PRESENTATION TO THE PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATION

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PRESENTATION TO THE PORTFOLIO COMMITTEE ON PUBLIC
SERVICE AND ADMINISTRATION
PUBLIC SERVICE COMMISSION 18 November 2009
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PRESENTATION OUTLINE

• Introduction
• Implementation of the PSCs recommendations
• Issues identified from the PSCs Annual Report
• Conclusion

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INTRODUCTION

• The Public Service Commission (PSC) uses
  recommendations as a key measure to direct
  departments to improve upon their performance.
• As part of its responsibility to ensure that good
  governance is promoted, the PSC monitors the
  implementation of its recommendations, in order
  to, inter alia, -
• Identify departments which do not heed advice, so
  as to make the necessary interventions.
• Use such feedback to inform its strategies and
  programmes.
• The purpose of this presentation is to outline
  how the PSC monitors the implementation of its
  recommendations, the challenges it experiences,
  and the assistance it needs from Parliament.
• The presentation also briefly discusses a few key
  areas identified by the Portfolio Committee from
  the PSCs Annual Report.

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IMPLEMENTATION OF THE PSCS RECOMMENDATIONS

• In order to systematise the process of issuing
  and tracking its recommendations, the PSC has
  developed a Protocol for tracking and monitoring
  the implementation of the recommendations of the
  PSC (September 2009).
• The PSCs recommendations are communicated to the
  relevant implementation authority in a management
  letter
• Drawing the attention of the Executive Authority
  (EA)/ Head of Department (HoD) to the specific
  recommendations that the department is expected
  to implement.
• Directing the EA/HoD to, within stated timeframe,
  provide feedback to the PSC on whether the
  department has implemented the recommendations or
  not.
• Indicating that the PSC is willing to make a
  presentation on the report or matter.

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IMPLEMENTATION OF THE PSCS RECOMMENDATIONS

• Where appropriate the PSC highlights the
  problems, risks or consequences that may result
  from non-implementation of the recommendations.
• Informing departments that in those instances
  where the recommendations
• are not implemented and
• no valid reasons are provided
• the PSC will advise the Portfolio Committee for
  Public Service and Administration or other
  relevant parliamentary committee or committee of
  the relevant provincial legislature accordingly.

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CHALLENGES EXPERIENCED BY THE PSC AND STEPS
TAKEN TO ADDRESS THESE

• The main challenge is that feedback on
  implementation of recommendations of the PSC is
  inadequate.
• For example, out of 933 recommendations made in
  2008, 91 (10) were implemented and on 821 (88)
  no information was available.
• Where feedback has been received on the
  implementation of recommendations, the
  implementation rate is high.
• These feedback challenges are addressed
  administratively by issuing a first and a second
  reminder to the department.
• In the second reminder the EA/HoD to draw their
  attention to the fact that should feedback not be
  provided to the PSC, the PSC may issue summons
  forcing the EA/HoD to provide the required
  information.
• Measures include -
• Advocacy on the findings and recommendations
• Agreeing with the appropriate department on a
  specific implementation plan for the
  recommendations
• Providing support to the department in
  implementing the recommendations

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AREAS IDENTIFIED FOR FOLLOW-UP

• Inadequate information provided by departments
  when submitting grievances
• The PSC acts as an arbiter in the resolution of
  the grievances of employees in the Public Service
  after the internal departmental process has been
  exhausted. 
• EAs fail to provide adequate information to the
  PSC to enable it to pronounce on grievances.
• The PSC has had to issue summons to HoDs and EAs
  in an attempt to obtain outstanding information.
• Maladministration, HR and procurement
  irregularities
• The PSC has introduced access mechanisms through
  which public servants and members of the public
  can report corruption, namely the PSCs
  Complaints Rules and the NACH.
• The PSC is dependent on departments for the
  provision of the necessary documentary evidence
  which in many instances are not provided timely.
• The PSC has had to issue summons to HoDs and EAs
  in an attempt to obtain information.
• Investigative capacity within the PSC has to be
  bolstered to effectively deal with the increasing
  number of complaints.

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AREAS IDENTIFIED FOR FOLLOW-UP

• Contradictions, inconsistencies and ambiguities
  regarding the management of conflicts of interest
• One measure through which public servants may be
  exploited is by accepting gifts, either in a
  personal capacity or for services rendered.
• The apparent contradictions, inconsistencies and
  ambiguities with regard to the current regulatory
  provisions on the acceptance of gifts in the
  public service are being addressed through the
  Conflicts of Interest Framework that the DPSA is
  developing.
• Governance and monitoring challenges
• There is a need to build capacity to deal with
  cases of misconduct.
• Challenges around ensuring that performance
  indicators are measurable in terms of quality,
  quantity and time dimensions.
• Projects aimed at development orientation are not
  of an acceptable standard.
• Departments performance were negatively affected
  by the long time it takes to fill vacancies (more
  than 90 days on average).
• Meeting the national representivity targets and
  diversity management are problem areas that need
  to be addressed.

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AREAS IDENTIFIED FOR FOLLOW-UP

• Verification of qualifications
• The PSC verified qualifications of the SMS in
  2001 and the MMS in 2005.
• In 2005 PSC published a set of Guidelines on the
  Verification of Qualifications in the Public
  Service.
• An oversight Report on the Verification of
  Qualifications in the Public Service was
  published in 2008.
• The DPSA has informed departments that the bulk
  verification of qualifications should be
  undertaken by 1 November 2009.
• The responsibility to verify qualifications is
  placed on departments and the PSC will monitor
  progress.
• Effective implementation of PAJA
• The implementation of the PAJA is still
  unsatisfactory.
• Manuals and training programmes are available on
  the implementation of PAJA, and there is no
  reason why departments should continue to show
  such inadequate levels of implementation.
• The Department of Justice and Constitutional
  Development monitors the implementation of the
  PAJA.

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AREAS IDENTIFIED FOR FOLLOW-UP

• Report on Performance Agreements as a performance
  management tool
• PAs can be a useful management tool.
• They are largely entered into for compliance
  purposes only, often contain poor content, and
  tend to be used by supervisors for punitive
  rather than developmental purposes.
• The format and requirements of PAs should be
  simplified.
• Challenges emanating from non-compliance should
  not be offloaded onto PAs.

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CONCLUSION

• Parliament currently considers reports of the
  PSC. The process needs to be improved to ensure
  that reports are
• Adopted, in which case Parliament makes its own
  recommendations on how the report should be dealt
  with by government/ departments.
• The PSC requires that Parliament supports it by
  also
• Generating debate on key issues coming from the
  PSCs reports.
• Calling upon departments to account when they
  have not implemented the recommendations of the
  PSC.
• This will improve the compliance rate of
  departments with regards to the recommendations
  of the PSC, as its recommendations get taken more
  seriously.

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THANK YOU!