Report of the Portfolio Committee on Public Service
and Administration on the State of the Public Service Report 2008, dated 18
November 2008:
1. Introduction
The basic values and principles governing public
administration are set out in the Constitution (Act 108 of 1996) under Section
195 (1). It states “Public administration must be governed by the democratic
principles enshrined in the Constitution, including the following principles:
(a)
A high standard of
professional ethics must be promoted and maintained.
(b)
Efficient, economic
and effective use of resources must be promoted
(c)
Public
administration must be development orientated.
(d)
Services must be
provided impartially, fairly, equitably and without bias.
(e)
People’s needs must
be responded to, and the public must be encouraged to participate in
policy-making.
(f)
Public
administration must be accountable
(g)
Transparency must
be fostered by providing the public with timely, accessible, and accurate
information.
(h)
Good human-resource
management and career-development practices, to maximise human potential, must
be cultivated.
(i)
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”.
The State of the
Public Service Report is an annual report that is compiled from a series of
monitoring and evaluation reports that are periodically compiled. Each edition
of the report highlights progress and challenges faced in the Public Service,
whilst simultaneously re-enforcing the principles of accountability and transparency.
The reports also
served as an important advocacy and learning function; as the focus on these
reports strengthened debates on improving public service performance. The
report presented was the seventh edition of the report since 2004.
2. Overview
of SOPS report
The committee received a briefing by the Public
Service Commission (PSC) on the State of the Public Service Report 2008 (SOPS
Report) on the 14 May 2008. This report will focus on the findings and
recommendations of the SOPS report per constitutional principle.
2.1 A high standard of professional ethics
must be promoted and maintained.
The SOPS report highlighted that a range of key policy
instruments, frameworks and commitments to several multi-lateral
anti-corruption agreements were in place by 2004. After 2004, milestones
towards supporting and deepening implementation included the promulgation of
the Prevention and Combating of Corruption Activities Act (Act 12 of 2004), and
the development of guidelines on the implementation of the Act.
The National Anti-Corruption Hotline (NACH) was the
most visible, and collaborative anti-corruption effort since 2004. The NACH has
become the most widely used facility to report acts of alleged corruption. The
partnership approach to anti-corruption promoted by the National Anti
Corruption Forum was further strengthened with the adoption in June 2005 of the
National Anti-Corruption Programme.
The post-2004 ethics landscape also witnessed renewed
debates on conflicts of interest beyond merely declaring potential conflicts of
interest. However, the PSC was disappointed by the limited progress on the
policy options it proposed in this area in 2006. An important milestone in 2006
was when
The overall low rate of feedback from departments
(36%) regarding cases of alleged corruption was concerning, as this marred the
efficacy of the Anti-corruption hotline. All departments sampled had not met
the minimum anti-corruption requirements. The high number of unresolved cases
affirmed perceptions of a corrupt Public Service. The PSC recommended that an
investment of resources in investigative capacity-building should be
prioritised, as this would progressively improve the standard of professional
ethics in the public service.
The Financial Disclosure Framework is a mechanism to
allow staff in the public service to disclose private interests they have in
order to avoid conflicts of interests. It was highlighted that the rate of
returns for the Financial Disclosure Frameworks at 85% fell short of the 100%
return rate required. The under reporting, the PSC found in terms of the
framework, pointed to poor political and administrative leadership which put
the Public Service at risk around potential conflicts of interest. The PSC
highlighted that the lack of a national integrity system could be a cause of
this underreporting; the system would take into consideration all the current
tools that exist to fight corruption, but are not yet aligned.
The PSC recommended that a 100% return rate of
Financial Disclosures should take place and that unethical conduct be
identified and dealt with. Policy gaps around dual employment should also be
dealt with. The Anti-Corruption summit taking place in 2008 could serve as a
platform for the promulgation of interventions.
2.2 Efficient, economic and effective use of
resources must be promoted
The adherence to this principle is difficult to
monitor, as it is difficult to objectively determine how resources could be effectively and efficiently utilised; and
implies that productivity could be standardised without taking into
consideration the current context of a skills shortage that the public service
is in. The foundation for greater adherence with the principle was, however
laid with the introduction of the Public Finance Management Act (No. 1 of 1999)
(PFMA), which deals specifically with measurable and quantifiable resources.
