PUBLIC SERVICE COMMISSION (PSC)

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PUBLIC SERVICE COMMISSION
Presentation transcript:

PUBLIC SERVICE COMMISSION (PSC) PRESENTATION TO THE ANNUAL ORIENTATION AND TRAINING OF APAC 29 JULY 2009 THE ROLE OF THE PUBLIC SERVICE COMMISSION (PSC) PRESENTED BY MR AH SIMPSON DEPUTY DIRECTOR-GENERAL: INTEGRITY AND ANTI-CORRUPTION

OUTLINE OF PRESENTATION Vision and Mission Legislative Mandate Structure of the PSC Key Performance Areas Stakeholders Interaction with Parliament and legislatures The PSC’s role in promoting accountability Conclusion 2 2

VISION & MISSION Vision The PSC is an independent and impartial body created by the Constitution, 1996, to enhance excellence in governance within the public service by promoting a professional and ethical environment and adding value to a public administration that is accountable, equitable, efficient, effective, corruption-free and responsive to the needs of the people of South Africa. Mission The PSC aims to promote the constitutionally enshrined democratic principles and values in the public service by investigating, monitoring, evaluating, communicating and reporting on public administration. Through research processes, it will ensure the promotion of excellence in governance and the delivery of affordable and sustainable quality services. 3 3 3

LEGISLATIVE MANDATE The PSC derives its mandate from sections 195 and 196 of the Constitution. Section 195 sets out the values and principles governing public administration, which should be promoted by the PSC. These principles and values are: A high standard of professional ethics Efficient, economic and effective use of resources A development-orientated public administration Provision of services in an impartial, fair and equitable way, without bias Responding to people’s needs and encouraging the public to participate in policy-making Accountable public administration Fostering transparency The cultivation of good human resource management and career-development practices A representative public administration with employment and personnel management practices based on ability, objectivity, fairness and the need to redress the imbalances of the past 4 4 4

LEGISLATIVE MANDATE In terms of section 196(4) of the Constitution, the powers and functions of the PSC are to- promote Constitutional Values and Principles in the Public Service (Section 195) investigate, monitor and evaluate the organisation and administration, and the personnel practices of the Public Service propose measures to ensure effective and efficient performance within the Public Service give directives aimed at ensuring that personnel procedures (recruitment, transfer, promotions and dismissals) comply with the basic values and principles set out in section 195 report on activities to the National Assembly and to Provincial Legislature(s) in respect of activities in Provinces either of own accord or on receipt of a complaint: investigate the application of personnel and public administration practices and report to the relevant EA & Legislature investigate grievances of employees in the Public Service and recommend remedies monitor and investigate adherence to applicable procedures in the Public Service advise National and Provincial Organs of State regarding personnel practices in the Public Service 5 5 5

STRUCTURE OF THE PSC 6

ALL APPOINTED BY THE PRESIDENT 14 COMMISSIONERS One Public Service Commission 5 members approved by the National Assembly 9 members for provinces nominated by the Premiers ALL APPOINTED BY THE PRESIDENT 7 7

ORGANISATIONAL SUPPORT STRUCTURE (OPSC) REG. OFFICE (GAUTENG) REG. OFFICE (F. STATE) REG. OFFICE (N. WEST) REG. OFFICE (E. CAPE) REG. OFFICE (N. CAPE) PSC HEAD OFFICE REG. OFFICE (W. CAPE & P OFFICE) REG. OFFICE (KZN) REG. OFFICE (MPU) REG. OFFICE (LIMPOPO) 4 8

The OPSC has a total staff complement of 234 A new organisational structure was implemented with effect from 1 April 2008 The OPSC is headed by a Director-General, who is the Accounting Officer. The OPSC has a total staff complement of 234 9 9 9

KEY PERFORMANCE AREAS 10 10

Leadership and human resource reviews The PSC has operationalised its mandate around the following six key performance areas Leadership and human resource reviews Labour relations improvement Governance monitoring Service delivery and compliance evaluations Public administration investigations Professional ethics 11 11 11

LABOUR RELATIONS IMPROVEMENTS Enhance public service labour relations and management practices by amongst others: Considering the grievances of public servants and making recommendations on the resolution thereof to EAs Conduct research into labour relations practices in the public service and advising on best practice Promoting the application of sound labour relations in the public service through promotional activities such as the publishing of guidelines and the hosting of conferences and workshops. 12 12

PUBLIC ADMINISTRATION INVESTIGATIONS Undertake audits and investigations into public administration practices by amongst others: Undertaking investigations into public administration practices on receipt of complaints from the public, public servants, departments, EAs and legislatures Conduct research into problematic areas in public administration and advise on best practice Participate in interventions in problematic departments Report on financial misconduct in the public service. 13 13

PROFESSIONAL ETHICS & HUMAN RESOURCE REVIEWS Prevent corruption and review implementation of human resource policies by amongst others: Establishing a culture of professional and ethical behavior Promoting professional ethics in the Public Service through workshops on the Code of Conduct, the publication of guidelines and the development of other promotional material such as an integrity pledge Managing the National Anti-Corruption Hotline Providing secretarial support to the National Anti-Corruption Forum Managing the financial disclosure framework (SMS financial interests) 14 14

GOVERNANCE MONITORING Promote good governance and enhance governance practices by amongst others: Implementing effective monitoring and evaluation systems Producing the State of the Public Service Report annually Monitoring and evaluating compliance in the public service including risk management Producing evaluation reports on departments 15 15

PERFORMANCE IMPROVEMENT LEADERSHIP & PERFORMANCE IMPROVEMENT Promote a high standard of public service leadership and to encourage improvements in service delivery by amongst others: Facilitating Performance Agreements Monitoring and evaluating the employment conditions of HoDs Conducting research on latest trends regarding performance management and leadership Overseeing, assessing and managing the evaluation of HoDs Monitoring and evaluating government programmes 16 16

