THE ROLE AND MANDATE OF THE PUBLIC
SERVICE COMMISSION (PSC) IN
STRENGTHENING THE OVERSIGHT ROLE OF
PARLIAMENT
PRESENTATION TO THE PORTFOLIO COMMITTEE ON
PUBLIC SERVICE AND ADMINISTRATION/
PERFORMANCE MONITORING & EVALUATION
10 SEPTEMBER 2014
OUTLINE OF PRESENTATION
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Introduction
Vision and Mission of the PSC
Our Legislative Mandate
Structure of the PSC: Single PSC/Support Structure
Stakeholders
Strategic
outcome
goals
underpinning
the
work of the PSC
Key Performance Areas
How Parliament processes the PSC’s Products & Outputs
Issues requiring attention
Conclusion
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INTRODUCTION
• The PSC is established by the Constitution of the
Republic of South Africa, 1996, as one of the
institutions to strengthen the oversight role of the
legislatures over the Executive and Administrative
branches of the state to facilitate transparent and
effective policy formulation and implementation.
• In order to strengthen Parliament’s oversight role, the
PSC interacts with the various Parliamentary
Committees (PCs) to present its reports that PCs could
utilise in exercising their oversight functions.
• Over the years the PSC has embarked on a process to
establish and consolidate its working relations with the
various PCs particularly this Committee.
• It is through this strong working relations that the PSC
can support the PC to enable it to fully perform its
oversight role.
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Mission
Vision
THE PSC VISION & MISSION
A champion of public service excellence in
democratic governance in South Africa.
To promote the constitutionally enshrined
values and principles throughout the public
service by investigating, monitoring,
evaluating, proposing measures, issuing
directions, advising and reporting.
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OUR LEGISLATIVE MANDATE
Sections 195 and
196 of the
Constitution
• Sets out the powers and functions of the PSC
• The PSC is accountable to the National
Assembly
Public Service
Commission
Act, 1997
• Provides for the regulation of the PSC, such as
the appointment of Commissioners, conditions
of appointment, functions of the PSC
(inspections/ inquiries)
Public Service
Act, 1994
• The PSC may issue directions to ensure
compliance with the Act
• Right to have grievances lodged with the PSC
Public Finance
Management
Act, 1999, read
with the
Treasury
Regulations
• Reporting on finalised cases of financial
misconduct to the PSC
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OUR LEGISLATIVE MANDATE (2)
Values and Principles
• In terms of section 196(4) of the
Constitution, the powers and
Professional ethics
functions of the PSC are toEfficient, economic and effective
o promote
Constitutional
use of resources
Values and Principles in the
A development-orientated public
Public Service
administration
Provision of services in an impartial,
o investigate,
monitor
and
fair and equitable way
evaluate the organisation and
Public Participation
administration,
and
the
personnel practices of the
Accountability
Public Service
Transparency
o propose measures to ensure
Good HR management and careereffective
and
efficient
development practices
performance within the Public
Representivitiy
Service
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OUR LEGISLATIVE MANDATE (3)
o give directions aimed at ensuring that personnel procedures
(recruitment, transfer, promotions and dismissals) comply with
the basic values and principles set out in section 195
o report on activities to the National Assembly and to Provincial
Legislatures in respect of activities in Provinces
o either of own accord or on receipt of a complaint:
 investigate the application of personnel and public
administration practices and report to the relevant EA &
Legislature
 investigate grievances of employees in the Public Service
and recommend remedies
 monitor and investigate adherence to applicable procedures
in the Public Service
 advise National and Provincial Organs of State regarding
personnel practices in the Public Service
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OUR LEGISLATIVE MANDATE (4)
• The PSC is accountable to the National Assembly and interacts
with Parliament and the Provincial Legislatures regularly, reporting
on its activities and the performance of its functions as required by
sections 196(4)(e) and 196(6) of the Constitution.
• The PSC’s main objective is to provide effective technical
oversight over the public service nationally and provincially.
• To this end, the PSC conducts evidence-based research,
monitoring and evaluation involving the gathering and collation of
qualitative and quantitative data on public administration for use by
the Legislatures and the Executive.
• The PSC also conducts inspections at service delivery
points as well as public hearings on topical issues.
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SINGLE PSC
Commissioners
nominated by the
Premiers on
recommendation by
the Provincial
Legislatures
PSC
14 Members
Commissioners
recommended by the
National Assembly
• Members of the PSC are appointed by the President.
• The President designates one commissioner as chairperson and
another as deputy chairperson of the PSC.
