THE ROLE AND MANDATE OF THE PUBLIC SERVICE COMMISSION (PSC) IN STRENGTHENING THE OVERSIGHT ROLE OF PARLIAMENT PRESENTATION TO THE PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATION/ PERFORMANCE MONITORING & EVALUATION 10 SEPTEMBER 2014

OUTLINE OF PRESENTATION Introduction Vision and Mission of the PSC Our Legislative Mandate Structure of the PSC: Single PSC/Support Structure Stakeholders Strategic outcome goals underpinning the work of the PSC Key Performance Areas How Parliament processes the PSC’s Products & Outputs Issues requiring attention Conclusion 2 2 2

INTRODUCTION The PSC is established by the Constitution of the Republic of South Africa, 1996, as one of the institutions to strengthen the oversight role of the legislatures over the Executive and Administrative branches of the state to facilitate transparent and effective policy formulation and implementation. In order to strengthen Parliament’s oversight role, the PSC interacts with the various Parliamentary Committees (PCs) to present its reports that PCs could utilise in exercising their oversight functions. Over the years the PSC has embarked on a process to establish and consolidate its working relations with the various PCs particularly this Committee. It is through this strong working relations that the PSC can support the PC to enable it to fully perform its oversight role. 3

THE PSC VISION & MISSION A champion of public service excellence in democratic governance in South Africa. Vision To promote the constitutionally enshrined values and principles throughout the public service by investigating, monitoring, evaluating, proposing measures, issuing directions, advising and reporting. Mission 4

OUR LEGISLATIVE MANDATE Sections 195 and 196 of the Constitution Sets out the powers and functions of the PSC The PSC is accountable to the National Assembly Public Service Commission Act, 1997 Provides for the regulation of the PSC, such as the appointment of Commissioners, conditions of appointment, functions of the PSC (inspections/ inquiries) Public Service Act, 1994 The PSC may issue directions to ensure compliance with the Act Right to have grievances lodged with the PSC Public Finance Management Act, 1999, read with the Treasury Regulations Reporting on finalised cases of financial misconduct to the PSC 5

OUR LEGISLATIVE MANDATE (2) Professional ethics Efficient, economic and effective use of resources A development-orientated public administration Provision of services in an impartial, fair and equitable way Public Participation Accountability Transparency Good HR management and career-development practices Representivitiy Values and Principles 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 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 6

OUR LEGISLATIVE MANDATE (3) give directions 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 Legislatures 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 7

OUR LEGISLATIVE MANDATE (4) The PSC is accountable to the National Assembly and interacts with Parliament and the Provincial Legislatures regularly, reporting on its activities and the performance of its functions as required by sections 196(4)(e) and 196(6) of the Constitution. The PSC’s main objective is to provide effective technical oversight over the public service nationally and provincially. To this end, the PSC conducts evidence-based research, monitoring and evaluation involving the gathering and collation of qualitative and quantitative data on public administration for use by the Legislatures and the Executive. The PSC also conducts inspections at service delivery points as well as public hearings on topical issues. 8

Commissioners recommended by the National Assembly SINGLE PSC Commissioners nominated by the Premiers on recommendation by the Provincial Legislatures Commissioners recommended by the National Assembly PSC 14 Members Members of the PSC are appointed by the President. The President designates one commissioner as chairperson and another as deputy chairperson of the PSC. 9

ORGANISATIONAL SUPPORT STRUCTURE PSC National Office Prov Office Gauteng Prov Office Free State Prov Office E Cape (W Cape & Parl Office) Prov Office Mpumalanga Prov Office Limpopo Prov Office KZN Prov Office N Cape N West

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

STRATEGIC OUTCOME GOALS UNDERPINNING THE WORK OF THE PSC 12

STRATEGIC OUTCOME ORIENTED GOALS The strategic outcome-oriented goals are geared towards the promotion of good governance for a successful Developmental State and improved performance of Government in equitable service delivery. Strategic Outcome Goal 1 Good governance in developmental public administration Goal statement Accountability and ethics in public administration enhanced 13

STRATEGIC OUTCOME ORIENTED GOALS (2) Improved service delivery Goal statement Service delivery by government is improved and meets the standards of equity, effectiveness, efficiency and economy. Strategic Outcome Goal 3 Institutional development of the PSC Goal statement An independent, impartial, knowledge-based custodian and champion of excellence in successful developmental public administration. 14

PSC’S OUTPUTS SOPS Citizen Satisfaction Surveys Citizen Forums Inspections Evaluation of HoDs Advice on PAs of HoDs Investigations Resolution of grievances Research on public admin practices Management of the Financial Disclosure Framework Management of the NACH Public Service Barometer These outputs are regarded as tools that the Portfolio Committees can utilise in performing their oversight function over national and provincial government (Administrative Branch). 15

PROGRAMME STRUCTURE The PSC’s programme structure is divided into 4 programmes; namely: The programme provides the overall management of the PSC and centralised support services. Prog: Admin Promotes sound Public Service leadership, human resource management, labour relations and labour practices. Prog: LMP Establish a high standard of service delivery, monitoring and good governance in the Public Service. Prog: M&E Undertake public administration investigations, promote a high standard of professional ethical conduct amongst public servants and contribute to the prevention and combating of corruption. Prog: IAC 16

