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FIKENI CONFIDENT PUBLIC AMENDMENT BILL WILL PASS MUSTER<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Chairperson of the Public Service Commission (PSC) Prof Somadoda Fikeni believes the draft legislation to professionalise the public service will receive the necessary support and approval. Both the Public Administration Management Amendment Bill and the Public Service Amendment Bill are set to be tabled at the National Council of Provinces (NCOP) before they could get the requisite approval by the President Cyril Ramaphosa. If passed, the bills will help to improve the sector, strengthen the public administration to promote efficiency and good governance with a common purpose and better coordination across government. However, Prof Fikeni is confident the bills will pass master and get the necessary approval. \u201cThe journey towards the amendment of the bills as well as the development of the Professionalisation Framework has been a long one that started in earnest in 2020,\u201d Fikeni tells SAIGA. \u201cThroughout that journey there have been extensive engagements and consultations across the public sector. Certainly, the requisite commitment from all stakeholders was attained and barring any constitutional impediment, I do believe that it will receive the necessary support and approval.\u201d Fikeni has further explained the impact of bills in relation to the role of the PSC, explaining that the principal objective of the respective bills was to create the necessary alignment with Chapter 13 of the National Development Plan which is focussed on building a capable and developmental state. It accordingly made particular proposals on strengthening the role of the Public Service Commission, the creation of an administrative head of the public service and instilling a meritocratic recruitment system. \u201cThe purpose of these and other proposals is to stablise the political-administrative interface, to ensure greater accountability and to make the public service a career of choice,\u201d he says. \u201cBoth bills largely represent a good start to professionalising the public service, but they are not beyond critique as some provisions appear to provide sufficient clarity while others may result in unintended consequences. As part of the public sector reform process, it is important to ascertain the synergy with other pieces of legislation as well at the National Framework Towards the Professionalisation of the Public Sector (Professionalisation Framework). It is therefore important to obtain that level of certainty, synergy and harmony.\u201d In respect of the Public Service Amendment Bill, there are two critical amendments that have the potential to change the institutionalisation of the public service. The first critical amendment relates to clarifying the respective roles of the executive authority and the head of department to make it consistent with the Public Finance Management Act (PFMA) and to stabilise the political\/administrative interface. In the amendment of section 3(7) of the Act, the powers and duties of the executive authority are revised, solidified and strengthened to encompass a broader corporate governance role. In fact, the amendments reflect the corporate governance approach that is used in the King IV Report. In summary, the role and the responsibility of the executive authority is similar to that of a governing body which is defined as a structure that has primary accountability for the governance and performance of an organisation. As per the amendments, the role and responsibilities of the executive authority include:<\/p>
\uf0b7 Steering and setting the strategic direction of the department in respect of the department\u2019s strategic plan. This also includes the manner in which governance areas and core objectives are to be approached and met and specific emphasis on the constitutional, legislative and other functional mandate of the department. \uf0b7 Approving the policy and planning that give effect to the strategic plan \uf0b7 Ensuring accountability for departmental performance by holding the department\u2019s head accountable for the administration of the department \uf0b7 Overseeing and monitoring the implementation and execution of strategic plan by head of department and his\/her delegates. The second critical amendment involves the powers of head of departments and the creation of the Head of the Public Service. The amendment of section 7(3) provides administrative powers to the Head of Department (HOD) that were previously granted to the executive authority. The amendment further provides additional powers to the Director-General in the Presidency which creates same to be the Administrative Head. Likewise, the Director-General (DG) in the Office of the Premier will assume the additional role of the Provincial Administrative Head. The granting of administrative powers to HODs is consistent with the need to professionalise the public service, it will assist in stabilising the public administrative interface and it is in accordance with the National Development Plan (NDP) and previous studies conducted by the PSC. However, Fikeni has raised concern about the fact that the amendment would vest too much responsibility in the Director-General of the Presidency as well the Director-General in the Office of the Premier which may result in an overburdened post. \u201cThere is further a potential unintended consequence of creating a power bloc in the absence of sufficient checks and balances. The proposal in Chapter 13 of the NDP in respect of the hybrid approach to recruitment of Directors General and Deputy Directors General that would involve the Public Service<\/p>
Commission and the Head of the Public Service Commission had the greater potential of ensuring greater level of accountability through a system of checks and balances,\u201d Fikeni says. What impact do you think the bills will have, and do you think that it will enhance professionalism, efficiency and responsiveness of the public service and administration in South Africa? \u201cOne should consider the bills together with the Professionalisation Framework. The proposed reforms in the public sector through the Professionalisation Framework are considered ground- breaking interventions but only if its implementation is taken to its logical conclusion through the construction of an agreed vision and a comprehensive implementation plan,\u201d Fikeni explains. \u201cLegislation on its own will not create the required change and therefore it is hoped that through the Professionalisation Framework, there will be paradigm change, character formation and capability improvement in the public sector.\u201d The bills, however, will fulfil their purposes without encroaching on the constitutionally identified roles of the different spheres of government. Some principal amendments include conducting business with the state, the role of the National School of Government; capacity development by institutions; and norms and standards around the constitutional values and principles.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"