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MUNICIPAL MANAGERS FORUM

30 April 2013

PUBLIC ADMINISTRATION MANAGEMENT BILL

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OUTLINE OF PRESENTATION

Introduction and Background Problem statement Why we need a uniform system of public administration Key pillars for the implementation of a uniform system of public

administration Scope & object of the Draft Bill How will the object of the Draft Bill be achieved Terms and Conditions of service Vesting of HR powers Deployments &Post employment restriction Miscellaneous provisions Regulation-making powers Public Service Commission mandate and amendment of other laws New Proposed amendments Way forward

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INTRODUCTION

• In 2007 Cabinet approved draft legislation in support of establishment of a Single Public Service (SPS).

• SALGA developed a discussion paper on the SPS for PMAs and Provincial Conferences that took place during 2007.

• feedback received from provinces were incorporated into the discussion/ position paper and tabled for discussion and consideration by the SALGA National Conference of 2007.

• Conference made input which led to further work conducted on the impact of the SPS.

• Revised position paper presented to and adopted by National Consultative Workshop (Oct ‘07) and the NMA (March ‘08).

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INTRODUCTION

• DPSA presented Public Administration Management Bill (PAMB) at NEDLAC in April 2008 and later tabled it in Parliament in June 2008.

• Due to lobbying from social partners (business and labour) a decision was taken to withdraw the Bill and to further consult the relevant stakeholders.

• During January 2013, the DPSA revived the discussions around the PAMB and asked NEDLAC to facilitate consultation on the PAMB.

• Technical Task Team comprising of Labour, Business and Government has been convened under the auspices of the Labour Market Chamber to consult on the PAMB.

• SALGA included in Task Team as part of the Govt delegation.

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INTRODUCTION

• PAMB Task Team convened first meeting 17 April ‘13 to:

– consider the PAMB;

– to strive to reach maximum areas of agreement on the content of the PAMB; and

– to produce a NEDLAC report on the deliberations of the Task Team.

•  The task team will aim to complete its work within three months (by June 2013) in accordance with the NEDLAC Protocol for Tabling Matters.

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PROBLEM STATEMENT

• Our Public Administration does not have uniform norms and standards for amongst others;

– service delivery,

– mobility of personnel vertically and horizontally throughout the spheres,

– Information and Communication Technology,

– Conditions of Service,

– discipline management,

– recruitment,

– anti-corruption measures,

– training and development, and

– the establishment of integrated service centres.

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NEED FOR UNIFORM SYSTEM OF PUB ADMIN?

Strategic alignment & harmonization of institutions within three spheres of government

Create strong centre of government that is in position to hold service delivery vehicles together & to provide support, guidance & advice where needed

Create seamless & integrated service delivery through a single window approach • convenience to service recipients• integrated service delivery platforms & front offices (Thusong

Service Centres) Creating shared vision & common culture of service delivery

across all spheres Systematically share knowledge, expertise, resources & best

practices to preclude weak links Stability & improved intergovernmental relations

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NEED FOR UNIFORM SYSTEM OF PUB ADMIN?

Optimal utilization of limited resources underpinned by creating government institutions that are accessible, efficient, representative, accountable, sustainable & responsive to service delivery needs

Framework to facilitate mobility within spheres of government Clearly defined employment practices, including remuneration

& conditions of service, for all employees Clearly defined employee relations framework & mandating

arrangements Aligned training & capacity development to ensure transfer of

knowledge & skills across spheres ICT:

• Interoperability of ICT transversal systems, e.g. financial & human resource systems

• Maximization of economies of scale in ICT goods & service• Elimination of duplication of costly efforts in ICT

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KEY PILLARS FOR IMPLEMENTATION

The implementation of a Uniform Public Administration is underpinned by five pillars:1. Service Delivery

Access initiatives for seamless service delivery, e.g. Batho Pele Portal, Thusong Service Centres, Pilot Urban Mall, Geographical Information System (GIS), Access Studies

Culture of service delivery, e.g. infusing Batho Pele in three spheres; setting of service standards

2. ICT enablemente-Government strategic framework to guide institutions in

coordinating their ICT initiatives to advance, enhance & enable delivery of services via ICT

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KEY PILLARS FOR IMPLEMENTATION Cont..

3. Human Resource Management & DevelopmentHarmonisation & better alignment of institutional enablers

that will contribute towards enhanced service delivery, e.g. wage policy, harmonized conditions of service, norms & standards for human resource management & development, legal mechanisms for staff mobility

4. Anti-corruptionDevelopment of public sector Anti-Corruption Strategy,

review of anti-corruption capacity across government & evaluation of existing frameworks

5. Framework Legislation for a Uniform Public Administration

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IMPACT ON MUNICIPALITIES?

Draft Bill recognises constitutional powers of municipalities:• Municipalities appoint & dismiss their employees within

national framework of norms & standards• In circumscribed instances, the Minister for PSA sets limits on

terms & conditions of employees in three spheres & address unjustifiable disparities

Where municipalities’ interests are affected:• SALGA’s concurrence as representing national organised

local government• Consultation with Minister for Co-operative Governance &

Traditional Affairs (MCGTA)

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SCOPE & OBJECT

Scope Public servicePublic service consisting of national & provincial

departments; and Municipalities (cl 2)

Object With due regard to Ch 10 values & principles in the

Constitution, provide for administration in the three spheres of government to be organised & to function in ways that ensure efficient, quality, collaborative & accountable service delivery to alleviate poverty & promote social & economic development for the people of South Africa (cl 3)

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HOW WILL OBJECT BE ACHIEVED?