The introduction of nationally uniform sector-specific
budget structures has helped to simplify budget structures and facilitate
comparisons of performance between provinces after 2004. There was a reported
shift from narrow compliance based performance reporting towards reporting
focused on assessment of value delivered. Overall, there has been a decrease in
the level of under-spending. This suggested that departments were progressively
overcoming difficulties they experienced with spending their budgets.
A recurring concern over the period under review has
been the practice of unauthorised, irregular, fruitless and wasteful
expenditure. Such forms of expenditure are not in the interest of efficiency,
effectiveness and economy. It is also in contravention of sections of the
Public Finance Management Act (No. 1 of 1999).
It was observed that a significant increase in the
number of misconduct cases was reported by departments. The number of cases
reported was 1042 cases in 2006/7. Section 86 of the PFMA outlines criminal
proceedings that should result from offences, and penalties that should be
enforced. The cost of the misconduct reported amounted to R45 million in
2005/6. Departments need to ensure that they also increase the rate of
recovering money from officials involved in acts of financial misconduct
The PSC recommends that in order to bring an end to
the practice of unauthorised, fruitless, irregular and wasteful expenditure,
departmental performance management and disciplinary processes should
decisively deal with unacceptable forms of expenditure.
2.3 Public
Administration must be development oriented
The Millennium Development Goals (MDGs)
were promulgated as government’s development agenda after 1994. The MDGs are:
Addressing poverty has been a critical objective. The
economic growth of the country since 2004 has enabled an increase in public
expenditure by over 9% per annum since 2004 on services, such as housing,
education, income support and primary health. The Expanded Public Works
Programme created 854 406 job opportunities nationally. The programme aimed to
create 1 112 000 jobs by September 2007. This meant that programme achieved a
77% implementation rate.
The introduction of no-fee schools also promotes the
developmental principle of the public service, with 55,2%
of public schools open to the poor. There has also been a broadening of access
to services, such as the provision of piped water, basic sanitation facilities
and the delivery of subsidised houses. The report found that attention should
be paid to the infrastructure that government has created to support
development.
Approximately 25% of the population benefit from
social grants. The rapid increase in the number of beneficiaries suggests that
what was intended as a safety net is becoming an increasingly costly
intervention. It was found that this programme’s sustainability was
questionable.
Steps have also been taken to develop a poverty matrix
for the country. This matrix, however, should not lead to oversimplifications
of the lived experiences of the poor. PSC studies showed that active
beneficiary participation and alignment of projects with local development
plans remain a challenge. The co-ordination of poverty reduction programmes
also remained a challenge. The challenge of inequality also prevails, with
intra-race inequality increasing as poverty is reduced.
The PSC recommended that the work that has been initiated to develop and implement a comprehensive
poverty reduction strategy should be accelerated. Monitoring and evaluation of
government’s poverty reduction programmes is essential to understanding
appropriate interventions to alleviate poverty.
2.4 Services
must be provided impartially, fairly, equitably and without bias
The SOPS report noted that there have been important
achievements for this principle.
Inequality between races has dropped to 41% in 2006, compared to 45% in
2004. Policies like Broad Based Black Economic Empowerment (BBBEE) have
elevated the prospects of previously disadvantage individuals. In 2006 mergers
and acquisitions of BEE amounted to 15% of total mergers and acquisitions and
totalled R56 billion. However, there are growing concerns that policies of this
nature have exacerbated intra-racial inequality, as only some individuals in a
particular race group are able to take advantage of the opportunities.
Improvements have also been noted with regard to
access to education, with Africans comprising 60% of university and university
of technology students.
The review of Institutions Supporting Democracy has
been an important development as it re-enforces and promotes the institutions
that promote fairness and equity.
The SOPS report noted the efforts to improve
compliance to the Promotion of Administrative Justice Act (PAJA). Training was
offered by the Dept of Justice and Constitutional Development. However, after 7
years it is a concern that progress remains slow and procedures are not adhered
to. This may be due to the lack of sanctions for non- compliance. This concern
is compounded by the fact that very few departments have service standards in
place, and when members of the public complain, redress mechanisms are either
not available or are ineffective.
