Cape Town – The Department of Public Service and Administration says it is almost ready to publish regulations that will enable it to implement the Public Administration Management Act, a new law that prohibits public servants from doing business with the state.
Lynette Sing, the department’s chief director responsible for integrated public sector reform, said this when briefing Members of Parliament during a meeting of the Portfolio Committee on Public Service and Administration on Wednesday.
The Act, which was introduced with an aim of professionalising the public service, was signed into law by President Jacob Zuma in December last year.
The department appeared before the committee to give an update on the progress that the department had made in implementing the Act ever since it was signed into law.
“Provisions of the Act have not yet been brought into effect. This will be done through a further proclamation that the department will facilitate to be signed by the President. It is envisaged that the Act will be brought into effect once the draft regulations have been finalised as most of the sections require regulations,” she said.
The Act seeks to, amongst other things, provide a legal framework across the three spheres of government to bring uniformity in accountability.
The new law also makes provision for:
- The establishment of the integrity unit within the public service, which deals with ethics, integrity and disciplinary measures;
- Prohibition of doing business with the state;
- The introduction of minimum norms and standards in key dimensions of public administration for both the public service and municipalities;
- The establishment of the Office of Standards and Compliance; and
- The National School of Governance to be positioned as a higher education institution.
The Act further compels public servants to promote and maintain a high standard of professional ethics.
It also regulates the transfers and secondment of employees, whereby employees would need to be suitably qualified for the intended position upon transfer.
Unless the employee consents, the conditions of service may not be less favourable than those on which the employee was employed was employed immediately before the transfer.
Sing said over and above the prohibition of doing business with the state, the new law also penalises public servants who fail to comply with the regulations.
“Failure to comply with this section is an offence, and any person found guilty of the offence, and any person found guilty of the offence is liable to a fine or imprisonment for a period not exceeding five years or both such find and imprisonment; and constitutes serious misconduct which may result in the termination of employment by the employer,” Sing said.
Director General at the department, Mashwahle Diphofa, said he would soon provide the committee with the roadmap and timeframes outlining how long it would take for the regulations to be finalised.
He said part of the challenge in enforcing discipline was capacity for departments, from having officials available to investigate, preparing charge sheets to holding the disciplinary inquires.
Diphofo said a pool of experts had been assembled and was ready to be deployed to departments that would require assistance in dealing with disciplinary cases.
He said, however, that the taking action rested with the executive.
Consultations with the South African Local Government Association (SALGA) and the Department of Higher Education and Training would take place in relation to the Act affecting the local government sphere and the National School of Government. – SAnews.gov.za