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ORGANISATIONAL SUPPORT STRUCTURE
Prov Office
Gauteng
Prov Office
Free State
Prov Office
N West
Prov Office
N Cape
PSC
National
Office
Prov Office
E Cape
Prov Office
(W Cape &
Parl Office)
Prov Office
KZN
Prov Office
Limpopo
Prov Office
Mpumalanga
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PSC STAKEHOLDERS
THE EXECUTIVE
• President
• Premiers
• Cabinet
• Executive Councils
CONSULTATIVE FORUMS
• IGF
• MINMEC’s
• Forum of SA DG’s
INSTITUTIONS SUPPORTING
DEMOCRACY
• Public Protector
• Auditor General
• Human Rights Commission
• Commission on Gender Equality
• Financial & Fiscal Commission
• Independent Electoral
Commission (IEC)
PSC
LEGISLATURE(S)
• National Assembly
• NCOP
• Prov Legislatures
• Committees
STRATEGIC
PARTNERS
• Academia
• NGO’s & CBO’s
• Media
• Religious Sector
• Private Sector
• International Org’s
• Donor Community
• Professional Bodies
DEPARTMENTS
• National Depts
• Provincial Depts
ORGANISED LABOUR
• PSCBC
• Employee Org’s
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STRATEGIC OUTCOME GOALS
UNDERPINNING THE
WORK OF THE PSC
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STRATEGIC OUTCOME ORIENTED GOALS
• The strategic outcome-oriented goals are geared towards the
promotion of good governance for a successful Developmental
State and improved performance of Government in equitable
service delivery.
Strategic Outcome
Goal 1
Good governance in developmental public
administration
Goal statement
Accountability and ethics in public
administration enhanced
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STRATEGIC OUTCOME ORIENTED GOALS (2)
Strategic Outcome
Goal 2
Improved service delivery
Goal statement
Service delivery by government is improved and
meets the standards of equity, effectiveness,
efficiency and economy.
Strategic Outcome
Goal 3
Institutional development of the PSC
Goal statement
An independent, impartial, knowledge-based
custodian and champion of excellence in
successful developmental public administration.
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PSC’S OUTPUTS
Public
Service
Barometer
SOPS
Evaluation of
HoDs
Research on
public admin
practices
Advice on
PAs of HoDs
Management of the
Financial Disclosure
Framework
Citizen
Forums
Investigations
Management
of the NACH
Inspections
Resolution of
grievances
Citizen
Satisfaction
Surveys
• These outputs are regarded as tools that the Portfolio Committees
can utilise in performing their oversight function over national and
provincial government (Administrative Branch).
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PROGRAMME STRUCTURE
The PSC’s programme structure is divided into 4 programmes; namely:
Prog:
Admin
The programme provides the overall management of the
PSC and centralised support services.
Prog:
LMP
Promotes sound Public Service leadership, human
resource management, labour relations and labour
practices.
Prog:
M&E
Establish a high standard of service delivery, monitoring
and good governance in the Public Service.
Prog:
IAC
Undertake public administration investigations, promote a
high standard of professional ethical conduct amongst
public servants and contribute to the prevention and
combating of corruption.
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KEY PERFORMANCE AREAS
The PSC has operationalised its mandate around the following six (6) key
performance areas:
Labour Relations Improvement
• Public Service labour relations and practices
enhanced through timely investigation of all properly
referred grievances and provision of best practices.
Leadership and Human Resource
Reviews
• To identify and promote sound Human Resource
Management Practices in public administration.
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KEY PERFORMANCE AREAS (2)
Governance Monitoring
• To provide institutional assessments and
programme evaluations that support policy and
management decisions.
Service
delivery
evaluations
and
compliance
• To provide participative evaluations as well as
evaluations of service delivery models and
processes to support policy and management decisions.
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KEY PERFORMANCE AREAS (3)
Public Administration Investigations
• To investigate and improve public administration practices
and to make recommendations to departments on the
promotion of good governance and issue directions
regarding compliance with the Public Service Act, 1994.
Professional Ethics
• To promote ethical conduct amongst public servants
through the management of the Financial Disclosure
Framework (FDF), the NACH and provide advice on
professional and ethical conduct in the Public Service.
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HOW PARLIAMENT PROCESSES
THE PSC’S OUTPUTS
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The diagram below demonstrates how the PSC ’ s products are
processed and how the Portfolio Committees (PCs) could use them in
performing their oversight work.
