ATC240214: Report of the Portfolio Committee on Public Service and Administration on the Public Service Amendment Bill [B13 – 2023] (National Assembly – sec 76)], dated 14 February 2024

Public Service and Administration

Report of the Portfolio Committee on Public Service and Administration on the Public Service Amendment Bill [B13 – 2023] (National Assembly – sec 76)], dated 14 February 2024

 

 

1.Background and Referral of the Bill

 

The Portfolio Committee on Public Service and Administration (“the Committee”) having considered the Public Service Amendment Bill [B13-2023], referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 76 Bill, reports the bill with amendments [B13A-2023] as follows:

On 19 May 2023, the Speaker, through ATC No 68—2023, of the Sixth Parliament, introduced and referred to the Portfolio Committee on Public Service and Administration of the National Assembly the Bill, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160. The Bill was published in the Government Gazette No 48449 on 21 April 2023.

 

2.Objects of the Bill

 

The objects of the Bill are to:

 

1. To amend the Public Service Act, 1994, to provide for the devolution of administrative powers from executive authorities to heads of department;
2. To augment the role of the Director-General in the Presidency to support the President;
3. To provide for a mechanism to deal with the recovery of overpayments of remuneration and benefits;
4. To clarify the role of the Public Service Commission in respect of grievances;
5. To clarify the role of the President and the Premiers in respect of the appointment and career incidents of heads of departments; and
6. To provide for matters connected therewith.

3.Parliamentary process

 

3.1 The Committee placed an advertisement on national newspapers and on the Parliament website from 30 June to 11 August 2023, requesting interested stakeholders to submit written submissions on the Public Service Amendment Bill. The following organisations and individuals submitted written inputs to the Committee: Local Government Advocacy Learning Network (LGALN); Mr. Thulani Nzuza; NEHAWU; Western Cape Province; Public Affairs Research Institute; Helen Suzman Foundation; City of Cape Town; COSATU; and South African Teachers Union (SAOU).

3.2 On 13 September 2023, the Committee received an analysis of the written submissions. On 18 October 2023, the Committee held physical public hearings in Parliament, to solicit oral submissions from stakeholders and members of the public. The Committee further extended the invitation for oral submissions to the Auditor- General South Africa, the Presidency and the Socio-Economic Impact Assessment (SEIA) Unit to provide more inputs on the Bill.

3.3 The Department of Public Service and Administration and Parliament Constitutional and Legal Services Unit responded to both written and oral submissions on the Bill. Having received written and oral submissions and the Department having responded on the Bill, the Committee incorporated all inputs, discussed and approved the Public Participation (Hearings) Report on the Public Service Amendment Bill.

3.4 National Assembly Rule 286(4)(i) requires that “the Committee, after due deliberation, must consider a “Motion of Desirability” on the subject matter of the Bill and, if rejected, must immediately table the Bill and its report. The Committee agreed that the Public Service Amendment Bill (B13-2023) was desirable. Thereafter followed by the deliberations on the Bill.

3.5 On 15 November 2023, the Committee deliberated on the A-version of the Bill [B13A-2023] and proceeded to clause-by-clause deliberations to ensure that all changes have been incorporated.

3.6 On 14 February 2024, the Committee considered and adopted both the A and B versions of the Bill as a true reflection of the committee’s deliberations. The following political parties expressed their views:

Democratic Alliance and Economic Freedom Fighters reserves the right to the Bill.
African National Congress supports the Bill.

 

4.  Recommendation

 

The Portfolio Committee on Public Service and Administration recommends that the House adopts the report and approves the second reading of the Public Service Amendment Bill, as amended[B13B -2023].