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8 February 2006

Introduction

As members of the press corps by now know, the Public Service Commission (PSC) is established in terms of Chapter 10 of the Constitution of the Republic of South Africa (1996) to act as an independent and impartial oversight body with the responsibility of promoting good governance in the public service. The central tenets of the work of the PSC are the nine constitutional principles which while requiring of the public service to be developmental also give content to how this developmentalism should be achieved.

The PSC has put much of its efforts into assisting the public service performing effectively and efficiently, and as such it has formed an integral part of strategic interventions in provincial and national departments. Its mandate is confined to national and provincial departments and excludes local government. It plays an important role in assisting the public service to achieve a culture of good governance, underpinned by the values and principles of public administration contained in the Constitution.

Significantly, the Constitution vests the PSC also with the responsibility of critically overseeing government’s performance in public administration. This custodial oversight responsibility for the public service has placed the PSC in a position where it has gained a comprehensive view of the public service and how it has been performing.

Flowing from this mandate, we step back every year to evaluate and take a look at how the public service is performing vis a vis the values and principles contained in the Constitution. In doing so the PSC recognises the extent of progress made against many odds but also the areas in which further improvement is required.

In this media briefing, we give an overview of the key findings from some of our oversight work carried out during the 2005/6 financial year and through this reflect the degree to which the public service is transforming and meeting its developmental objectives.

We have organised these according to key themes which are, in our view, very important at this stage of the public service transformation process.

Professional Ethics in the Public Service

The South African public service has generally responded well to the demands for a clear, accountable and transparent government. A comprehensive legislative and infrastructural framework has been put in place by Government and this framework is being operationalised with the involvement of the public sector, private sector and civil society.

The PSC has actively contributed to the fight against corruption and has been at the forefront of many ethics initiatives. Key to this is its contribution to the development of a sound integrity framework.

A key obstacle faced in the fight against corruption is that individuals are often too intimidated to speak out or “blow the whistle” on corrupt and unlawful activity. A key strategy adopted by government to prevent and combat corruption is the establishment of the National Anti-Corruption Hotline1 for the Public Service (NACH) in September 2004 which is managed by the PSC. It is an initiative aimed at promoting and encouraging reporting on corrupt practices. The NACH is a simple, yet highly effective tool designed to enable concerned employees (whistleblowers) in the public service, the public, as well as third parties associated with the public service, to actively participate in the reporting of corruption. Callers to the NACH are guaranteed anonymity. Since its establishment, the PSC has referred 1390 alleged corruption and 1025 service delivery complaints cases to departments for further handling and investigation. The PSC maintains a database of all the cases to ensure that there is follow up with the departments concerned. The PSC does recognise however, that to sustain the integrity and credibility of the hotline, departments will have to play a much more active and speedy role in the finalisation of reported cases to ensure that the public gets the necessary feedback. The PSC has therefore deemed it necessary to develop a toolkit to facilitate the effective use and implementation of the NACH.

The management of the Hotline by the PSC also complements its investigations into public administration practices. In the past year alone, the PSC has conducted a number of investigations (45) either on own accord or receipt of a complaint. These investigations related to alleged corruption, maladministration in public administration practices (including alleged human resource management and procurement related transgressions), unethical behaviour and service delivery complaints. Through these investigations, the PSC advises Executing Authorities on the veracity of allegations made and recommends remedial action to be taken.

Corruption is a multifaceted scourge. Very often public officials do not act alone in this, but rather in concert with private entities or are enabled by ordinary citizens. Therefore in tackling the scourge of corruption, an approach which focuses merely on public officials would be sorely limited. Hence the PSC has found it of vital importance to play a crucial role for the National Anti-Corruption Forum (NACF) providing back-bone support. The NACF, a creation of the first National Anti-Corruption Summit, comprises representatives of the Public and Private Sectors and Civil Society. As the secretariat of the NACF, the PSC organised the first summit of the NACF with the Second National Anti-Corruption Summit which was held in March 2005. The Summit adopted a number of resolutions which formed the basis of the current National Anti-Corruption Programme (NAP) developed by the NACF.

