NATIONAL MACRO ORGANIZATION OF STATE PROJECT (NMOS) 2014 Presentation to the Portfolio Committee Telecommunications and Postal Services NATIONAL MACRO ORGANIZATION OF STATE PROJECT (NMOS) 2014 Presentation to the Portfolio Committee Telecommunications and Postal Services 17 October 2014

Layout of Presentation  Background  NMOS Approach  Legal Matters  Transfer of Functions and Entities  Progress by DTPS 2

Background  Following the appointment of the national Executive by the President on 26 May 2014 (President’s Act No 135 and 136) various administrative and legal steps were taken to give effect to the new Executive portfolios.  The National Macro Organisation of the State NMOS Steering Committee was established comprising the DG: Presidency as the chairperson, DGs of All affected departments and the DGs; Department of Public Service and Administration, National Treasury, Government Communication Information System and Department of Public Works.  NMOS governance structures were establish to provide for:  Support by centre of government departments to affected departments.  A National Project Team comprising subject experts to assist departments  Departmental Project Teams and work streams to do the technical work in respect of the transfer of functions, staff and recourses between departments  Various guides have been drafted and shared with departments.  The National Project Team and departments meet bi-weekly to guide progress. 3

NMOS Approach Endorsed by Steering Committee  The NMOS process is limited to giving effect to the Presidential proclamations regarding the establishment of new or amended Executive portfolios, the renaming and establishment of new departments, and the transfer of legislation between Ministers in terms of the Constitution.  Introducing new policies and strategies and concomitant resourcing needs fall outside the scope of the NMOS.  Designing organisational structures are limited to the realignment of organisational structures of departments and excludes restructuring.  The deadline for the submission of proposed organisational structures to the MPSA for a determination was September  The NMOS process to be concluded by October Departments that are lagging behind will be dealt with as part of residual matters.  Staff will transfer with existing conditions of service (COS) benefits and retain those conditions of service until reviewed or re-negotiated. 4

Legal Matters  Proclamation (No. 43 of 8 July 2014) was Gazetted to amend Schedule 1 of the Public Service Act to establish new and renamed departments.  Proclamation (No. 47 of 15 July 2014) was Gazetted to transfer the administration of legislation and entities from one Minister to another in terms of section 97 of the Constitution.  Whilst retaining the current Votes, new Votes were created for new and renamed departments in terms of the 2014 Appropriation Act.  To facilitate the transfer of functions and resources within a financial year existing Departments were retained as holders of current Votes.  The Votes created by the Appropriation Act, allowed Treasury to transfer funding between departments as they finalise the transfer of functions and staff.  Practically, the GCIS became the new Department of Communications with its Vote and the current Department of Communications became the Department of Telecommunications and Postal Services with its Vote. 5

Transfer of Functions and Entities to the New Department of Communications  Government Communication and Information System functions  ICASA (From “old” department of Communications)  SABC (From “old” department of Communications)  Brand SA (From the Presidency)  Media Development Diversity Agency (From the Presidency)  Film and Publication Board (From Home Affairs) 6

Transfer of Functions and Entities to the New Department of Telecommunications and Postal Services  Current functions within the “old” department of Communications  Broadband Infrastructure Company (Pty) Ltd (From DPE)  South African Post Office Limited  Telkom SA Limited  National Electronic Media Institute of South Africa  State Information Technology Agency (From DPSA)  Universal Service and Access Agency of South Africa  Universal Service and Access Fund  Sentech Limited 7

Progress: Department of Tele- communications and Postal Services Proclamation No. 47/July 2014 assigned the following legislation to the Minister of Telecommunications and Postal Services:  Sentech Act – 1996  Post & Telecommunication-related Matters Act – 1958  Former States Posts & Telecommunications Act – 1996  The Postal Services Act – 1998  Electronic Communications Act – 2005  SA Post Office SOC Ltd Act – 2011  State Information Technology Agency Act – 1998  Telegraph Messages Protection Act

Progress: Department of Tele- communications and Postal Services Broadband Infrastructure Company (INFRACO): 1.INFRACO Board met in August 2014 and agreed with the transfer to a new shareholding Minister. 2.Proclamation (No. 67 of 26 September 2014) was Gazetted to transfer the powers and functions entrusted to the Minister of Public Enterprises by the Broadband Infraco Act, 2007 to the Minister for Telecommunications and Postal Services 9

Progress: Department of Tele- communications and Postal Services Overlaps have been identified between the Ministerial mandates of the Minister of Communications and the Minister of Telecommunications and Postal Services irt the following legislation:  ICASA Act, 2000  Broadcasting Act, 1999  Electronic Communication Act, This matter is being addressed by the Presidency:  with the support of the DPSA and State Law Advisers; and  In consultation with the relevant Ministers 10

Progress: Department of Tele- communications and Postal Services The MPSA made a determination on 19 September 2014, in terms of section (3)(4)(b) of the Public Service Act, 1994 that all the telecommunications and postal services functions, concomitant posts and staff be transferred from the Department of Communications (DOC) to the new Department of Telecommunications and Postal Services (DTPS), with effect from 1 October The functions, posts and staff of the current Department of Communications will form the start-up organisational structure for the DTPS. The President has signed a Presidential Notice to transfer the Director- General from the Department of Communications to the Department of Telecommunications and Postal Services. The DTPS is in discussion with the DOC and Department of Public Enterprises to address the transfer of resources, funds, personnel, etc The DTPS is also in the process of issuing letters to all employees ito their transfer to the new department.. 11

THANK YOU 12