SERVICE DELIVERY & COMPLIANCE EVALUATIONS Promote improved service delivery through public participation. This includes amongst others: Conducting performance and management audits Promoting Batho Pele compliance Planning, conducting and managing citizen satisfaction surveys and citizens’ Forums 17 17

STAKEHOLDERS 18 18

PSC Citizenry STRATEGIC PARTNERS Academia NGO’s & CBO’s THE EXECUTIVE Media Religious Sector Private Sector International Org’s Donor Community Professional Bodies THE EXECUTIVE President Premiers Cabinet Executive Councils MPSA CONSULTATIVE FORUMS IGF MINMEC’s Forum of SA DG’s PSC Citizenry INSTITUTIONS SUPPORTING DEMOCRACY Public Protector Auditor General Human Rights Commission Commission on Gender Equality Financial & Fiscal Commission Youth Commission DEPARTMENTS National Depts Provincial Depts LEGISLATURE(S) National Assembly NCOP Prov Legislatures Committees ORGANISED LABOUR PSCBC Employee Org’s

INTERACTION WITH THE LEGISLATURES 20 20

PSC Legislature National National Council of Provincial Assembly Provinces National Assembly Provincial Legislatures Portfolio Committee Standing Committee Provincial Committees PSC 21

PSC’S ROLE IN PROMOTING ACCOUNTABILITY 22 22

PROMOTING PARLIAMENTARY OVERSIGHT The PSC is a key role player in ensuring parliamentary oversight over public administration It performs this function by providing Parliament and the legislatures with reports on the monitoring, evaluation and investigation of public administration practices Such reports are tabled both within Parliament and the provincial legislatures through the Speakers The reports reflect, amongst others, on- Compliance to the values and principles governing public administration Compliance to legislative and regulatory provisions applicable to the public service Service delivery challenges facing the public service Professional ethics and integrity in the public service The State of the public service 23 23

The reports of the PSC are presented to portfolio committees and standing committees of Parliament and the legislatures The information in the reports can be used by Parliament and the legislatures to call executive authorities and heads of department to account The Standing Committee on Public Accounts has made use of the PSC’s reports on several occasions: A Report on sick leave trends in the Public Service was presented to SCOPA and resulted in major policy changes to the sick leave measures applicable to public servants A report on vacancy rates in the Public Service was compiled on request of SCOPA Recently SCOPA requested the PSC to report on repeat offenders in terms of the financial disclosure framework for senior managers 24 24

Apart from SCOPA, interaction with Parliament has largely been through the Portfolio Committee on Public Service and Administration Parliament has, however, increasingly become aware of the PSC’s role in promoting accountability During 2008 the Chair of Chairs convened a meeting with the chairs of the various portfolio committees during which the need to engage with the PSC’s reports were highlighted At provincial level engagement on the PSC’s reports has been largely unsatisfactory despite the fact that all its reports are provided to the Speakers for tabling Engagement on the PSC’s reports has been selective by the legislatures with the result that the full value of the technical oversight provided by the PSC has not been realized As all the PSC’s reports serve to promote accountability, provincial SCOPA’s are ideally placed to use the oversight information in these reports 25 25

A few examples of the PSC’s reports that serve to promote accountability include: Analysis of payments of performance incentives to HoDs without annual performance reviews conducted The quality of PAs and their compliance with requirements Assessment of the reasons for the inability of the Public Service to recruit and retain persons with disabilities Report on the consistency of sanctions on misconduct in the Public Service The Evaluation of Government’s Poverty Reduction Programme Evaluation report on departments’ implementation of the Access to Information Act Evaluation of the Integrated Sustainable Rural Development Programme Reports on the implementation of the Batho Pele principles Oversight report on Verification of Qualifications in the Public Service Annual reports on Financial Misconduct Management of Applicants with a Criminal Record Audit into the granting of performance rewards in the Departments of Education and Social Development at national and provincial level 26 26

Reports which the various SCOPAs may have interest in that will serve before Parliament and the legislatures in the next few months are: An overview of the implementation of the Financial Disclosure Framework for senior managers Evaluation of supply chain management practices in the R200 000 threshold in the Public Service The PSC’s recommendations in these reports cannot be enforced by the PSC as it does not have the legislative mandate to do so The role of Parliament and the legislatures is therefore of paramount importance in ensuring that the Executive and departments are held accountable and that the PSC’s recommendations are followed through 27 27

ENSURING ACCOUNTABILITY TO THE EXECUTIVE The PSC on receipt of complaints, requests or of own accord also investigates allegations of maladministration and corruption in the Public Service Reports emanating from such investigations with findings and recommendations are submitted to the Executive Authorities of departments for the necessary action, including disciplinary steps and other remedial measures Demands in this area have continuously grown since the PSC’s inception to such an extent that more than a 150 cases have to be dealt with by the PSC on an annual basis Requests for interventions in departments have also increased and the PSC has already been involved in implementing turn-around strategies in the Eastern Cape, Correctional Services, Land Affairs and Home Affairs 28 28

CONCLUSION The PSC sees its strategic obligation as the generation of evidence to enable Parliament and the legislatures to exercise its oversight role, and to advise the Executive on good administrative practice In pursuance of this obligation the PSC has since its inception provided Parliament and the legislatures with invaluable information on the state of the public service Engagement with the PSC’s reports in order to hold Executive Authorities and HoDs accountable should be prioritised 29 29

National Anti-Corruption Hotline for the Public Service: 0800 701 701 THANK YOU! 30 National Anti-Corruption Hotline for the Public Service: 0800 701 701