The adoption of the NAP reaffirms the collective determination of South Africans from all sectors to eradicate corruption and fight its adverse effects on the pillars of our young democracy. A number of focused joint projects have been identified and their implementation should help deepen the country’s efforts of promoting ethics awareness and combating corruption. The objectives with the projects include advocacy in the South African anti-corruption legislative framework, promoting ethical practices and activities, providing sufficient platforms for national, provincial and local engagement on issues of fighting corruption and the implementation of sectoral anti-corruption programmes. We believe that the NAP remains a good example of co-operative governance between civil society and the public and private sectors.

Senior public managers are required to disclose their financial interests regarding such matters as shares, directorships, sponsorships, property, and remunerated work outside the public service. Compliance to the framework is reflected in table 1.

Table 1: Compliance by national and provincial departments with the Financial Disclosure Framework for 2004/2005

National Department/Province: National Departments
No. of SMS Members: 3309
No. of Forms Received: 2379
No. of Forms Outstanding: 930
Percentage Received: 72%

National Department/Province: Eastern Cape
No. of SMS Members: 407
No. of Forms Received: 132
No. of Forms Outstanding: 275
Percentage Received: 32%

National Department/Province: Free State
No. of SMS Members: 275
No. of Forms Received: 131
No. of Forms Outstanding: 144
Percentage Received: 48%

National Department/Province: Gauteng
No. of SMS Members: 584
No. of Forms Received: 130
No. of Forms Outstanding: 454
Percentage Received: 22%

National Department/Province: KwaZulu-Natal
No. of SMS Members: 496
No. of Forms Received: 222
No. of Forms Outstanding: 274
Percentage Received: 45%

National Department/Province: Limpopo
No. of SMS Members: 355
No. of Forms Received: 174
No. of Forms Outstanding: 181
Percentage Received: 49%

National Department/Province: Mpumalanga
No. of SMS Members: 188
No. of Forms Received: 122
No. of Forms Outstanding: 66
Percentage Received: 65%

National Department/Province: Northern Cape
No. of SMS Members: 119
No. of Forms Received: 63
No. of Forms Outstanding: 56
Percentage Received: 53%

National Department/Province: North West
No. of SMS Members: 277
No. of Forms Received: 225
No. of Forms Outstanding: 52
Percentage Received: 81%

National Department/Province: Western Cape
No. of SMS Members: 299
No. of Forms Received: 238
No. of Forms Outstanding: 61
Percentage Received: 80%

Country Average
No. of SMS Members: 6309
No. of Forms Received: 3816
No. of Forms Outstanding: 2493
Percentage Received: 60%

While in excess of 60% of forms have been received for the last reporting period, the PSC believes that a 100% compliance is the only satisfactory benchmark. The highest return rates have particularly come from the Western Cape, North West and National Departments. Such disclosures promote both transparency and accountability in order to both detect and prevent real conflicts of interest.

Its mandate and its work in the area of professional ethics have allowed the PSC to develop an appreciation for the debate on conflicts of interest. Any reform or transformation process, such as has been happening in South Africa over the last ten years makes government systems susceptible to the emergence of conflicts of interest. The PSC is currently working on a conflict of interest framework as it recognises that such an approach promotes the perception of integrity and keeps public servants honest.

In terms of the provisions of the Public Finance Management Act (PFMA), 1999, read with the Treasury Regulations, departments are compelled to report finalised financial misconduct cases to the PSC. In terms of the PFMA, financial misconduct entails any material losses through criminal conduct, unauthorised, irregular, fruitless and wasteful expenditure.

A total number of 513 finalised financial misconduct cases were reported to the PSC. This figure points to a decrease in the number of cases reported compared to the 2003/2004 financial year (582), but must be weighed against the fact that some departments did not provide any input to the PSC.

