Briefing by the Department of Public Service and Administration on the average number of days taken to resolve disciplinary cases in the Public service 07 March 2018 Committee Room 2, Ground Floor, 90 Plein Street Buiding, Parliament, Cape Town

Presentation Outline PURPOSE REGULATORY FRAMEWORK DISCUSSION CHALLENGES WAYFORWARD

PURPOSE The purpose of the presentation is to apprise the Portfolio Committee on the number of days it takes departments to finalise disciplinary cases in the public service.

REGULATORY FRAMEWORK Section 3 of the Public Service Act gives powers to maintain sound labour relations and to ensure that the public service is disciplined. The period upon which the disciplinary processes should be finalised is governed by PSCBC Resolution 1 of 2003 for employees within the bargaining unit (levels 1 - 12) and Chapter 7 of the SMS Handbook for SMS members. In terms of the enabling clauses a disciplinary hearing should be completed within 60 days and where there are appeals within 90 days in instances where officials are on precautionary suspension

DISCUSSION Discipline trends in the public service has revealed that it takes too long to finalise disciplinary cases which is contrary to the enabling prescripts. According to the latest PERSAL report ending 31 December 2017 the average number of days it takes departments to finalise cases is 95 days. As at 31 December 2017, the number of days taken to resolve disciplinary cases by national and provincial departments was 95 days. This is an increase as compared to the 2016/17 financial year when the average number was 86 days and a decrease as compared to the 2015/16 financial year when it was 142 days. This fluctuation is a cause for concern and it needs to be managed. In determining the root cause of the problem, a coordinated approach was initiated. This coordinated approach included the National Treasury, DPSA, the Public Service Commission and the AG’s office.

DISCUSSION Cont. Through this approach the following were achieved: Sanctioning guidelines were developed to ensure consistency; Completed work on improvement of PERSAL to be user-friendly; AGSA to audit non-compliance by departments to capture disciplinary cases on PERSAL; Established a pool or panel of experts to assist departments with investigations, initiating and chairing of disciplinary cases; Tabled the proposed amendments and review of disciplinary code and procedure in the bargaining council to remove barriers that make it difficult to finalise cases speedily; and The MPSA issued a Directive on capturing of cases on PERSAL and that any future contravention will be dealt with in terms of section 16A of the Public Service Act.

CHALLENGES The diverse nature of cases and the legal intricacies involved sometimes make it impossible to set a definitive target date for the completion of disciplinary cases. In matters that involves criminal prosecutions bail conditions that prohibits the employee from contact with witnesses sometimes hampers the conclusion of cases. The issues are further complicated by the lack of interaction between the beaurocracy and the prosecution to deal with the matters. Lack of safety measures for key witnesses in fraud and corruption related cases which also involves outside suppliers( high profile cases).

CHALLENGES cont. Persal has historically been used to maintain personnel and LR data for the Public Service. Persal does not assist with qualitative analysis and diagnostics of problems as the information captured is unreliable. The delay in the roll out of the IFMS also complicates matters.

WAYFORWARD Labour Relations practitioners at an appropriate level should be appointed to head labour relations in departments. Improve cooperation between departments at all levels with regards to the release of officials to investigate, initiate and chair disciplinary hearings. FOSAD to find ways to minimise the physical threats posed to witnesses in fraud and corruption cases. The speedy establishment of the Technical Assistance Unit in terms of the Public Administration Management Act to deal with corruption cases. Where ever possible, Executive Authorities to alert MPSA of any gaps in our and discipline management frameworks. Improve cooperation between the NPA and the public service where matters are of a criminal nature to enable the speeding up of DC.

WAYFORWARD cont. Invoking the provisions of section 16A of the Public Service Act as amended to enforce compliance with Resolution 1 of 2003; Chapter 7 of the SMS Handbook; 14 of 2002 and any other related Directive, circular or prescript. Improve the government information system as persal does not respond to the needs of Labour Relations in the form of rolling out IFMS. This will enable the DPSA to track non compliance and give early warnings .