PUBLIC SERVICE COMMISSION INPUT ON POSSIBLE DUPLICATION IN

PUBLIC SERVICE COMMISSION INPUT ON POSSIBLE DUPLICATION IN THE FUNCTIONS OF INSTITUTIONS SUPPORTING DEMOCRACY Presentation to the Portfolio Committee on Justice & Correctional Services 1

PRESENTATION OUTLINE • • • Introduction The PSC Vision & Mission Our Legislative Mandate Single PSC Public Protector Commission for Gender Equality SA Human Rights Commission Possible duplication in functions Conclusion 2

INTRODUCTION • The PSC is established in terms of Chapter 10 of the Constitution. • It derives its mandate from sections 195 and 196 of the Constitution, 1996, which sets out the values and principles governing public administration which should be promoted by the PSC, as well as the powers and functions of the PSC. • The PSC is the only body with an oversight, promotional, investigative and directional role over the Public Service. It does not share this mandate with any other institution. 3

INTRODUCTION (2) • The PSC was established 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. • This presentation will– ü provide a brief overview of the PSC’s mandate and functioning, and ü deal with the question of the Portfolio Committee regarding possible duplication that have been observed during the execution of the PSC’s duties. 4

THE PSC VISION & MISSION 5

OUR LEGISLATIVE MANDATE Values and Principles • In terms of section 196(4) of the Professional Constitution, the powers and ethics functions of the PSC are to. Efficient, economic and effective o promote Constitutional use of resources Values and Principles in the A development-orientated public Public Service administration Provision of services in an o investigate, monitor and impartial, fair and equitable way evaluate the organisation and Public administration, and the Participation Accountabilit personnel practices of the y Public Service Transparenc o propose measures to ensure y Good HR management and effective and efficient career-development practices performance within the Public Representiviti Service y 6

OUR LEGISLATIVE MANDATE (2) o 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 o report on activities to the National Assembly and to Provincial Legislatures in respect of activities in Provinces o either of own accord or on receipt of a complaint: ü investigate the application of personnel and public administration practices and report to the relevant EA & Legislature ü investigate grievances of employees in the Public Service and recommend remedies ü monitor and investigate adherence to applicable procedures in the Public Service ü advise National and Provincial Organs of State regarding personnel practices in the Public Service 7

SINGLE PSC 9 Commissioners nominated by the Premiers on recommendation by the Provincial Legislatures PSC 14 Members 5 Commissioners recommended by the National Assembly • Commissioners of the PSC are appointed by the President. • The President designates one commissioner as chairperson and another as deputy chairperson of the PSC. 8

PUBLIC PROTECTOR PP mandate To investigate any conduct in state affairs, or in the public administration in any sphere of government, that is alleged or suspected to be improper or to result in any impropriety or prejudice (S 182 (1) (a) of the Constitution). PSC mandate On own accord or on receipt of a complaint, to investigate adherence to applicable procedures in the public service (S 196 (4)(b) and (f) of the Constitution) • Both the PP and PSC has the mandate to conduct investigations into complaints. ü The PP’s focus is on alleged or suspected improper conduct in state affairs. ü The PSC’s focus is on the organization, administration and personnel practices of the public service. 9

PUBLIC PROTECTOR (2) • Both institutions have a mandate over the public service. • Even where the PSC does not find conduct to be legally improper, it will advise on how it may be improved to ensure greater effectiveness and efficiency. • Given that both institutions have an investigative mandate in terms of public service, the PSC and the PP entered into a Memorandum of Understanding (Mo. U) to enhance co-operation, efficiency and effectiveness and to avoid duplication of activities. • This was done to ensure optimal utilization of resources. • The Mo. U is being reviewed in order to enhance its effectiveness. 10

COMMISSION FOR GENDER EQUALITY • CGE mandate • • • PSC mandate • To promote respect for gender equality and the protection, development and attainment of gender equality (S 186(1) of the Constitution). Mandate over all spheres of society. Shall investigate any gender-related issues of its own accord or on receipt of a complaint (S 11 of the CGE Act) The PSC must promote is that public administration must be broadly representative of the South African people, with employment and personnel management practices based on ability, objectivity, fairness, and the need to redress the imbalances of the past to achieve broad representation. On own accord or on receipt of a complaint, to investigate adherence to applicable procedures in the public service (S 196 (4)(b) and (f) of the Constitution) 11

COMMISSION FOR GENDER EQUALITY (2) • Both the CGE and PSC has the mandate to conduct investigations into complaints. ü The CGE’s focus is on gender equality and the protection, development and attainment thereof. ü The PSC’s focus is on personnel practices to ensure that they are in line with the Constitutional value and principle of a broadly representative public service and it investigates the grievances of public servants. • Both institutions have a mandate over the public service in respect of gender equity. 12

SOUTH AFRICAN HUMAN RIGHTS COMMISSION SAHRC mandate The SA HRC has the power to – • investigate and to report on the observance of human rights (S 184(2) of the Constitution); • take steps to secure appropriate redress where human rights have been violated (S 184(2) of the Constitution). • • PSC mandate • To investigate, monitor and evaluate the organization and administration, and personnel practices in the public service. Propose measures to ensure effective and efficient performance within the public service. To investigate grievances of employees in the public service concerning official acts or omissions, and recommend appropriate remedies. 13

SA HUMAN RIGHTS COMMISSION (2) • Both institutions have a mandate over the public service. • The PSC, in promoting the values and principles of the Constitution, is contribution to the promotion of human rights. • The evaluation of the implementation of specific legislation, policies or programmes in the Public Service by the PSC may overlap with work done by the SAHRC. ü For example, the monitoring of the implementation of the Promotion of Access to Information Act, which the PSC in the past used as an indicator under the principle of transparency. • Duplication may also arise if persons are affected by service delivery related actions of departments within the public service, for example, effective and efficient performance in relation to the provision of access to water and sanitation. • There has been instances of cooperation between the PSC and SAHRC wherein complaints were referred to avoid duplication. 14

POSSIBLE DUPLICATION IN FUNCTIONS • There areas of overlap of functions between the PSC and some State Institutions Supporting Constitutional Democracy (ISDs), in particular with regard to the investigative mandate. Such overlap may lead to duplication, if not managed appropriately. • There also overlaps with regard to promotional work. • The difference is that the PSC’s focus is on the public service, whereas ISDs focus on the public administration and society as a whole. 15

CONCLUSION • In order to ensure optimal use of its resources, eliminate duplication of work and curb forum shopping, the formal and informal strategic partnerships have been formed with institutions where an overlap in the powers/ functions has been identified. • The Forum for Institutions Supporting Democracy provides another platform for the institutions supporting democracy to pursue cooperation, collaboration and an alliance while maintaining their independence and autonomy. • The Forum has already established working groups which are responsible for undertaking various initiatives that will assist in raising the profile of this Forum and that will enhance cooperation. • One such working group is undertaking an initiative to improve case management to, amongst others, minimize duplication. 16

SIYABONGA ENKOSI PSB Website: www. psc. gov. za National Anti-Corruption Hotline for the Public Service: 0800 701 17