PRESENTATION TO THE SELECT COMMITTEE FOREIGN SERVICE BILL, 2015 PRESENTATION TO THE SELECT COMMITTEE 20 FEBRUARY 2019

INTRODUCTION The White Paper on South Africa’s Foreign Policy expresses the vision that South Africa should be a successful, influential and leading member of the international community and contribute to the development of our region, continent and the world It also places emphasis on the need to pursue national economic policy objectives and leverage opportunities that arise internationally to the benefit of South Africa

OBJECTIVES The primary objective of the Bill is to further South Africa’s foreign relations By creating a professional, unified Foreign Service under DIRCO’s management, South Africa’s foreign relations will be more focused and more efficient The Bill will strengthen the accountability of officials and the Foreign Service as a whole

RATIONALE FOR THE BILL Currently South Africa does not have a legislative mechanism to optimally support the mandate of the Department to achieve the country’s foreign policy objectives optimally Unique challenges are faced daily in respect of the realities of the management and operations of missions in foreign jurisdictions International relations are conducted in an increasing complex world and the foreign service has to be able to respond appropriately and adequately, and often immediately

RATIONALE FOR THE BILL (cont) International relations are executed in a global environment and operate within diverse legislative systems that are different from the national domestic legislative context At present the practical and administrative challenges faced daily are to be dealt with within the confines of legislation aimed at regulating the Public Service domestically in South Africa South African representation abroad at present includes, career diplomats within DIRCO, employees from other departments, appointees from outside the public service

RATIONALE FOR THE BILL (cont) Various government departments with officials at missions operate in fragmented and follow inconsistent approaches The difficulties in the management and administration of the current foreign services system within the confines of legislation aimed at regulating the public service in South Africa are evident and also leads to concerns of compliance to legislation by the Auditor-General Extensive research was done in respect of comparable countries such as Brazil, Kenya, Canada, Philippines, etc

RATIONALE FOR THE BILL (cont) The study revealed that the majority of foreign services have legislative frameworks through which the administration and management of the foreign service by their departments of foreign affairs/international relations are regulated International practice further shows that for the effective execution of international relations a foreign service needs to be supported by an appropriate legislative framework that is flexible enough to address the challenges posed at an operational level in missions

PROCESS STATUS (cont) The Bill was presented at ICTS and G&A DG Clusters on 3 March 2015 and 5 March 2015 respectively, for consultation Approved by Cabinet on 26 August 2015 Published in the Government Gazette on 17 September 2015 for public comments Submitted to Parliament on 12 October 2015 and referred to the Portfolio Committee Published for general comments on 7 August 2016 Portfolio Committee held public hearings on 24 January 2017 in Pretoria

PROCESS STATUS (cont) Nineteen (19) Departments made presentations at the Portfolio Committee between 2017 and 2018 DPW, DHA, DPSA, NT, DTI, Defence, SAPS, National School of Government, Tourism, Science and Technology, Labour, Agriculture, Health, Higher Education and Training, Transport, Energy, COGTGA, SARS, DOJ&CD, South African Association of Former Ambassadors and NEHAWU made presentations Consultations on DG to DG level and on technical level with each department took place after their presentations to the Portfolio Committee to discuss concerns and to find solutions

PROCESS STATUS (cont) Meetings with PSCBC and Department held on 6 June 2018 and 20 November 2018 The Portfolio Committee considered the Foreign Service Bill clause-by-clause since May 2018 A number of amendments were introduced by the Portfolio Committee in response to the issues raised in the extensive public consultation process conducted during 2017 and 2018 including from the experiences gained through 2 country visits

PROCESS STATUS (cont) The Bill was finally adopted on 22 Nov 2018 by PC The Bill was tabled in the National Assembly on 4 December 2018 and adopted and referred to the Select Committee

AMENDMENTS MADE BY PC Amendments introduced and adopted by the Portfolio Committee are as follows: clause on the Application of the Bill that clarifies that the Bill will be the primary legislation in relation to the Foreign Service; a clause on the requirements that a member of the Foreign Service must meet before being transferred; a clause on the criteria for Heads of Mission;

AMENDMENTS MADE BY PC a clause that gives DIRCO the mandate to acquire, manage and dispose of immovable property abroad used for the foreign service; a clause on Locally Recruited Personnel; a provision for more extensive consultations with stakeholders, including with National Treasury; and Offences clause

CONTENTS OF THE BILL The purpose of the Bill is set out in the long title namely to – Provide for the management, administration, accountability and functioning of a professional Foreign Service; Provide for the operational requirements that are suitable and supportive of the operations of the Foreign Service in a global environment

CONTENTS OF THE BILL (cont) Clause 1 contains the definitions to assist with the interpretation of the provisions of the Bill Clause 2 clarifies the application of the Bill and that in case of conflict with other legislation this Act shall apply Clause 3 defines the Foreign Service as all SA Missions and those who serve in the Missions that are accredited to the foreign state for the period of their service abroad Foreign Service consists of all transferred officials from all Departments, including Heads of Mission