Although the departments reported various transgressions, fraud and theft were committed in the majority of instances. There has however been a substantial decrease in fraud and theft cases in the 2004/2005 financial year (55%). Employees on salary levels 6 and 7 have committed the highest number of financial misconduct transgressions.

In those cases where charges were brought against employees, 77% of employees were found guilty of financial misconduct. If one considers the emphasis that has been placed by civil society and government on rooting out corruption in the public service, the high incidence of the sanction of dismissal (38%) is an indication that financial misconduct will not be tolerated.

Not all departments indicated the cost of financial misconduct. The total cost emanating from unauthorised, irregular, fruitless and wasteful expenditure and losses resulting from criminal conduct reported by departments and provinces were R 120,497,731.02. An amount of R97,152,713.91 was recovered.

Accountability and transparency are key cornerstones of public administration. Despite this, some departments are not complying fully in reporting finalised financial misconduct cases in terms of the PFMA. However, it is encouraging to observe that there has been a decrease in the total number of reported financial misconduct cases as departments have recovered 81% of the total cost emanating from unauthorised, irregular, fruitless and wasteful expenditure.

Human Resource Management

The ability of the public service to rise to the challenges arising out of the Accelerated Shared Growth Initiative as outlined by the President in his State of the Nation Address last Friday, depends critically on human resource capacity and sound management of it. In executing its mandate in this area, the PSC specifically seeks to assess employment policies, management practices and the management of the working environment in order to promote representivity, fairness and assist in the identification of barriers that may contribute to inequalities.

Notwithstanding the strides that the public service has made in the area of human resource management, there still remains room for improvement. We still maintain that areas such as recruitment and selection, performance management, human resource planning, the challenge of HIV/AIDS, and employment equity need more attention if the public service is to maximise human potential as envisioned in Chapter 10 of the Constitution.

In order to optimise delivery from human resources, it is important that performance is measured on a consistent basis. Our research shows, that there are still gaps in the manner in which some departments conduct performance management. These relate to the quality of performance agreements and of the performance appraisal process itself. Indeed, our latest analysis of labour relations grievances in the public service shows that 52% of them relate to the way performance assessments are conducted.

While the Public Service needs to ensure that the performance of its public servants is at optimal levels, where this is not the case management must address poor performance decisively, effectively and in good time. The PSC has begun research into the management of poor performance in the public service. With this research the PSC anticipates, amongst others, to identify the key ethical issues and problems related to the management of poor performance; the nature of remedial interventions available to assist poor performers and the extent to which these are yielding the desired results.

Statistics continue to show that whilst the public service has made progress in achieving numeric targets for employment equity, women still need to be better represented at leadership levels and that disabled people are still underrepresented.

For 2005 the targeted level for female representativity at senior management level was 30%. A rate of 27% has, however, only been achieved. The PSC not only views gender equity in the workplace as important but also sees the extent to which women are capacitated to fulfil their roles as leaders in the public service as crucial. It has therefore conducted an investigation into gender mainstreaming in the public service and a report containing findings and recommendations will be published in due course.

In 2002, a PSC study found that people with disabilities made up 0,25% of the total number of people employed in the public service. The PSC at the time predicted that if the current pace continues, the target for ensuring a 2% representation of persons with disability in the public service by 2005, will not be met and called for urgent intervention by policy makers and implementers alike.  Such prediction was correct as disabled people still only comprise 0,16%[1], which is far short of the target of 2%. Clearly the public service is failing to attract and retain disabled persons to its employment.

Recruitment and selection is the tool through which the Public Service ensures that it is adequately capacitated. The PSC is regularly called upon to investigate recruitment and related selection malpractices. These investigations reveal that there is a lack of detailed departmental policies and procedures to inform the objective, fair, equitable and responsible application of recruitment and selection practices. Departments also fail to thoroughly consider what skills, competencies, training and traits are required from candidates that compete for vacant posts before advertising these. As a result there is failure to structure selection processes in accordance with these criteria.

