MM Forum April `13 Final Presentation
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Transcript MM Forum April `13 Final Presentation
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MUNICIPAL MANAGERS
FORUM
30 April 2013
PUBLIC ADMINISTRATION MANAGEMENT BILL
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OUTLINE OF
PRESENTATION
Introduction and Background
Problem statement
Why we need a uniform system of public administration
Key pillars for the implementation of a uniform system of public
administration
Scope & object of the Draft Bill
How will the object of the Draft Bill be achieved
Terms and Conditions of service
Vesting of HR powers
Deployments &Post employment restriction
Miscellaneous provisions
Regulation-making powers
Public Service Commission mandate and amendment of other laws
New Proposed amendments
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Way forward
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INTRODUCTION
• In 2007 Cabinet approved draft legislation in support of
establishment of a Single Public Service (SPS).
• SALGA developed a discussion paper on the SPS for PMAs
and Provincial Conferences that took place during 2007.
• feedback received from provinces were incorporated into the
discussion/ position paper and tabled for discussion and
consideration by the SALGA National Conference of 2007.
• Conference made input which led to further work conducted on
the impact of the SPS.
• Revised position paper presented to and adopted by National
Consultative Workshop (Oct ‘07) and the NMA (March ‘08).
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INTRODUCTION
• DPSA presented Public Administration Management Bill
(PAMB) at NEDLAC in April 2008 and later tabled it in
Parliament in June 2008.
• Due to lobbying from social partners (business and labour) a
decision was taken to withdraw the Bill and to further consult
the relevant stakeholders.
• During January 2013, the DPSA revived the discussions around
the PAMB and asked NEDLAC to facilitate consultation on the
PAMB.
• Technical Task Team comprising of Labour, Business and
Government has been convened under the auspices of the
Labour Market Chamber to consult on the PAMB.
• SALGA included in Task Team as part of the Govt delegation.
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INTRODUCTION
• PAMB Task Team convened first meeting 17 April ‘13 to:
– consider the PAMB;
– to strive to reach maximum areas of agreement on the
content of the PAMB; and
– to produce a NEDLAC report on the deliberations of the Task
Team.
•
The task team will aim to complete its work within three months
(by June 2013) in accordance with the NEDLAC Protocol for
Tabling Matters.
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PROBLEM STATEMENT
• Our Public Administration does not have uniform norms
and standards for amongst others;
– service delivery,
– mobility of personnel vertically and horizontally
throughout the spheres,
– Information and Communication Technology,
– Conditions of Service,
– discipline management,
– recruitment,
– anti-corruption measures,
– training and development, and
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– the establishment of integrated service centres.
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NEED FOR UNIFORM
SYSTEM OF PUB ADMIN?
Strategic alignment & harmonization of institutions
within three spheres of government
Create strong centre of government that is in position to hold
service delivery vehicles together & to provide support,
guidance & advice where needed
Create seamless & integrated service delivery through a single
window approach
• convenience to service recipients
• integrated service delivery platforms & front offices (Thusong
Service Centres)
Creating shared vision & common culture of service delivery
across all spheres
Systematically share knowledge, expertise, resources & best
practices to preclude weak links
Stability & improved intergovernmental relations
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NEED FOR UNIFORM
SYSTEM OF PUB ADMIN?
Optimal utilization of limited resources underpinned by
creating government institutions that are accessible, efficient,
representative, accountable, sustainable & responsive to
service delivery needs
Framework to facilitate mobility within spheres of government
Clearly defined employment practices, including remuneration
& conditions of service, for all employees
Clearly defined employee relations framework & mandating
arrangements
Aligned training & capacity development to ensure transfer of
knowledge & skills across spheres
ICT:
• Interoperability of ICT transversal systems, e.g. financial &
human resource systems
• Maximization of economies of scale in ICT goods &8 service
• Elimination of duplication of costly efforts in ICT
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KEY PILLARS FOR
IMPLEMENTATION
The implementation of a Uniform Public Administration is
underpinned by five pillars:
1. Service Delivery
Access initiatives for seamless service delivery, e.g.
