IMPLEMENTATION OF RECOMMENDATIONS MADE BY THE PUBLIC SERVICE COMMISSION

Implementation of Recommendations made by the Public Service Commission

Month & Year

Project/ Investigation/ Grievance

Recommendation

Implemented

Comment on Status

Yes

Key Performance Area: Professional Ethics and Risk Management

AUGUST 2001

A Review of South Africa’s Anti- Corruption Agencies

The OPSC should address its lack of funds.

Unknown

The role of the OPSC should be clarified in a policy statement The PSC should focus on corruption prevention and monitoring

Restructuring in progress

The different roles of the ICD and SAPS ACU should be clarified ICD should focus less on corruption and more on deaths in detention

Unknown

Certainty regarding SAPS Commercial Crime Unit restructuring should be provided. The loss of skilled staff by the Unit should be addressed Members of SAPS should be trained in commercial crime, fraud and corruption investigative skills.

Unknown

Current status is unknown

Some restructuring within SAPS has taken place – details unknown

The uncertainty around the future of the SAPS Anti-Corruption Unit should be addressed urgently Accountability concerns of the Unit should be addressed. The possibility of the Unit reporting to a civilian body should be considered. NPA should ensure that information is readily available & publicly accessible. Cases should be classified by crime type. Directorate of Special Operation should ensure Ministerial protocols are finalized regarding co-operation and case allocation and referral arrangements between criminal justice agencies. DSO should upgrade its information systems/data on corruption cases. Asset Forfeiture Unit should be supported by other agencies and political principals. The SIU should be relocated as proposed. DPSA should lead and give guidance in the formulation and functioning of the anti-corruption strategy. The contribution the NIA is making to the national anti-corruption strategy should be defined. SARS should be invited to the NACF as they could provide invaluable information on fighting corruption. NACF should be encouraged to play a crucial advisory and consultative role in the fight against corruption.

Uncertain

Unknown

Media reports indicate mixed success – latest reports forthcoming.

DPSA is giving guidance and detailed functioning of the national anti-corruption strategy.

Unknown

Should be investigated by the secretariat.

The Forum has not been as effective as envisaged.

march 2001

In order to save resources, co-ordination around investigations amongst agencies working on investigations should be improved A single agency should be considered after an integrated and holistic approach by different agencies has been attempted.

Special Cabinet Committee should be appointed to help implement these recommendations.

ETHICS SURVEY – 2001

Ethics in Practice

Comprehensive ethics programmes should be developed. Ethical performance should be effectively measured and reports should be integrated with other existing focus areas such as finance and environment. Ethics policies should be effectively designed and implemented. Appropriate ethics training programmes should be developed at all levels within organizations. Effective whistle blowing mechanisms should be developed. Mechanisms should be promoted amongst staff to ensure that employees understand the need for-as well as the consequences of it. Senior level staff should be appointed to coordinate and implement ethics programmes.

Some of these recommendations are in progress with respect to the public sector but further research and promotion in this area is needed to develop a more detailed understanding of ethics practices in South Africa.

Department of Justice and the Public Service Commission are developing regulations and implementation mechanism

Key Performance Area: Risk Management

Feb 2002

Integrated Risk Management in the Public Service: A Provincial Perspective

A national framework and guidelines for Risk Management in the Public Service should be developed.

Institution of new management practices (including risk management) should be properly monitored and evaluated.

Existing transversal management training programmes should include integrated Risk Management.

Risk Management should be included in the performance agreements of all senior managers.

A national consultation to address the national framework and to develop guidelines is planned for Nov 2002. Is done as part of the implementation of the national anti-corruption strategy for the public service.

National Treasury is also monitoring progress as part of the monitoring of the implementation of the PFMA.

A risk assessment tool to measure the quality and comprehensiveness of risk management frameworks implemented in departments is developed by OPSC in conjunction with GTZ.

Busy with planning. Project to be developed in conjunction with SAMDI and the UN. (As part of the Global Programme against Corruption signed between RSA and UN)

This recommendation is included in the national anti-corruption strategy (Strategic Consideration 5- Improved management policies and practices) and will be taken up in the national guidelines to be produced by OPSC.

Key Performance Area: Professional Ethics Promotion

MAY 2002

Hotline Report

A national hotline should be established either in the Office of the Public Service Commission or Office of the Auditor-General A data management system should be established for the national hotline

Report has been completed and the possibility of a National Hotline is being explored.

