Public Service Amendment Act

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• Public Service Amendment Act
• 30 of 2007
• Presentation to
• Annual Human Resource Learning Forum 4-5 March
  2008

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Amendment Act - commencement

• Published in Gazette (No 30675) on 17 January
  2008
• Became an Act of Parliament when assented to and
  signed by the President, but not in force yet
• Majority of provisions of Amendment Act revised
  Regulations envisaged to take effect June/July
  2008
• Draft revised regulations to be distributed to
  departments for comment
• Provisions pertaining to government components
  specialised service delivery units in departments
  may take effect earlier, e.g. April 2008

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OBJECTIVES OF AMENDMENTACT

• Main purpose to strengthen organisational human
  resource pillars of Public Service Regulatory
  Framework through-
• Introducing new service delivery structures
• Strengthening compliance
• Enabling easier day-to-day administration
• Addressing certain legal difficulties
• Simplifying or clarifying several provisions
• Removing absolute provisions
• Aligning Public Service Act with other
  legislation

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ALIGNMENT OF CONDITIONS OF SERVICES

• Provision for alignment between conditions of
  service of general public service and sectors
  with own employment laws (educators, SAPS,
  Defence, Intelligence Correctional Services),
  where desirable
• Committee of Ministers to concur with
  determinations by relevant Ministers on annual
  salary adjustments, salary scales levels,
  performance bonuses, pension benefits (s 2(b))
• Committee to consist of sectors Ministers,
  Minister of Finance Minister of Public Service
  Administration
• Collective agreements concluded iro employees
  falling under Public Service Act to be regarded
  as Ministerial determinations to enhance
  implementation compliance (s 7)

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ORGANISATIONAL FORMS IN CURRENT PUBLIC SERVICE

• Current institutions under Public Service Act
• National departments and Offices of Premier
  Schedule 1
• Provincial departments Schedule 2
• Organisational components Schedule 3

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GOVERNMENTCOMPONENTS (1)

• New organisational form, government component
  within public service provided for
• Aim dedicated entity under direct control of
  Minister/Premier/MEC to enable direct service
  delivery
• Mechanism to bring back to public service
  institutions outside public service which have
  functions that should be performed by
  institutions in public service
• May only be created if feasibility study
  recommends it
• Head of component to report directly to relevant
  executive authority (Minister/Premier/MEC) head
  is also accounting officer of component
• Each component to have principal department to
  assist executive authority with oversight (ss 9
  10)

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GOVERNMENTCOMPONENTS (2)

• Components to be part of public service
  Public Service Act all its prescripts, apply to
  their organisation governance as well as their
  staff
• Def of public service in Labour Relations Act
  amended to include these components under PSCBCs
  scope
• Components may have original/assigned/delegated
  statutory functions
• Difference between assigned delegated functions
• Functionary delegating remains accountable
• Functionary assigning, no longer accountable, but
  head becomes accountable

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GOVERNMENTCOMPONENTS (3)

• Since Parliament by legislation conferred
  particular functions on a functionary, the
  Amendment Act provides that
• a Minister may only assign such functions to head
  of component with Parliaments approval
• Such assignment must be done by notice in Gazette
• Components may not have any socio-economic
  functions (e.g. housing, health care)

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GOVERNMENTCOMPONENTS (4)

• Government agencies to be listed in Schedule 3
  together with principal department
• Current Schedule 3 organisational components will
  move to Schedule 1
• How is a component created
• President may, by proclamation, establish-
• national on a national Ministers request and
  advice of Minister of Finance Minister for
  Public Service Administration (MPSA)
• provincial on a Premiers request, after
  consultation with Minister of Finance MPSA

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GOVERNMENTCOMPONENTS V DEPARTMENTS