Batho Pele Portal, Thusong Service Centres, Pilot Urban
Mall, Geographical Information System (GIS), Access
Studies
Culture of service delivery, e.g. infusing Batho Pele in
three spheres; setting of service standards
2. ICT enablement
e-Government strategic framework to guide institutions in
coordinating their ICT initiatives to advance, enhance &
enable delivery of services via ICT
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KEY PILLARS FOR
IMPLEMENTATION Cont..
3. Human Resource Management & Development
Harmonisation & better alignment of institutional enablers
that will contribute towards enhanced service delivery, e.g.
wage policy, harmonized conditions of service, norms &
standards for human resource management &
development, legal mechanisms for staff mobility
4. Anti-corruption
Development of public sector Anti-Corruption Strategy,
review of anti-corruption capacity across government &
evaluation of existing frameworks
5. Framework Legislation for a Uniform Public Administration
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IMPACT ON MUNICIPALITIES?
Draft Bill recognises constitutional powers of municipalities:
• Municipalities appoint & dismiss their employees within
national framework of norms & standards
• In circumscribed instances, the Minister for PSA sets limits on
terms & conditions of employees in three spheres & address
unjustifiable disparities
Where municipalities’ interests are affected:
• SALGA’s concurrence as representing national organised
local government
• Consultation with Minister for Co-operative Governance &
Traditional Affairs (MCGTA)
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SCOPE & OBJECT
Scope
Public service consisting of national & provincial
departments; and
Municipalities (cl 2)
Object
With due regard to Ch 10 values & principles in the
Constitution, provide for administration in the three
spheres of government to be organised & to function in
ways that ensure efficient, quality, collaborative &
accountable service delivery to alleviate poverty & promote
social & economic development for the people of South
Africa (cl 3)
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HOW WILL OBJECT
BE ACHIEVED?
Object to be achieved by, among others—
• Providing for use & development of institutions, systems, practices,
procedures and human, ICT & other resources
in manner which maximises human potential & addresses staff
shortages & barriers to staff mobility & efficiency in institutions and
service delivery
• Providing for frameworks for personnel & public administration systems,
practices & procedures
• Providing for setting of standards for services & facilitating culture of
service delivery
• Removing & preventing unjustifiable disparities in conditions of service of
employees
• Providing for a Senior Management Service
• Providing for standards of conduct & anti-corruption measures to promote
service delivery, ethical conduct & professionalism of employees
• Providing for e-government as key mechanism to improve internal
efficiency of institutions & service delivery (cl 3)
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TERMS & CONDITIONS
OF EMPLOYEES
(OTHER THAN SNR MNGMNT)
Collective bargaining to continue in current bargaining
councils for public service (PSCBC) & local govt (SALGBC)
Limited by ministerial power to remove or prevent unjustifiable
disparities by• Tabling proposals in bargaining council/s
• Requiring that employer parties must obtain
Mandate; or
Authorisation before concluding collective agreements
falling outside prescribed framework (cls 29 & 30)
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TERMS & CONDITIONS
OF EMPLOYEES
(SNR MANAGEMENT)
Proposes creation of Senior Management Service (SMS)
consisting of national, provincial and municipal senior
managers
For SMS members the MPSA to determine
• Framework of minimum & maximum remuneration levels;
and
• Norms & standards on conditions of service (cl 15)
In respect of local government, MPSA must
• Consult Minister of COGTA; and
• Obtain SALGA’s concurrence
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VESTING OF HR POWERS
Political head to appoint head of institution & managers
reporting to head
National/provincial departments: President/Premier
Municipalities – Municipal Council (cl 13)
Administrative head to appoint remainder of staff & to
determine organisational structure
• For municipality, appointments are subject to municipal
council’s policy directions (cl 11(1)(g) & 21(1))
Stated that municipality is employer of all its employees (cl
21(2))
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DEPLOYMENTS
Transfer/secondment without individual’s consent is
only fair taking into account