MAY 2002

Report on requirements for blacklisting of business organisations and individuals proven to have been involved in corruption or unethical conduct.

Legal framework for blacklisting is in place. Anti-corruption clauses should be inserted into all government contracts; A supplier pronouncement code should be developed A public information program should be developed.

Report presented to G&A cabinet cluster at end of July 2002, but this is a pending matter.

APRIL 1999

Management of Asset Register

Financial disclosure forms should be submitted simultaneously to EA and to the PSC. Correspondence regarding the submission of the financial disclosures forms should be sent directly to heads of departments. An electronic financial disclosure framework should be developed.

Recommendations made to Cabinet

May 2002

Explanatory Manual on Code of Conduct

Each Public Servant should be issued with a copy of the Explanatory Manual.

One million copies were produced and distribution is in progress.

Key Performance Area: Special Investigations

FEBRUARY 2002

Investigation into procurement and distribution of state medicines.

The Mpumalanga Department of Health should undertake specific investigations into officials implicated in theft of medicines.

The Dept. contracted a company to pursue the investigations

APRIL 2001

Investigation into allegations of Maladministration and Nepotism in the Department of Education, Limpopo.

Training for managers should provide more realistic projections Proper delegations should be established. The MEC should formally and directly follow up with both his SG and his staff dealing with the receipt of internal and external correspondence and submissions The Department should find a person to run and manage the statistics system. Politicians should refrain from exerting undue pressure on officials and SGB’s in the appointment of principals at schools. The department should finalise its Equity Plan. Office bearers should be encouraged to follow proper lines of communications when dealing with officials The Department should be more cautious about accepting offers which compromise its integrity and objectivity when awarding tenders. The Department should ensure that promotion /appointments are in line with the relevant Public Service Regulations.

Unknown, but follow-up has been made and response is expected.

Evaluation of Eastern Cape Anti- Corruption Programme.

The Eastern Cape Anti-Corruption programme should revise its strategy and align with national strategy. A structure to assist the Executive to formulate policy should be created. A single non-executive multi-sectoral anti-corruption forum should be created. Payment systems should be improved. A hotline should be implemented. The following Internal Controls should be implemented.

A system generated commitment register for BAS should be developed.

The shortage of computers & auditing software should be addressed.

Disciplinary policies and procedures:

The neutrality of labour relations officers should be ensured.

An independent authority should be appointed to consider appeals.

PERSAL should be implemented.

Suspensions should be reviewed and better managed.

Training should be implemented.

Additional resources should be secured to conduct investigations. The following Departmental Policies should be developed:

Discipline

Management of suspensions

A monitoring protocol between the PSC and Eastern Cape Administration has been prepared for signature by both parties.

Key Performance Area: Management and Service Delivery Improvement

1999

Case study of the South African Post Office

A different model of service delivery should be developed to improve organisational performance.

Unknown

Unknown.

October 1999

Report on the Evaluation of Departments’ Annual Reports as an Accountability Mechanism

Line departments, the Auditor General, the Department of Finance, the Department of State Expenditure, the Department of Public Service and Administration and the Public Service Commission jointly should develop new prescripts and guidelines on annual reporting.

National Treasury issued guidelines on annual reporting.

MARCH 2000

Organisational Structure: Department of Agriculture, Northern Province

A new structure should be adopted.

Only certain aspects of the recommendations were implemented.

MARCH 2000

Foreign Affairs Transformation Strategy

Programme and projects should be formulated in line with the broad areas identified for task team responsibility, including an employment equity plan and implementation strategy.

Unknown

March 2000

Report on Home Affairs Batho Pele and Management Audit Investigations

The Department should embark on a fundamental re-engineering of all its service processes to address the strategic challenges facing it.

The Department of Public Service and Administration and the OPSC engaged in a comprehensive organisational development and process re-engineering intervention in the department. The intervention was titled "Project Tiro".

March 2000

Investigation into Land Administration, Geographic Information System and Fleet Management in the Eastern Cape

Land Administration

A land law review exercise should be undertaken

Geographic Information Systems

The process of establishing the appropriate location of a GIS system should be investigated.

Fleet Management

The appropriate model for the handling of fleet by Government should be investigated.

Report to be finalised during September.

The Premier’s Office identified as the appropriate location.

The final report is currently in print.

August 2000

Survey of Compliance with the Batho Pele Policy

Department’s strategic and business objectives should include their service delivery objectives, so as to facilitate the integration between Batho Pele and the normal day to day business of the Department.