• Main differences between departments and
  government components
• Component would be body established to perform
  specific functions
• Component would have notice listing its functions
  reporting requirements to head of principal
  department to enable head to assist executive
  authority with oversight on policy
  implementation, performance, integrated planning,
  budgeting service delivery
• Unlike departments, component would not have core
  policy development function
• Unlike most departments, component may have
  assigned functions with accompanying direct
  accountability
• Component is to be partnered with department
  which must assist executive authority with
  oversight in respect of policy implementation
• Contrary to department, component may have
  advisory or consultative board

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ADVANTAGES OF GOVERNMENT COMPONENT

• Customise administrative operational
  arrangements to suit service delivery environment
• Better governance via direct accountability
  decision-making as close as possible to point of
  service delivery
• Political heads would have more direct control
  over service delivery outcomes without need to
  create entities outside the public service

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SPECIALISED SERVICEDELIVERY UNITS (1)

• Ring-fenced unit established within department
  following feasibility study
• Features similar to government components, except
  that they may perform socio-economic functions
• Relevant executive authority, e.g.
  Minister/Premier/MEC may establish a unit, and
  Minister for Public Service Administration must
  by notice in Gazette give effect thereto

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SPECIALISED SERVICEDELIVERY UNITS (2)

• Protocol to set out its functions
  administrative operational arrangements
• If executive authority or head of department
  delegates any human resource related function
  regarding unit, it must be delegated to its head
• Subject to relevant treasurys approval special
  accountability arrangements, provision for
  compulsory financial delegations to unit head (s
  10)

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DEPLOYMENTS (1)

• Current Act allows transfer in public interest
  without employees consent or due process
• In Amendment Act provision for (a) transfers
  within public service and (b) secondments to and
  from public service
• with employees consent
• without employees consent but subject to due
  process (consider employees representations)
  public interest requirement (ss 20 22)

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DEPLOYMENTS (2)

• Before employees may be transferred as result of
  function transfer, relevant bargaining council
  must be consulted
• Express provision for continued employment
  despite transfer within public service or to
  public service from another organ of state (ss
  20, 21 22)
• E.g. to retain pensionable service leave
  credits

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ENHANCING COMPLIANCE

• To improve compliance with Public Service Act,
  Public Service Commission is to conduct issue
  directions on certain personnel procedures
• Executive authority must implement such
  direction within 60 days (s 7)
• In addition-
• executive authorities must discipline
  transgressing heads of department
• heads of department must discipline transgressing
  employees in their departments
• These transgressions to be reported to MPSA who
  is to report at least annually to relevant
  committees of Parliament dealing with public
  service provincial legislatures
• MPSA may also report transgressing national EAs
  to Cabinet provincial EAs to provincial
  Cabinets via Premiers
  (s 24)

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IMPLEMENTING DISCIPLINARY SANCTIONS

• Currently, in terms of the Act head of department
  has power to dismiss employee for misconduct
  while disciplinary code provides that chair at
  hearing pronounces sanction
• Since disciplinary hearing aims to ensure due
  process
• Amendment Act stipulates that sanction imposed by
  chair of hearing must, subject to internal appeal
  (if any), be implemented by head of department
• (new section 16B in s 24)

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CONTINUATION OF DISCIPLINARY HEARINGS IN NEW
DEPARTMENT

• Provision made for institution/continuation of
  disciplinary hearing by new department iro
  alleged misconduct by employee at his/her former
  department
• New head may do so or, if requested by former
  head, must do so
• Two departments must co-operate, e.g.
• Exchange documents
• Furnish written oral evidence
• (new section 16B(4) (5) in s 24)

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PROHIBITION ON RE-EMPLOYMENT IF DISMISSED FOR
MISCONDUCT

• Prohibition on re-employment in public service
  for prescribed period of employees dismissed for
  prescribed categories of misconduct
• Emphasize misconduct related to corruption
• Deemed dismissal for abscondment also included
• Different periods may be prescribed by regulation
  for different categories of misconduct
• One/more categories of misconduct may have no
  prescribed period, i.e. therefore no prohibition
  on re-employment
• (new section 17(4) in s 25)

