PRESENTATION TO THE PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATION PUBLIC SERVICE COMMISSION 18 November 2009

Introduction Implementation of the PSC’s recommendations Issues identified from the PSC’s Annual Report Conclusion PRESENTATION OUTLINE 2

INTRODUCTION 3 The Public Service Commission (PSC) uses recommendations as a key measure to direct departments to improve upon their performance. As part of its responsibility to ensure that good governance is promoted, the PSC monitors the implementation of its recommendations, in order to, inter alia, -  Identify departments which do not heed advice, so as to make the necessary interventions.  Use such feedback to inform its strategies and programmes. The purpose of this presentation is to outline how the PSC monitors the implementation of its recommendations, the challenges it experiences, and the assistance it needs from Parliament. The presentation also briefly discusses a few key areas identified by the Portfolio Committee from the PSC’s Annual Report.

IMPLEMENTATION OF THE PSC’S RECOMMENDATIONS 4 In order to systematise the process of issuing and tracking its recommendations, the PSC has developed a “Protocol for tracking and monitoring the implementation of the recommendations of the PSC” (September 2009). The PSC’s recommendations are communicated to the relevant implementation authority in a management letter:  Drawing the attention of the Executive Authority (EA)/ Head of Department (HoD) to the specific recommendations that the department is expected to implement.  Directing the EA/HoD to, within stated timeframe, provide feedback to the PSC on whether the department has implemented the recommendations or not.  Indicating that the PSC is willing to make a presentation on the report or matter.

IMPLEMENTATION OF THE PSC’S RECOMMENDATIONS 5 Where appropriate the PSC highlights the problems, risks or consequences that may result from non-implementation of the recommendations. Informing departments that in those instances where the recommendations –  are not implemented; and  no valid reasons are provided the PSC will advise the Portfolio Committee for Public Service and Administration or other relevant parliamentary committee or committee of the relevant provincial legislature accordingly.

CHALLENGES EXPERIENCED BY THE PSC AND STEPS TAKEN TO ADDRESS THESE 6 The main challenge is that feedback on implementation of recommendations of the PSC is inadequate. For example, out of 933 recommendations made in 2008, 91 (10%) were implemented and on 821 (88%) no information was available. Where feedback has been received on the implementation of recommendations, the implementation rate is high. These feedback challenges are addressed administratively by issuing a first and a second reminder to the department. In the second reminder the EA/HoD to draw their attention to the fact that should feedback not be provided to the PSC, the PSC may issue summons forcing the EA/HoD to provide the required information. Measures include -  Advocacy on the findings and recommendations  Agreeing with the appropriate department on a specific implementation plan for the recommendations  Providing support to the department in implementing the recommendations

AREAS IDENTIFIED FOR FOLLOW-UP 7 Inadequate information provided by departments when submitting grievances  The PSC acts as an arbiter in the resolution of the grievances of employees in the Public Service after the internal departmental process has been exhausted.  EAs fail to provide adequate information to the PSC to enable it to pronounce on grievances.  The PSC has had to issue summons to HoDs and EAs in an attempt to obtain outstanding information. Maladministration, HR and procurement irregularities  The PSC has introduced access mechanisms through which public servants and members of the public can report corruption, namely the PSC’s Complaints Rules and the NACH.  The PSC is dependent on departments for the provision of the necessary documentary evidence which in many instances are not provided timely.  The PSC has had to issue summons to HoDs and EAs in an attempt to obtain information.  Investigative capacity within the PSC has to be bolstered to effectively deal with the increasing number of complaints.

AREAS IDENTIFIED FOR FOLLOW-UP 8 Contradictions, inconsistencies and ambiguities regarding the management of conflicts of interest  One measure through which public servants may be exploited is by accepting gifts, either in a personal capacity or for services rendered.  The apparent contradictions, inconsistencies and ambiguities with regard to the current regulatory provisions on the acceptance of gifts in the public service are being addressed through the Conflicts of Interest Framework that the DPSA is developing. Governance and monitoring challenges  There is a need to build capacity to deal with cases of misconduct.  Challenges around ensuring that performance indicators are measurable in terms of quality, quantity and time dimensions.  Projects aimed at development orientation are not of an acceptable standard.  Departments’ performance were negatively affected by the long time it takes to fill vacancies (more than 90 days on average).  Meeting the national representivity targets and diversity management are problem areas that need to be addressed.

AREAS IDENTIFIED FOR FOLLOW-UP 9 Verification of qualifications  The PSC verified qualifications of the SMS in 2001 and the MMS in  In 2005 PSC published a set of Guidelines on the Verification of Qualifications in the Public Service.  An oversight Report on the Verification of Qualifications in the Public Service was published in  The DPSA has informed departments that the bulk verification of qualifications should be undertaken by 1 November  The responsibility to verify qualifications is placed on departments and the PSC will monitor progress. Effective implementation of PAJA  The implementation of the PAJA is still unsatisfactory.  Manuals and training programmes are available on the implementation of PAJA, and there is no reason why departments should continue to show such inadequate levels of implementation.  The Department of Justice and Constitutional Development monitors the implementation of the PAJA.

AREAS IDENTIFIED FOR FOLLOW-UP 10 Report on Performance Agreements as a performance management tool  PAs can be a useful management tool.  They are largely entered into for compliance purposes only, often contain poor content, and tend to be used by supervisors for punitive rather than developmental purposes.  The format and requirements of PAs should be simplified.  Challenges emanating from non- compliance should not be offloaded onto PAs.

CONCLUSION 11 Parliament currently considers reports of the PSC. The process needs to be improved to ensure that reports are:  Adopted, in which case Parliament makes its own recommendations on how the report should be dealt with by government/ departments. The PSC requires that Parliament supports it by also:  Generating debate on key issues coming from the PSC’s reports.  Calling upon departments to account when they have not implemented the recommendations of the PSC. This will improve the compliance rate of departments with regards to the recommendations of the PSC, as its recommendations get taken more seriously.

THANK YOU!