Based on an evaluation of service delivery improvement plans and citizens’ reports, departments have implemented the Batho Pele only superficially. This exercise, coupled with targeted support to departments, should probably be repeated.

October 2000

Investigation into the Procedure for Prescribing Northern Sotho/Sepedi Literature Books: Grade 10-12 for 2001-2005

Corrective measures should be implemented, tightened to enhance the credibility of the textbooks awarding process.

Unknown

November 2000

Management Structures of the Department of Health in the North West Province

A strategic management plan should be put in place to strengthen the functioning and effectiveness of management structures.

January 2002

Monitoring and Evaluation System Pilot Study in the Northern Cape

The provincial administration should invest resources and management time in further developing the management information systems to collect data on the indicators that is reliable and timeous and that routinely flows to key decision-makers.

Unknown

The findings were presented to the HOD forum and Cabinet and the finding and recommendations fully supported.

Key Performance Area: Human Resources Management and Development

July 2000

Investigation into the management of Probation in the Public Service.

Various recommendations were made in respect policy development and procedure application.

^(Partially)

PERSAL data was tracked with the assistance of National Treasury to assess the extent to which departments are updating information. A follow-up investigation is contemplated for 2003.

August 2000

Investigation into alleged irregularities in the HR practices of the Department of Correctional Services.

A number of recommendations were made, ranging from policy development to the review of cases.

^{(Not yet completed)}

Monitoring originally scheduled for October 2001, but has been deferred.

New date to be determined in conjunction with the HoD.

May 2001

Investigation into alleged irregularities in the staffing practices of the Free State Department of Agriculture.

A number of recommendations were made, ranging from policy development to the review of cases.

^{(August 2002)}

Checklist sent to department August 2002. To monitor compliance with PSC’s recommendation. Where non-compliance reasons must be furnished.

September 2001

Investigation into alleged irregularities in the appointment of three Directors in the Free State Department of Education.

A number of recommendations were made, ranging from policy development to the review of cases.

^{Scheduled for October 2002.}

In process of developing checklist against which compliance with recommendations will be assessed.

August 2001

Investigation into alleged irregularities in the appointment of the Director: Corporate Services in the Free State Department of Environmental Affairs and Tourism.

Recommendations were made in regard to policy and procedure development and the review of the case in accordance with PSR VII D.7.

^{(Not in accordance with recommendation)}

Matter resulted in a court case, which was settled outside of court.

September 2001

Investigation into the HR Component of the Free State Department of Education.

A number of recommendations were made, ranging from policy and procedure development to control mechanisms.

^{Scheduled for October 2002.}

In process of developing checklist against which compliance with recommendations will be assessed.

July 2001

Investigation into alleged irregularities in the staffing practices of the Mpumalanga Department of Public Works, Roads and Transport.

A number of recommendations were made, ranging from policy and procedure development to the review of cases.

^(Partially)

Head of Department has been charged with misconduct and has subsequently resigned.

Other policy issues scheduled for monitoring in November 2002.

October 2001

Investigation into complaints against the Mpumalanga Department of Health.

Various recommendations were made in respect of policy development.

^{Scheduled for November 2002.}

Will monitor policy development and consistent application of policy. e.g. overtime policy.

August 2001

Investigation into alleged irregularities in the staffing practices of the KZN Department of Education and Culture.

A number of recommendations were made, ranging from policy and procedure development to the review of cases.

^{Scheduled for November 2002.}

Will monitor compliance with the recommendations.

February 2000

Investigation into the State of Representativeness in the Public Service.

Various recommendations were made in respect of departments meeting targets through updating the information on PERSAL

Monitoring is being done via PERSAL and VULINDLELA with the assistance of National Treasury on a quarterly basis to inform parliamentary and legislative structures.

October 2000

Investigation into the filling of the post of Deputy Director-General in the KwaZulu-Natal Department of Education and Culture.

The PSC recommended that the appointment of the incumbent to the post of Deputy Director-General is ultra vires and null and void for the stated reasons. The appointment should be reversed and the post readvertised.

Premier of the KwaZulu-Natal Province has dealt with the matter.

May 2001

Inquiry into a complaint on allegations of fraud, corruption and maladministration by educators from Damorosa Prevocational School, Chatsworth in the KwaZulu-Natal Department of Education and Culture.

A number of recommendations were made, ranging from appointment of the Principal and Deputy Principal being null and void to disciplinary processes being reviewed for implementation.

