targeting the top leadership level in departments. E.g. • The Guide on Governance Practice for EAs and DGs/HoDs (2014) • Assessment of the Implementation of HR and Finance Delegations Framework by departments (2013) • Conduct research and propose recommendations aimed at influencing policy framework, for example: 11

12. PSC INTERVENTIONS (CONT.) • Report on the Effect of Turnover rate of HoDs on the performance of departments (2012) • Assessment of the implementation of the policy framework on the Appointment of Ministerial staff in national and provincial departments (2014) • A trend was observed where Special Advisors of EAs take over responsibilities or run parallel with the responsibilities of HoDs in managing departments. This practice also leads to tensions between the offices of EAs and HoDs. • Discussion Document on Building a Capable, Career-Oriented and Professional Public Service to Underpin a Capable and Developmental State in South Africa (2016) • The PSC recommended that the NDP proposal to create an Administrative Head of the Public Service and a hybrid approach to top appointments (where the head of the public service and the chairperson of the PSC convene a selection panel and recommend a shortlist to the minister) be implemented. 12

13. PROPOSED SOLUTIONS • Senior officials must appreciate that their work is not value-free and it is always delivered within a political context. • This makes it easier for them to accept that what could be perceived as political interference can in fact be a useful and constructive input to their work. • Each party needs to respect and appreciate the contribution and role of the other: this means that while the bureaucracy needs a certain level of autonomy, this cannot be absolute. • A harmonious relationship between politicians and senior public servants is a critical aspect in successful, effective service delivery. Therefore, relations need to be characterized by mutual respect and efforts should be made to build up a personal rapport. • In a highly visible context, it is also important that both parties be given room to operate with dignity. 13

14. PROPOSED SOLUTIONS (CONT.) • Politicians must prioritise the formulation of strategies and the setting of objectives without involving themselves unduly in the micro-management of their implementation. • These strategies and objectives must be reflected in performance agreements of HoDs which are a key tool in the South African public management system. • In most administrations internationally, responsibility for appointments in government departments vests with the bureaucracy (Head of Public Administration) and / or with independent authorities (Pubic Service Commissions). • The Public Service Act gives politicians responsibility for making appointments from Salary level 14 and below. The PSC supports the proposed delegation of the powers regarding the career incidents of these employees to HoDs. It also supports the NDP proposal of a hybrid approach to the appointment of HoDs. 14

15. CONCLUSION • The political-administrative interface is a life time phenomenon and an important feature of Public Service administration, which needs to be carefully managed. • The PSC believes that the system will improve as the Public Service matures. • In addition, stability and continuity at the administrative level plays a critical role in the performance of departments and the overall ability of government to achieve its strategic objectives. • Therefore, challenges at the political-administrative interface should be addressed and dealt with fairly and decisively to enhance the effectiveness of Public Service administration without compromising the lawful policies and strategic objectives of the government of the day. • There is a need to fast track the implementation of recommendations made in NDP and the PSC’s Discussion Document on Building a Capable and Developmental State. 15

16. Thank you Siyabonga PSC Website: www.psc.gov.za National Anti-Corruption Hotline for the Public Service: 0800 701 701