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OUTSIDEREMUNERATIVE WORK

• Include criteria for granting/ non-granting of
  approval for outside remunerative work, i.e.
  whether it would
• interfere with or impede effective/efficient
  performance of work
• constitute contravention of code of conduct, e.g.
  conflict of interest
• Executive authority must decide within 30 days
• If he/she doesnt, then deemed that permission is
  granted (s 26)

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GRIEVANCES

• Currently employees grievances must be attempted
  to be resolved within department, including
  referral to relevant Minister/Premier/ MEC
• only then referred to Public Service Commission
  (PSC)
• If head of department has grievance most likely
  to be about his/her Minister/Premier/MEC
• Heads of department are allow to submit
  grievances directly to PSC
• Employees, except heads, to first exhaust
  grievance procedure within department before
  referring labour disputes to bargaining council
  (s 31)

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POLITICAL RIGHTS

• Candidatures of employees for legislatures
  regulated in Act (s 32)
• May be candidates subject to prescribed
  conditions
• Only deemed to have resigned from date assuming
  duty
• May be part-time municipal councillor

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DELEGATION POWERS

• Currently, Public Service Act only expressly
  authorises executive authority to delegate
  certain functions
• Amendment Act has comprehensive provision for
  delegation of all functions vested by Act or
  regulations in-
• executive authority
• head of department (s 37)

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DRAFT SINGLE PUBLICSERVICE BILL

• Gazetting for public comment envisaged for
  April 2008
• Snapshot of draft Bill (consulted on since Aug
  2007)
• In many areas either framework or enabling
  provisions
• Scope national provincial departments,
  municipalities government components
• Excludes public municipal entities
• Maintain position of sectors (SAPS, educators,
  etc) having own employment laws prevail over
  Bill in case of conflict, except for some areas
  (cl 2)

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DRAFT SINGLE PUBLIC SERVICE BILL snapshot (2)

• Emphasize service delivery aspects via provision
  for
• service centers at every municipality to provide
  multiple services from across spheres
• service plans (to set standards) (cl 4 5)
• MPSA to approve norms standards on range of
  public administration matters (mainly in form of
  regulations) but must
• consider nature functions of different
  institutions
• consult with MPLG LG Minmec
• organised local government on conditions of
  service
• (cls 6 7)

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DRAFT SINGLE PUBLIC SERVICE BILL snapshot (3)

• Vesting of HR powers (cls 9, 10, 18, 19 23)
• Political head appoints 1st two levels
• Administrative head appoints rest of staff
  determine structure post establishment
• Collective bargaining (cl 25)
• Scope of PSCBC proposed to be extended to include
  local government
• SALGBC proposed to become sectoral bargaining
  council of PSCBC
• Before negotiating in bargaining council,
  institution representing employer to obtain
  mandate from committee of Ministers designated by
  national Cabinet

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DRAFT SINGLE PUBLIC SERVICE BILL snapshot (4)

• Transfer secondments across spheres (cl 27)
• With employees consent or
• Without employees consent, if after considering
  employees representations, still in public
  interest
• Authority to transfer/second vests in
• Relevant employers
• MPSA, after consulting relevant EAs
• If to from municipality, only with concurrence
  of municipality
• Cooling off period iro staff involved in
  procurement
• Employee may not do remunerative work for
  successful service provider for 12 month period
• Sanction criminal offence employee service
  provider and possible forfeiting of benefits
  derived (cl 33)

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DRAFT SINGLE PUBLIC SERVICE BILL snapshot (5)

• Prohibition on re-employment in public service
  for prescribed period if dismissed for certain
  kinds of misconduct (cl 35(4))
• Creation of Senior Management Service across 3
  spheres (cl 37)
• Political authorities heads of institutions are
  compelled to discipline transgressing heads
  other employees, respectively (cl 39)

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Enkosi/Siyabonga/Ri a livhuwa/Re a
leboga/Dankie/Thank youQuestions .
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