A reminder has been sent to the present MEC for Education requesting a response to the recommendations contained in the report.

May 2001

Investigation into the appointment of a consultancy in the KwaZulu-Natal Department of Transport.

The PSC recommended that the matter not be pursued further as the appointment of consultants was necessary and due process as followed in the appointment.

Not applicable.

July 2001

Investigation into irregular filling of a post of Chief Director in the Gauteng Department of Education.

The allegations were unfounded as due process as followed and the PSC was satisfied that the matter not be pursued any further.

Not applicable.

July 2001

Investigation into alleged misrepresentation of qualification of the Chief Director: RDP in the KwaZulu-Natal Department of Economic Development and Tourism.

The Department was advised to handle the matter internally as this was a basic Human Resource function.

Matter was referred to the department for handling.

August 2001

Investigation into the Verification of Qualifications of Senior Managers in the Public Service.

Various recommendations were made ranging from the submission of outstanding information from senior managers to training being given to senior managers in collaboration with DPSA and SAMDI.

^(Partially)

Submission of information from 25 officials still outstanding. In respect of other recommendations, interactions with relevant role-players need to be made.

September 2001

Investigation into the appointment of a consultant in the Office of the Premier, KwaZulu-Natal Provincial Administration.

The PSC advised that the appointment was made from donor funding and within the prescripts laid down by the Auditor-General in the Province.

Not applicable.

February 2002

Investigation into Disability Equity in the South African Public Service.

Various recommendations were made ranging from meeting of targets in the employment of people with disabilities, and their accommodation in the working environment to the monitoring by various stakeholders.

Report to be presented to the Portfolio Committee on Public Service and Administration. Thereafter, monitoring and recommendations contained in the report will be carried out with departments.

Key Performance Area: Labour Relations

September 2001

Report on the Management of Suspensions in the Public Service as from 1 July 1999 until 31 July 2000

Various recommendations were contained in the report ranging from training, extension of fields on PERSAL and guidelines to manage suspensions.

(Partially)

A meeting took place between the Office and the DPSA to discuss the extension of PERSAL. A meeting with SAMDI to discuss training has taken place. Course material has been adopted. Guidelines are in print.

Investigate grievances of public servants

Recommendations are made to individual departments.

This Office has a system in place where the implementation of the Commission’s recommendations are followed-up and reported to the Commission bi-yearly.

9 October 2000

Allegations of mismanagement in the Premier’s Office (Provincial Administration: Gauteng).

Recommendations made in respect of the development of a recruitment policy and procedure and the reconstruction of the filing system.

Recommendations were implemented by department.

8 April 2002

Investigation into the Free State Regional Office: Department of Justice and Constitutional Development.

15 recommendations relating to the management of the Regional Office were made.

Director-General of Justice & Constitutional Development indicated in a letter that he accepted the recommendations.

8 August 2002

Investigation into allegations lodged by management staff of the Department of Economic Development and Tourism: North West Province.

A number of recommendations were made in respect of training of managers and dealing with poor performance of managers.

Report sent to MEC in August 2002. Allow for three months before follow-up.

Key Performance Area: Senior Management and Conditions of Service

June 2000

Report on career management in the Public Service.

Career management programmes to be developed and implemented.

Progress to be assessed.

Recommendations made have long term effects.

November 2000

Report on the management of leave at the Department of Correctional Services.

Recommendations related to accessibility to leave prescripts, it’s effective control and training on leave.

Establish the feasibility on a 7 day work week. PERSAL to be desentralized to prison level.

This aspect will be included in the follow-up phase. Date to be determined in conjunction with HoD.

November 2000

Report on the management of overtime at the Department of Correctional Services.

A number of recommendations were made ranging from feasibility of a 7 day week establishment, administration of overtime and decentralization of PERSAL at prison level.

This aspect will be included in the follow-up phase. Date to be determined in conjunction with HoD.

March 2002

Report on the management of senior managers’ performance agreements.

Various recommendations were made ranging from the role of DPSA on performance agreements and its review to the role of SAMDI on training in this regard.

Will be followed-up once a reasonable period of time has lapsed since the report was tabled in Parliament during the 2^nd half of 2002.

March 2002

Sick leave trends in the Public Service.

Recommendations related to the administration on sick leave, capturing on PERSAL and the on reporting mechanisms pertaining to leave.

PSC to report every 3 years on sick leave trends in the Public Service to Parliament.