Having due regard to the challenges of recruitment and selection the PSC has developed a toolkit which guides departments. Workshops on the toolkit have been held with all departments at national and provincial level.

Given that HIV/AIDS the world over is a serious challenge, it would be constitutionally negligent of the PSC to take its eye off efforts by government to brace the public service to meet the challenges it poses. Should the ability of the public service to provide quality services be impacted on by a high HIV and AIDS prevalence amongst its workers, it could compromise service delivery to people infected and affected by HIV/AIDS and the population generally, with negative consequences on the consolidation of our democracy. One way of strengthening the public service to deal with the impact of HIV/AIDS in its workplaces is to ensure that effective HIV/AIDS related health and counselling infrastructure is in place. The PSC has therefore deemed it important to conduct a study to evaluate the implementation of the policy framework on HIV/AIDS in the public service and a report on its findings will be published soon. Preliminary findings of the study point to the fact that whilst HIV and AIDS committees are in place, there is a lack of programmes targeting HIV and AIDS. Counselling and support aspects are also not always in place. Employee Assistance Programmes are still weakly integrated into programmes dealing with HIV and AIDS.

Promotion of sound labour relations

Much of the PSC’s work in the promotion of labour relations has been in the area of grievances. Internal resolution of grievances bodes well for the management of good labour relations. It is now two and half years since the introduction of the new Grievance Rules and to this end a preliminary assessment on the implementation of Grievance Rules was conducted. Despite the awareness workshops to sensitise departments on these Grievance Rules, there is still insufficient adherence and compliance. This has been observed from investigations conducted on the referrals to the PSC as well as from the grievance resolution database that is submitted to the PSC on a six monthly basis by departments. Examples of non-compliance relate to failure and or delay by departments to furnish the PSC with the database on resolution of grievances;
lack or delay of co-operation from departments in handling of grievances referred to the PSC; non-adherence to timeframes stipulated in the Grievance Rules; and premature referral of grievances for consideration by the PSC when the Executing Authority has not yet taken a decision on the matter.

The total number of grievances handled by the PSC has increased from 392 last year to 431 in the year until January 2006. This may again be attributed to the new grievance rules which set stringent time-frames which departments must adhere to. In terms of the grievance rules departments have only thirty days in which to deal with grievances (although this time period may be extended if agreed to by the aggrieved). Once a grievance is not resolved to the satisfaction of the aggrieved they may request that it be referred to the PSC.

The Grievance Rules have also been translated into other official languages and these are available on the PSC website. Departments should ensure that these are accessible to all employees.

Also the function of labour relations officers is not fully understood and there persists a blurring of the definition of roles between line managers and labour relations officers. It is thus not surprising that in close to 50% of the organisations (both private and public sector) sampled in one of our studies, labour relations officers are perceived to be ‘disciplinarians’ or ‘catalysts’ for management.

Promoting a High Standard of Public Service Leadership

Heads of Department constitute the highest echelon of administrative leadership in the public service. They are effectively the administrative drivers of the highly demanding and dynamic programme of transformation that the public service is undergoing. They are expected to think and act holistically to ensure that ours is indeed a public service that puts people first and delivers effectively as it consolidates its transformation.

The PSC continues to play its role in facilitating the evaluation of the performance of Heads of Department. Evaluations for the 2003/4 financial year were conducted. A total of 12 national and 28 provincial HoDs were evaluated. Ratings awarded to HoDs for their performance suggest that there is a high level of satisfaction with their abilities to provide effective leadership to their respective departments. Of the national HoDs evaluated, 8 (67%) got a rating of 5 (‘outstanding performance’) while 3 (25%) got a rating of 4 (‘significantly above average’) and 1 got a rating of 3 (‘fully effective’).

In terms of HoDs at provincial level, of those that were evaluated through the framework adopted by Cabinet, five (28%) received a rating level of 5, nine (50%) received a rating level of 4, and four (22%) received a rating level of 3. Overall, this information shows that the majority of the HoDs are seen to be performing at a level significantly above average.