KEY PERFORMANCE AREAS The PSC has operationalised its mandate around the following six (6) key performance areas: Public Service labour relations and practices enhanced through timely investigation of all properly referred grievances and provision of best practices. Labour Relations Improvement To identify and promote sound Human Resource Management Practices in public administration. Leadership and Human Resource Reviews

KEY PERFORMANCE AREAS (2) To provide institutional assessments and programme evaluations that support policy and management decisions. Governance Monitoring To provide participative evaluations as well as evaluations of service delivery models and processes to support policy and management decisions. Service delivery and compliance evaluations

KEY PERFORMANCE AREAS (3) To investigate and improve public administration practices and to make recommendations to departments on the promotion of good governance and issue directions regarding compliance with the Public Service Act, 1994. Public Administration Investigations To promote ethical conduct amongst public servants through the management of the Financial Disclosure Framework (FDF), the NACH and provide advice on professional and ethical conduct in the Public Service. Professional Ethics

HOW PARLIAMENT PROCESSES THE PSC’S OUTPUTS The diagram below demonstrates how the PSC’s products are processed and how the Portfolio Committees (PCs) could use them in performing their oversight work. PSC Report tabled in Parliament Report is referred to PCs PCs deliberates on the Report PC passes resolutions to ensure compliance WAYS PCs MAY UTILISE PSC OUTPUTS Written submissions may be requested from departments. Interactive meetings with departments to account for the progress made in implementing the recommendations. The PSC can make presentations on the report to assist the PCs Parliamentary questions to obtain responses from departments. In order to supplement the PSCs reports, information could be sourced through public hearings or inspections at departments. 20

ISSUES REQUIRING ATTENTION As a key stakeholder of the PSC, the PC can – contribute to the PSC’s vision of being a champion of public administration excellence in democratic governance in South Africa enable the PSC to play a more meaningful role in the creation of a professional public service Calling the Executive to account The practice adopted by the Portfolio Committee in 2011 of calling the Executive to account for non-submission of HoD performance agreements proved very useful as most EAs complied immediately after being called to account. This practice should be sustained and extended to other work of the PSC such as the financial disclosure framework, implementation of the recommendations of the PSC, etc. 21

ISSUES REQUIRING ATTENTION (2) Joint oversight visits to provinces Over the years the PSC was invited to be part of the PC’s oversight visits to provinces. The PSC provides evidence-based information relating to the areas the oversight visits would focus on. To this end, the PSC should be involved in planning of these oversight visits timeously so that its work programme could be aligned with that of the PC. The PSC also conducts inspections to service delivery sites as part of its work programme and produces reports on findings and make recommendations that are forwarded to the Executive to address. The PC may be invited to be part of these inspections if the PC so wishes. Otherwise the recommendations emanating from these inspections will be presented to the PC once the reports on the inspections are finalised. 22

ISSUES REQUIRING ATTENTION (3) Citizens Forums In 2005 the PSC together with the Portfolio Committee on Public Service and Administration piloted the Citizens Forum as a public participation mechanism in the Eastern Cape and Mpumalanga. The Citizens’ Forum was implemented in Msukaligwa municipality since 2012 and a member of this Committee accompanied the PSC to the initial Citizens Forum meeting. The involvement of the PC when the PSC launches the implementation of the Citizens Forums should be encouraged. Implementation of the decisions of the Citizen Forum hosted by the PSC at the Msukaligwa Municipality, 2013 23

ISSUES REQUIRING ATTENTION (4) Alignment with the National Development Plan Chapter 13 of the NDP provides that consideration should be given to the following: A strengthened role for the PSC to make it a robust champion of a meritocratic public service by promoting and monitoring key norms and standards. Consideration should also be given to whether the PSC’s mandate should be extended to include the primary responsibility for setting key norms and standards, especially for recruitment processes. That the PSC should play a direct role in the recruitment of the most senior posts. In order for the PSC to play a direct role as envisaged in the NDP, this would require amendments to legislation. 24

ISSUES REQUIRING ATTENTION (5) Implementation of Parliament Resolutions In November 2011, the National Assembly adopted as its resolutions the following recommendations of the PC with regards to the PSC: the PSC reports on the implementation of Section 195(1) by the administration of all spheres of government, organs of state and public enterprises in South Africa every year; the report of the PSC is contained in the annual report of the entity that the PSC is reporting on every year the National Assembly seeks to locate the budget of the PSC with Parliament’s budget vote the Speaker of the National Assembly should, in future, refer the PSC’s reports to Committees for consideration and report 25

ISSUES REQUIRING ATTENTION (6) Implementation of Parliament Resolution The PSC has considered the resolution of Parliament but due to resource constraints, it will only be able to implement the resolution in an incremental manner. The PSC is in a process of developing a roadmap to progressively realise the resolution of Parliament. In order for the PSC to fully implement the resolution, such as the promotion of democratic values and principles in all spheres of government, this would require legislative amendments. 26

CONCLUSION The PSC acknowledges the importance of positive working relations with Portfolio Committee on Public Service and Administration/ Performance Monitoring & Evaluation. Furthermore, the PSC believes that the strengthening of its collaborative relationship with PCs would serve as a catalyst to effective oversight over the Executive and the Administrative arms of government. Through its products and outputs, the PSC will enable the PCs to perform its political oversight roles over the Executive. Lastly, the PSC looks forward to fruitful engagements with the PCs and to strengthening working relations with the Committees. 27

Thank you Enkosi PSC Website: www.psc.gov.za National Anti-Corruption Hotline for the Public Service: 0800 701 701 Thank you Enkosi