Object to be achieved by, among others—• Providing for use & development of institutions, systems, practices,

procedures and human, ICT & other resources in manner which maximises human potential & addresses staff

shortages & barriers to staff mobility & efficiency in institutions and service delivery

• Providing for frameworks for personnel & public administration systems, practices & procedures

• Providing for setting of standards for services & facilitating culture of service delivery

• Removing & preventing unjustifiable disparities in conditions of service of employees

• Providing for a Senior Management Service• Providing for standards of conduct & anti-corruption measures to

promote service delivery, ethical conduct & professionalism of employees• Providing for e-government as key mechanism to improve internal

efficiency of institutions & service delivery (cl 3)

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TERMS & CONDITIONS OF EMPLOYEES (OTHER THAN SNR MNGMNT)

Collective bargaining to continue in current bargaining councils for public service (PSCBC) & local govt (SALGBC)

Limited by ministerial power to remove or prevent unjustifiable disparities by-

• Tabling proposals in bargaining council/s

• Requiring that employer parties must obtainMandate; orAuthorisation before concluding collective agreements

falling outside prescribed framework (cls 29 & 30)

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TERMS & CONDITIONS OF EMPLOYEES (SNR MANAGEMENT)

Proposes creation of Senior Management Service (SMS) consisting of national, provincial and municipal senior managers

For SMS members the MPSA to determine

• Framework of minimum & maximum remuneration levels; and

• Norms & standards on conditions of service (cl 15) In respect of local government, MPSA must

• Consult Minister of COGTA; and

• Obtain SALGA’s concurrence

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VESTING OF HR POWERS

Political head to appoint head of institution & managers reporting to head National/provincial departments: President/Premier Municipalities – Municipal Council (cl 13)

Administrative head to appoint remainder of staff & to determine organisational structure

• For municipality, appointments are subject to municipal council’s policy directions (cl 11(1)(g) & 21(1))

Stated that municipality is employer of all its employees (cl 21(2))

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DEPLOYMENTS

Transfer/secondment without individual’s consent is only fair taking into account• Operational requirements, incl. whether secondment would

address requirements &• Employee’s representations taken into consideration (cls 24

& 25) Transfer/secondment to & from municipalities/ provincial

departments – agreement of affected municipality/provincial department required (cl 24(8) & 25(6))

Tailor-made s197 (LRA) for staff transfers in case of function transfers (cl 26)

Expedited procedures for disputes about fairness of transfer & secondment (cl 27)

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POST EMPLOYMENT RESTRICTION

Cooling off period for 12 months for employees involved in procurement (cl 37)

• Employee may not accept employment with successful service provider

• Provision for deviation from 12 month period

• Sanctions includeEmployee or service provider that contravenes this

provision guilty of offence & if convicted - fine up to R1 million

Contravention constitutes good cause for cancelling contract with service provider

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MISCELLANEOUS

Training (cls 31-34)

• Recognise PALAMA & other training institutions

• Provision for compulsory training, registration of training standards & accreditation as training providers

Employees as candidates for legislatures (cl 36)

• May be candidate subject to code of conduct & prescribed limits

• Once elected, employment contract automatically terminates

• Proposed that employees may not be part-time municipal councilors

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MISCELLANEOUS

When person applies for post – must disclose prior actions on grounds of misconduct/ill health/poor performance & known pending actions (cl 39)

Allow for continuation of incomplete disciplinary/ other actions when employee leaves institution & joins another within Bill’s scope (cl 39)

May prescribe period within which re-employment of employees found guilty of misconduct are prohibited (cl 40)

When contraventions of Act/regulations occur, relevant authority compelled to discipline employees & to keep record thereof (cl 49)

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REGULATION-MAKING POWERS

MPSA to set, through regulations, norms & standards on personnel and public administration practices, procedures & systems (cl 44)

Before making regulations (cls 45-46)• Notice & comment process• In respect of local government, concurrence of SALGA and

consultation with MCGTA• If regulation concerns matter of mutual interest, Minister or

party to bargaining council may table it for negotiation

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PSC MANDATE & AMENDMENTS TO OTHER LAWS

Propose extension of Public Service Commission’s mandate to local government (Schedule 3, Part A, item 3)

Draft Bill proposes (cl 55 & Sch 3)

• The repeal of Public Service Act, 1994

• The amendment/repeal of only HR related provisions inMunicipal Structures Act (i.e. s82)Municipal Systems Act (i.e. ss 1, 26, 55(1), 56, 57, 66-72

& Sch 2)

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NEW PROPOSED AMENDMENTS

• As part of fighting corruption, professionalising public administration and ensuring compliance with norms and standards set for administration, following amendments are proposed before draft Bill is re-introduced:

– Prohibition of employees to do business with State.

– Establishment of anti-corruption bureau to deal with corruption related misconduct cases in administration.

– Office of Standards and Compliance: monitor compliance with norms and standards and also to assist public administration with compliance.

– Regulating candidature of employees during election by deeming them to have resigned upon acceptance of nomination to stand for election.

– Enhancing clause dealing with outside remunerative work by defining “remuneration” and clarifying that where no decision is made on application it should be deemed that approval was not granted.

– Removal of reference to part-time employment in Bill.

– Provision to criminalise failures to comply with provisions of Bill

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WAY FORWARD

• new proposals + legislative amendments impacting on PAMB since 2008, it becomes necessary for SALGA to embark on a consultative process with its members:-

– provincial workshops;

– culminate in a national workshop to consolidate the provincial input.

– Due to the NEDLAC timeframes these workshop must take place by end-May 2013 in order for SALGA to make comprehensive input into the NEDLAC process.

Re-introduction in Parliament in June 2013

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THANK YOU

CONTACT DETAILS:-LANCE JOEL012 36980000829083335ljoel@salga.org.za