The current framework against which the performance of HoDs is evaluated has been in use for about four years now. Experience gleaned from its application has enabled us to refine it over the years in order to strengthen it as an instrument of accountability and feedback. A key area of improvement that the PSC has been focusing on recently is on providing feedback on the performance of departments to Executing Authorities in addition to the advice generated on the performance of their HoDs as individuals. Accordingly, the PSC has developed a framework for collating and analysing information on departmental performance. The framework which will run concurrently with HoD evaluations will be piloted in 2006 with a view to roll it out thereafter. The information collated on the performance of a department will be used to advise Executing Authorities and by implication also HoDs on areas where departmental performance should improve.

Colleagues, in December 2005 we witnessed the signing of a Public Service Pledge by Directors-General. The Pledge is a mark of their commitment to lead the campaign for integrity in the public service and in the provision of service delivery to all our people. We therefore look forward to Directors-General putting into practice this commitment and making sure that, as the Pledge says, by leadership and example they indeed make individual and team performance count when it matters.

Management and Service Delivery Improvement

This is arguably the most important theme in the public service’s programme of transformation. We previously emphasised the need for a fundamental shift in workplace culture in line with the spirit of Batho Pele.

Our studies show that in this area, the public service has made progress in some areas but still faces challenges in others. Clearly, the efforts to increase access and integration through such mechanisms as Multi-purpose Community Centres and Community Development Workers are commendable. Similarly, we have seen progress with the reach of important services such as social grants. These developments may not be without challenges, but they at least represent an important step in achieving the development objectives of government.

The PSC takes the principle of development orientation to mean that public administration must seek to address poverty and its causes. Preliminary findings from our audit of Poverty Reduction Programme indicate that the public service has embarked on quite a number of interventions to reduce poverty. This is commendable given that poverty reduction is at the core of government’s development agenda. In the new financial year, the PSC will embark on an evaluation of some of these interventions to establish their level of progress.

A Citizens’ Satisfaction Survey conducted by the PSC with selected departments in the Economic and Infrastructure sector shows that the satisfaction levels of citizens range between 62% and 81% - a positive development indeed. Participants in the study rated the services as accessible and the operating hours were in most cases seen to be convenient. However, participants raised concerns about the number of staff available to attend to them and the turn around times as well. These are important concerns that touch on matters of responsiveness and would need serious attention.

The Promotion of Administrative Justice Act enforces the right to be treated fairly in terms of the manner in which administrative decisions are made in the public service. It seeks to protect the public from unlawful, unreasonable and procedurally unfair administrative decisions. Studies by the PSC show that adherence to the Act is still highly unsatisfactory. Low levels of adherence are a cause for concern because it can be assumed that a department that provides the reasons for its administrative actions and complies with the provisions of the Act is more likely to conduct itself in a manner that is fair and impartial.

Notwithstanding the PSC’s independence, we see ourselves having the strategic obligation to advice on best practice emanating from our oversight work. It is against this background that we also develop best practice guides addressing specific elements of management and service delivery improvement. A Social Development Procedure Manual was developed and published jointly with the Department of Social Development. The manual was developed to provide employees, involved in the administration of social grants, with a guide that will, among others, speed up the grant-making process and make sure that the process is uniform throughout the country.

During 2005, the PSC finalised a protocol that it will use to conduct inspections of service delivery sites in the public service. Through the inspections, PSC will have an opportunity to personally have first hand experience of the level of service delivery. While the inspections are envisaged to serve as an inspiration and motivation to officials, they will also lead to follow up investigations being carried out on serious cases of service delivery failure. We believe that the inspections will complement the PSC’s broader oversight programme as well as reinforce efforts of monitoring our system of public service delivery.

