PRESENTATION ON THE ANALYSIS OF THE PAM BILL - 2013 MLUNGISI BIYELA INFORMATION SERVICES PARLIAMENT OF SOUTH AFRICA 07 MARCH 2014

PAM BILL [B55B -2013] Outline of presentation Purpose of the presentation Issues of concern in the Bill Conclusion

PAM BILL [B55B -2013] The three spheres of government may be under different political parties’ administration. State employees are required in terms of the administrative law to show deference to political supremacy, irrespective of which political party is running government. Experience has shown that in provincial government and local government politics will be at play and this affects human relations and therefore conditions of service. Again, the concern is with the soft issue that goes a long way in work and non-work challenges.

PAM BILL [B55B -2013] Work and non-work challenges cannot be separated from the employee, since a human being is a totality. Conditions of service can be good but as soon as human relations become affected, it does not become pleasant at the workplace, and the Bill cannot guarantee that it will. C. SECTION 6: SECONDMENTS The disadvantage to the employee is that even if he or she does not consent, he or she will still get transferred as long as the employer justifies such secondment.

PAM BILL [B55B -2013] The Bill does not state the duration of secondment, which might be abused to the disadvantage of the employee. The Bill should state succinctly the duration of such secondment. A suggestion is that a secondment must be for a duration of six months to a year, liable to extension with the consent of and consultation with an employee for another less or equal period.  

PAM BILL [B55B -2013] D. CONDUCTING BUSINESS WITH THE STATE (SECTION 9) What is not clear in the Bill is whether the disclosed financial interests of a partner will affect another entity of State where an employee whose partner is disclosing is not employed or it means the entire public service. If the injunction is only on the entity where the employee is working, and not the entire public service, the Bill must state that clearly. The definition “an employee’s entity” must be distinct in some way from the definition assigned to the phrase “business with the State”.

PAM BILL [B55B -2013] It might be unconstitutional to prevent an employee’s partner from doing business with the State, what if the service they provide is only tailor-made for the State and they saw the need to provide such a service? Will this not hamper the enterprising initiative of those who want to create business opportunities for themselves and create employment? If service provision to the State can only be assigned to those whose partners are not working for the State, the Bill might be discriminating against certain citizens who find themselves married to employees of the State.

PAM BILL [B55B -2013] What if such partners are not conducting business with the “employee’s entity” but with another entity of the State where an employee has no influence at all? What happens if a business person who conducts business with the State gets married to an employee of the State and they are in the middle of a government project? Will that project be terminated mid-stream? What cost will this be to the State?

PAM BILL [B55B -2013] PUBLIC ADMINISTRATION ETHICS , INTEGRITY & DISCIPLINARY UNIT (SECTION 15) The difference between the PSC and the Unit is that each institution serves a different master. The PSC reports on its function to Parliament and the Unit will report to Government. The Unit serves to strengthen the oversight function of the Government over the public administration organs of the State. The Unit must be objective to report on its findings without protecting public service departments when they do malpractices.

PAM BILL [B55B -2013] The reports that come from the Commission are objective. They are compiled independently of the State influence. Should the reports from the Commission and the Unit on the same issue indicate divergent findings; which report will Parliament and the Executive accept as a true reflection of events? F. CONCLUSION The Portfolio Committee must consider these issues when deliberating on the Bill.