The PSC found that the high investment in raising
awareness of PAJA and training for the past seven years have not translated
into commensurate improvement in how the decision-making is carried out. Of the
53 departments that the PSC evaluated on PAJA compliance, it was found that the
majority of departments were not meeting their basic compliance requirements.
Experience in the promotion of whistle-blowing in the
public service suggests that fear of victimisation is an important factor
affecting the public’s involvement in reporting allegations of corruption. The
possibility that fear of victimisation impacts on the implementation of PAJA,
the SOPS report warns, should not be ignored. More education for the public on
their rights is required. It was recommended that with awareness programmes
like ‘knowing your rights’ campaigns, complaint channels and recourse
mechanisms in departments should be functional and operational.
2.5 People's
needs must be responded to and the Public must be encouraged to participate in
policy making
Recently, the service delivery protests drew attention
to the need for public participation in policy making. This showed that it was
necessary that government-community relations should be stable in the interest
of good governance.
Izimbizos, which are government meetings with
communities, have been used to strengthen relations with communities. Although
these meetings provided opportunities for communities to communicate directly
with government, it did not allow for government to communicate with
communities, the progress of implementing concerns raised
at Izimbizos. The lack of a proper feedback loop is a
concern the SOPS report highlighted. This does not allow communities to track
the progress or implementation of concerns they raised at izimbizos.
Taking into consideration that Government hosted Izimbizos since 2000, when it was adopted by Cabinet, it
does pose a problem for monitoring and evaluating the implementation of
decisions taken at forums like Izimbizos.
The 3000 Community Development Workers were deployed
in 2000 participating municipalities, and play an important role in supporting
communities to access government services. They also participate in local
development initiatives, but their impact needs to be monitored.
A recurring problem remains the lack of guidelines
prescribing minimum levels of consultation. This is an important indicator to
see how well the public is encouraged to participate in policy-making. Given
the challenges of creating a common understanding of participatory governance;
formulating and implementing minimum guidelines on consultation, by
departments, is important.
A recurring challenge is the lack of redress
mechanisms in terms of the Batho Pele
Principle of Redress. A very small proportion of departments (3-5%) rated
themselves as excellent in the implementation of this principle.
Since 2003 the PSC completed 4 Citizen Satisfaction
surveys and the average satisfaction level was 67%, with the Departments of
Transport, Correctional Services, Home Affairs and Housing receiving the lowest
ratings. It was important to look closely at what citizens were saying in these
surveys. For example only 44% of respondents indicated satisfaction with the
crime reporting services of South African Police Services (SAPS). This means
that 56% of the respondents were not satisfied with the crime reporting by the
SAPS. This implies that the reporting by the SAPS is not satisfactory.
Therefore, when SAPS reports an annual murder rate of 20 000 and 52 000 rapes,
the veracity of the figures reported should be questioned.
The SOPS report recommended that Government should
look critically at strengthening public participation in policy formulation,
with a view of formulating a policy on how this can be done across departments.
2.6 Public
Administration must be accountable
To facilitate accountability various instruments, such
as the Promotion of Access to Information Act (PAIA) and PAJA have been put in
place to allow citizens certain levels of unfettered access to information held
by departments.
A key instrument for accountability is the Performance
Management and Development System which, since 2006, requires senior managers
to incorporate all the Batho Pele
principles into their work plans. Accountability has also been extended by
disqualifying HoDs from receiving financial
performance rewards if their department under- or over spend materially. The
development of a Government Wide Monitoring and Evaluation system during the
period under review also marked an important development in efforts to improve
accountability for performance.
Qualified audit opinions have remained a source of
concerns over the period under review, with some departments receiving such an
opinion for fours years in a row. This goes against the principle of an accountable public administration. It also raises questions
about the seriousness with which government’s responsibility of accountability
is being taken by the public service.
The PSC report found that there was no reason for the
cycle of qualified audits and poor performance management not to be broken
decisively. The poor use of performance agreements (PAs)
as an accountability mechanism was also a recurring concern; these agreements
were not always entered into, or were concluded late. In some instances,
officials receive performance bonuses without concluding PAs.
It was an indictment on the Executive and Heads of Departments that the
completion of PAs was ignored to a point where the
President found it necessary to highlight it in the State of the Nation
Address.