• Operational requirements, incl. whether secondment would
address requirements &
• Employee’s representations taken into consideration (cls 24
& 25)
Transfer/secondment to & from municipalities/ provincial
departments – agreement of affected municipality/provincial
department required (cl 24(8) & 25(6))
Tailor-made s197 (LRA) for staff transfers in case of function
transfers (cl 26)
Expedited procedures for disputes about fairness of transfer &
secondment (cl 27)
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POST EMPLOYMENT
RESTRICTION
Cooling off period for 12 months for employees involved in
procurement (cl 37)
• Employee may not accept employment with successful
service provider
• Provision for deviation from 12 month period
• Sanctions include
Employee or service provider that contravenes this
provision guilty of offence & if convicted - fine up to
R1 million
Contravention constitutes good cause for cancelling
contract with service provider
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MISCELLANEOUS
Training (cls 31-34)
• Recognise PALAMA & other training institutions
• Provision for compulsory training, registration of training
standards & accreditation as training providers
Employees as candidates for legislatures (cl 36)
• May be candidate subject to code of conduct & prescribed
limits
• Once elected, employment contract automatically
terminates
• Proposed that employees may not be part-time municipal
councilors
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MISCELLANEOUS
When person applies for post – must disclose prior
actions on grounds of misconduct/ill health/poor performance
& known pending actions (cl 39)
Allow for continuation of incomplete disciplinary/ other actions
when employee leaves institution & joins another within Bill’s
scope (cl 39)
May prescribe period within which re-employment of
employees found guilty of misconduct are prohibited (cl 40)
When contraventions of Act/regulations occur, relevant
authority compelled to discipline employees & to keep record
thereof (cl 49)
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REGULATION-MAKING POWERS
MPSA to set, through regulations, norms & standards on
personnel and public administration practices, procedures &
systems (cl 44)
Before making regulations (cls 45-46)
• Notice & comment process
• In respect of local government, concurrence of SALGA and
consultation with MCGTA
• If regulation concerns matter of mutual interest, Minister or
party to bargaining council may table it for negotiation
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PSC MANDATE &
AMENDMENTS TO OTHER LAWS
Propose extension of Public Service Commission’s
mandate to local government (Schedule 3, Part A, item 3)
Draft Bill proposes (cl 55 & Sch 3)
• The repeal of Public Service Act, 1994
• The amendment/repeal of only HR related provisions in
Municipal Structures Act (i.e. s82)
Municipal Systems Act (i.e. ss 1, 26, 55(1), 56, 57, 66-72
& Sch 2)
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NEW PROPOSED
AMENDMENTS
• As part of fighting corruption, professionalising public administration and
ensuring compliance with norms and standards set for administration,
following amendments are proposed before draft Bill is re-introduced:
– Prohibition of employees to do business with State.
– Establishment of anti-corruption bureau to deal with corruption related
misconduct cases in administration.
– Office of Standards and Compliance: monitor compliance with norms and
standards and also to assist public administration with compliance.
– Regulating candidature of employees during election by deeming them to
have resigned upon acceptance of nomination to stand for election.
– Enhancing clause dealing with outside remunerative work by defining
“remuneration” and clarifying that where no decision is made on
application it should be deemed that approval was not granted.
– Removal of reference to part-time employment in Bill.
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– Provision to criminalise failures to comply with provisions of Bill
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WAY FORWARD
• new proposals + legislative amendments impacting
on PAMB since 2008, it becomes necessary for SALGA to
embark on a consultative process with its members:– provincial workshops;
– culminate in a national workshop to consolidate the
provincial input.
– Due to the NEDLAC timeframes these workshop must take
place by end-May 2013 in order for SALGA to make
comprehensive input into the NEDLAC process.
Re-introduction in Parliament in June 2013
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THANK YOU
CONTACT DETAILS:LANCE JOEL
012 3698000
0829083335
[email protected]