CONTENTS OF THE BILL (cont) Foreign Service shall promote and advance the international relations and cooperation of the Republic in an effective, coherent and comprehensive manner DIRCO is responsible for conducting and coordinating the international relations and cooperation of the Republic at bilateral, regional and multilateral levels through the Foreign Service DIRCO is responsible for the implementation of the Republic’s foreign policy and for promoting the Republic’s national interests and values in line with its foreign policy

CONTENTS OF THE BILL (cont) The Foreign Service will be managed and administered by DIRCO and DIRCO must- Administer all foreign representations in the Republic Lead the coordination and alignment of the Republic’s international relations between all three spheres of government Render protocol to designated foreign and national dignitaries as prescribed Render consular services in line with the Guidelines for the Provision of Consular Services

CONTENTS OF THE BILL (cont) Act as the custodian of international agreements to which the Republic is a party, as well as of the national reports submitted in accordance with international obligations and render legal advice to government on all matters related to international law Conduct all diplomatic communications between the Republic and foreign states, international organisations or entities Perform any other functions required for the effective management and administration of the Foreign Service

CONTENTS OF THE BILL (cont) Clause 4 provides for the requirements to serve as members of the Foreign Service The head of a national department must, in writing, notify the Director-General of an employee who has approval from that national department to be transferred to a South African Mission A member of the Foreign Service may not take up a position at a South African Mission until such time – as he or she has successfully completed the prescribed mandatory training requirements as he or she has met the prescribed requirements for such transfer

CONTENTS OF THE BILL (cont) as he or she has obtained a security clearance as issued by a competent authority; and that the approval for the transfer has been granted by the Director-General Clause 5 regulates the responsibilities of Heads of Mission to manage and administer the The Heads of Mission will be under the authority of the Director-General and act on the instructions of the relevant senior manager responsible for the management of that particular Mission

CONTENTS OF THE BILL (cont) Provides for the criteria to be met namely All Heads of Mission- must be fit and proper persons; may have relevant knowledge, skills and experience; and must reflect broadly the diversity of South Africa

CONTENTS OF THE BILL (cont) Clause 6 deals with recall of members of the Foreign Service under specific circumstances for cases under investigation for misconduct for other types of cases, eg. persona non grata Clause 7 deals with the responsibilities of the Diplomatic Academy Provide the prescribed mandatory training for members of the Foreign Service Provide any training, or causing such training to be provided to employees and to members of the Foreign Service

CONTENTS OF THE BILL (cont) Conducting or causing such tests and examinations Issue diplomas or certificates or cause diplomas or certificates to be issued to persons who have passed such examinations Clause 8 deals with consultation and provides that consultative, coordination and other mechanisms as the Minister may deem necessary for the effective execution of this Bill may be established

CONTENTS OF THE BILL (cont) Establishes the Consultative Forum for International Relations as the national intergovernmental forum, as contemplated in section 9(1) of the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005), through which international relations Guidelines on the coordination and alignment of activities relating to international relations between all spheres of government may be published in the Gazette

CONTENTS OF THE BILL (cont) Clause 9 provides the Minister with the powers to acquire, manage, dispose, lease or rent the immovable assets of DIRCO outside the Republic which is used for Foreign Service All decisions on the disposal of immovable assets must be done after consultation with the Minister of Public Works and the Minister of Finance

CONTENTS OF THE BILL (cont) A decision to dispose of immovable assets must be: in the interest of the effective management of the Foreign Service to the benefit for the Republic in order to achieve the best functional, financial, economic, social return or other benefit from the disposal of the immovable asset

CONTENTS OF THE BILL (cont) Clause 10 stipulates that any person, including South African citizens, who are authorised to work in terms of the laws of a foreign state may be employed as locally recruited personnel at a South African Mission in that foreign state Clause 11 provides for codes and directives that the Minister may make to assist with the proper management and administration of the Foreign Service Clause 12 provide for delegation of powers by the Minister and the Director-General

CONTENTS OF THE BILL (cont) Clause 13 deals with offences offences committed abroad making false representation misuse of state resources acts that bring the Republic in disrepute Clause 14 provides that the Minister may make regulations for the proper implementation of the Bill Clause 15 provides for short title and commencement

IMPLICATIONS OF THE BILL The Bill professionalizes South Africa’s international relations through the establishment of a Foreign Service For the first time the Republic will have legislation that govern international relations and its Foreign Service DIRCO will be responsibilities for the coordination of international relations of the Republic DIRCO will be required by legislation to take full responsibility for the duties assigned to it The provisions of the Bill will be applicable to all members of the Foreign Service

IMPLICATIONS OF THE BILL (cont) The Bill improve the operation and administration of DIRCO and the Foreign Service

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