The PSC has previously proposed a round-table
discussion on the challenges of effective implementation of the Performance
Management Development System for Heads of Departments. The report recommended
that a meeting should be convened as a matter of urgency. It was further
recommended that the use of organisational performance assessment should also
be considered to provide further insight into the performance of departments.
2.7 Transparency
must be fostered by providing the public with timely, accessible and accurate
information
The transparent sharing of information enables the
public to participate in policy making and also assist the public in its
decision-making about the service Government provides. Government’s Programme
of Action is published on the government’s website and progress on
implementation updated every two months. Whilst progress has been made in terms
of Annual reports, there are still weaknesses with full adherence to the
Treasury Guidelines.
Many of the weaknesses in departments are attributed
to the non-compliance with policy requirements, such as appointing a Deputy
Information Officer. Departments should appreciate those mechanisms that
promote access to information, which in return also boosts public confidence in
government institutions. It is also important that Annual Citizens reports are
completed, as required by prescripts. The development of Annual Citizens`
Reports should be something each department commits to. There is no reason why
departments work plans and quarterly plans are not published on department’s
websites. This would also assist in making
the public aware of how departments
implement their annual strategic plans.
Public confidence is also influenced by the transparency
and reporting on how government manages the private contributions that members
of the public offers public servants. Only 4 in 10 departments keep gift
registers.
2.8 Good
Human resource management and career development Practices, to maximise Human
Potential, must be cultivated
As interpreters and implementers of policy, public
servants play a critical role in service delivery and their potential should be
optimised. There has been a shift in the Public service away from past
management practices that were compliance driven, to approaches that harness
human potential and support good performance. The Accelerated Development
Programme is a useful initiative, targeting middle managers from designated
groups to prepare them for the challenges of functioning in senior management.
However, the programme should be supported and monitored. The Khaedu training programme also assists in keeping senior
managers in touch with up-to-date implementation practices.
A stable environment is required for effective Human
Resource Management and collective bargaining has been used to reach agreement
on a wide range of issues. The massive Public Service strike of 2007 should
lead to honest reflection on what went wrong with the process.
The long period of time taken to fill posts remains a
challenge. Line Managers should also play an active role in Human Resource
management. The report recommends that skills development should also be
prioritised.
2.9 Public
Administration must be broadly representative of the South African People
It is important that the Public Service mirrors the
South African population in all its diversity. The effectiveness of measures
such as Affirmative Action (AA) needs to be carefully considered at this
juncture as there are debates around whether AA is still necessary and whether
it is in fact not perpetuating class divisions. The most visible success has
been the extent to which the Public Service reflects the demographic
composition of the country. Race representivity has
continued to improve with the figure for African employees increasing from 74%
to 80% in 2007.
Concerns were raised that departments have taken
exceptionally long to conform to gender representivity
target of 30%; it has been reported that it may take longer to reach the
revised target of 50% at Senior Management Services level.
The greatest challenge has been in improving
disability representivity, which at 1,79% is below the target of 2%. The hearings by the PSC
attempted to provide an appreciation of the challenges faced by departments in
the achievement of disability representivity. The
development of a central database for people with disabilities should assist,
and strategic partnerships in this regard are important.
To improve gender mainstreaming focus needs to move
beyond numeric targets to also consider issues of family friendly policies and
improved gender relations in the workplace. It is important that representivity continues to be monitored. It is also
important that diversity management receives attention and that
efforts to create dynamic, co-operative and productive work place
cultures are enhanced.
3. The
PSC SOPS Roundtable report.
The Committee noted the
excellent recommendations and questions that participants at the SOPS
roundtable, held earlier this year, added to the discussion around the report.
Some key questions were
asked by Professor McLennan in the Roundtable discussion the PSC hosted. The
Committee believes that these discussions will assist the PSC in its mandate to
better monitor and evaluate the administrative practices in the Public Service.
4. Conclusion
The Public Service Commission found that overall, good
progress has been made during the period under review. However, there should be
an appreciation of the fact that more needs to be done, and that the quality
and pace of service delivery should be accelerated.
The Public Service has now had sufficient operational
experience in implementing new policies. It is important that effective
monitoring of performance continues and that action is taken where concerns are
identified.
5. Recommendations
It is against the above report that the Committee
recommends that:
Report to be considered.