EASTERN CAPE PROVINCIAL LEGISLATURE

PORTFOLIO COMMITTEE ON THE OFFICE OF THE PREMIER

Negotiating mandate .of the Public Service Amendment Bill (B31B-2006)

1. Terms of reference

The Public Service Amendment Bill (B31B-2006), hereinafter referred to as the Bill, was referred to the Portfolio Committee on the Office .of the Premier by the NCOP Business Committee far consideration.

2. Consideration of the Bill

The Portfolio Committee was briefed on the content and effect .of the Bill by the Permanent Delegate. The Committee welcomes the Bill as it will improve organizational human resource framework within the public service, which in turn will improve service delivery.

The Committee further conducted public hearings an the Bill.

3. Negotiating mandate of the Committee

The Committee resolved to confer the following negotiating mandate

3.1 Clause 3

It is noticed that where the Minister has to consult with the executive authority, it is after consultation and where the Minister has to consult with the Premier, it is in consultation. It is proposed that clause 4(b) be amended to be in consultation as opposed to after consultation. The Minister must exercise powers in consultation with the Executive Authority and this should apply throughout the Bill.

Clause 3(8)(a) is in our view, very wide. This begs a question as to what acts are referred to in this clause. It is proposed that this clause should be reworded to reflect the fact that the acts referred to in this clause will be as prescribed. Alternatively, the acts referred to in this clause must be specified.

3.2 Clause 7

There is no need to deem collective agreements, Ministerial determinations in view of section 23 of the Labour Relations Act which spells out the legal effect of collective agreements and therefore sub-clause 6(a) must be reworked. This section state that collective agreement binds parties to it and there is no need to do anything further to make collective agreements to be binding.

The correction of any acts by the functionary must be done subject to the Promotion of Administrative Justice Act where it affects an individual and this Act must be specifically referred to in sub-clause 7(a).

3.3 Clause 9

In view of clause 7(3) (d) which states that the Head of Department of the Office of the Premier has no power to perform any duty specifically assigned to heads of Provincial Departments, it is proposed that the residual powers of the Head of Department of the Office of the Premier over provincial Departments be specified.

"The Head of Department of the Office of the Premier must be given powers over the Departments on transversal matters, over-arching matters and matters of provincial importance.

3.4 Clause 18

This clause should be beefed up to indicate that the special contract should clearly state the roles and responsibilities of the persons so appointed.

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3.5 Clause 25

Sub-clause 3(b) relates to the fact that the period of absence must be deemed to be a leave without pay. This is a bit harsh as the circumstances may demand a different response. For example, if the person was unconscious a~ the hospital it may be necessary to deem the absence a sick leave. It is suggested that the executive authority be given discretion to deal with the matter taking into account the circumstances of each case.

3.6 Clause 26

The circumstances that the Executive Authority shall consider in deciding whether or nor to grant permission shall be stated in the Bill.

4. The Portfolio Committee further resolve that Hon. B. Tunyiswa represents the Province of the Eastern Cape in a meeting to consider the negotiating mandate.

N KIVIET

SPEAKER: EASTRERN CAPE PROVINCIAL LEGISLATURE