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Public Service Amendment BillPublic Service Amendment Billpresentation to

Workshop arranged by Portfolio Committee on Public Service and Administration,

National Assembly14-15 November 2006

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CONTENTCONTENT

Objectives of Amendment Bill Substantial amendments in Bill

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OBJECTIVES OF OBJECTIVES OF AMENDMENT BILL (1)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

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OBJECTIVES OF OBJECTIVES OF AMENDMENT BILL (2)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

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OBJECTIVES OFOBJECTIVES OFAMENDMENT BILL (3)AMENDMENT 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

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OBJECTIVES OFOBJECTIVES OFAMENDMENT BILL (4)AMENDMENT 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

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SUBSTANTIAL AMENDMENTSSUBSTANTIAL AMENDMENTSIN BILL (1)IN 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)

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SUBSTANTIAL AMENDMENTSSUBSTANTIAL AMENDMENTSIN BILL (2)IN 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)

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SUBSTANTIAL AMENDMENTSSUBSTANTIAL AMENDMENTSIN BILL (3)IN 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

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SUBSTANTIAL AMENDMENTSSUBSTANTIAL AMENDMENTSIN BILL (4)IN 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]

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SUBSTANTIAL AMENDMENTSSUBSTANTIAL AMENDMENTSIN BILL (5)IN 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)

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SUBSTANTIAL AMENDMENTSSUBSTANTIAL AMENDMENTSIN BILL (6)IN 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)

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SUBSTANTIAL AMENDMENTSSUBSTANTIAL AMENDMENTSIN BILL (7)IN 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)

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SUBSTANTIAL AMENDMENTSSUBSTANTIAL AMENDMENTSIN BILL (8)IN 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)

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SUBSTANTIAL AMENDMENTSSUBSTANTIAL AMENDMENTSIN BILL (9)IN 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)

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SUBSTANTIAL AMENDMENTSSUBSTANTIAL AMENDMENTSIN BILL (10)IN 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)

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Siyabonga/Ri a livhuwa/Siyabonga/Ri a livhuwa/Re a leboga/Dankie/Thank youRe a leboga/Dankie/Thank you

Contact persons:Adv Ailwei Mulaudzi, tel 012-336 1106, Ailwei@dpsa.gov.za

Adv Empie van Schoor tel 012-336 1106, Empie@dpsa.gov.za