Public Participation

One of the cornerstones of our democratic dispensation is the promotion of public participation in key processes of governance. For the public service this is not optional, but rather a constitutional imperative. Giving citizens a voice helps promote responsiveness to their needs. It also stems out of an appreciation of the fact that citizens’ have experiences which they can offer when solutions to the challenges they face are being explored. This is particularly important given that before 1994 South Africa had a history of undemocratic and unaccountable governance that ignored the rights and aspirations of the majority of its people.

Government’s programme of Izimbizo has gained momentum over the years to become a key feature in the efforts of promoting participatory governance. The PSC conducted research to establish whether (a) a policy on public participation is formally stated; (b) a system for soliciting public inputs on key matters is in use and effectively implemented; and (c) all policy inputs received from the public are acknowledged and formally considered. However this research shows that departments need to do more to enhance citizen participation in their programmes and policy-making processes. Very few departments have clean, formal policies addressing public participation even in those institutions that generally make efforts to involve stakeholders in their policy formulating processes. Systems for managing public participation tend to be informal and ad hoc, although genuine efforts appear to be made to incorporate public inputs where these are sought.

In 2002, the PSC piloted the concept of Citizens’ Forums as a mechanism for promoting public participation. The Forums involve public service institutions working with citizens to propose practical measures to improve service delivery. Essentially, through the Forums citizens are invited to participate in assessing specific programmes of government and are then encouraged to suggest practical improvements. Participants are thus directed away from just being critical and to ensure that they identify practical recommendations for dealing with the identified challenges. Following the pilot, the PSC has now finalised a toolkit that can be used by departments, oversight bodies, communities and other relevant stakeholders.

Monitoring and Evaluation

The importance of proper monitoring and evaluation in the public service cannot be overemphasised. It is through monitoring and evaluation (M and E) that the public service would have at its disposal reliable information to properly account for performance and make informed decisions. Such information is also useful for identifying lessons from experience and promoting learning.

Many of us are aware of the current practice whereby government’s programme of action is posted on the website. Such approach allows the public access to information and is a noteworthy mechanism for accountability and transparency.

The current initiative coordinated by the Office of the Presidency to put in place a Government Wide Monitoring and Evaluation System is a crucial development. However, since the system is not intended to centralise all monitoring and evaluation activities by taking over the role of departments, it is still important to ensure that M and E capacity at the level of individual departments is strengthened.

For its part, the PSC continues to build on its Public Service M and E system which has been in operation since 2000. The system serves as one of the key sources of information for us and enables us to draw observations about the state of the public service, some of which we are sharing with you here today.

Our experience in this area points out that it is important to build M and E capacity at institutional level and not assume that systems and frameworks taken off the shelf will meet our needs. The PSC has in recent times played a key role in M and E interactions in the African continent, and throughout the continent the same observation has been made about the importance of M and E capacity at institutional level. The public service would need to pay more attention to this issue to so that it can reap the benefits of proper M and E such as transparency, efficiency, effectiveness, accountability and learning.

Conclusion

Colleagues, we have shared with you some of our observations regarding the functioning of the public service. In about a month’s time, we will be releasing the fifth annual edition of the State of the Public Service (SOPS) Report. As you are aware, the SOPS Report draws on the vast amount of work done by the PSC as well as findings from a selection of other appropriate studies. The Report will thus provide more detail on our oversight activities than we have been able to cover in this briefing today. The key theme framing this year’s report will centre on the capacity of the public service.

The PSC has also accepted the opportunity to provide an input to the African Peer Review Mechanism (APRM) in relation to questions raised in the four focal areas identified in the APRM questionnaire and provided a submission in December 2005 to the National Governing Council. The basis of the PSC’s input to the APRM is the vast array of reports thus far produced by the PSC either of own accord or upon request.

As we conclude, we wish to emphasise that the public service has, in our view, continued to show remarkable improvements over time in terms of the transformation trajectory it has embarked on.

Through its work as the custodian of good governance, the PSC seeks to help focus endeavours to consolidate the achievements of the public service and to strengthen it to reach higher levels of professionalism, effectiveness and efficiency.

Thank you.

Issued by: Public Service Commission
8 February 2006