PSC Report
tabled in
Parliament
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•
•
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Report is
referred to
PCs
PCs
deliberates
on the Report
PC passes
resolutions to
ensure
compliance
WAYS PCs MAY UTILISE PSC OUTPUTS
Written submissions may be requested from departments.
Interactive meetings with departments to account for the progress made in
implementing the recommendations. The PSC can make presentations on
the report to assist the PCs
Parliamentary questions to obtain responses from departments.
In order to supplement the PSCs reports, information could be sourced
through public hearings or inspections at departments.
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ISSUES REQUIRING ATTENTION
• As a key stakeholder of the PSC, the PC can –
 contribute to the PSC’s vision of being a champion of public
administration excellence in democratic governance in South
Africa
 enable the PSC to play a more meaningful role in the creation of
a professional public service
• Calling the Executive to account
 The practice adopted by the Portfolio Committee in 2011 of
calling the Executive to account for non-submission of HoD
performance agreements proved very useful as most EAs
complied immediately after being called to account.
 This practice should be sustained and extended to other work of
the PSC such as the financial disclosure framework,
implementation of the recommendations of the PSC, etc.
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ISSUES REQUIRING ATTENTION (2)
• Joint oversight visits to provinces
 Over the years the PSC was invited to be part of the PC’s
oversight visits to provinces. The PSC provides evidence-based
information relating to the areas the oversight visits would focus
on.
 To this end, the PSC should be involved in planning of these
oversight visits timeously so that its work programme could be
aligned with that of the PC.
 The PSC also conducts inspections to service delivery sites as
part of its work programme and produces reports on findings and
make recommendations that are forwarded to the Executive to
address. The PC may be invited to be part of these inspections if
the PC so wishes. Otherwise the recommendations emanating
from these inspections will be presented to the PC once the
reports on the inspections are finalised.
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ISSUES REQUIRING ATTENTION (3)
• Citizens Forums
 In 2005 the PSC together with the Portfolio
Committee on Public Service and
Administration piloted the Citizens Forum
as a public participation mechanism in the
Eastern Cape and Mpumalanga.
 The Citizens’ Forum was implemented in
Msukaligwa municipality since 2012 and a
member of this Committee accompanied
the PSC to the initial Citizens Forum
meeting.
 The involvement of the PC when the PSC
launches the implementation of the
Citizens Forums should be encouraged.
Implementation of the
decisions of the Citizen Forum
hosted by the PSC at the
Msukaligwa Municipality, 2013
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ISSUES REQUIRING ATTENTION (4)
• Alignment with the National Development Plan
– Chapter 13 of the NDP provides that consideration should be
given to the following:
 A strengthened role for the PSC to make it a robust
champion of a meritocratic public service by promoting and
monitoring key norms and standards. Consideration should
also be given to whether the PSC’s mandate should be
extended to include the primary responsibility for setting key
norms and standards, especially for recruitment processes.
 That the PSC should play a direct role in the recruitment of
the most senior posts.
– In order for the PSC to play a direct role as envisaged in the
NDP, this would require amendments to legislation.
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ISSUES REQUIRING ATTENTION (5)
• Implementation of Parliament Resolutions
– In November 2011, the National Assembly adopted as its
resolutions the following recommendations of the PC with
regards to the PSC:
 the PSC reports on the implementation of Section 195(1) by
the administration of all spheres of government, organs of
state and public enterprises in South Africa every year;
 the report of the PSC is contained in the annual report of the
entity that the PSC is reporting on every year
 the National Assembly seeks to locate the budget of the PSC
with Parliament’s budget vote
 the Speaker of the National Assembly should, in future, refer
the PSC’s reports to Committees for consideration and report
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ISSUES REQUIRING ATTENTION (6)
• Implementation of Parliament Resolution
– The PSC has considered the resolution of Parliament but
due to resource constraints, it will only be able to
implement the resolution in an incremental manner.
– The PSC is in a process of developing a roadmap to
progressively realise the resolution of Parliament.
– In order for the PSC to fully implement the resolution, such
as the promotion of democratic values and principles in all
spheres of government, this would require legislative
amendments.
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CONCLUSION
• The PSC acknowledges the importance of positive working relations
with Portfolio Committee on Public Service and Administration/
Performance Monitoring & Evaluation.
• Furthermore, the PSC believes that the strengthening of its
collaborative relationship with PCs would serve as a catalyst to
effective oversight over the Executive and the Administrative arms of
government.
• Through its products and outputs, the PSC will enable the PCs to
perform its political oversight roles over the Executive.
• Lastly, the PSC looks forward to fruitful engagements with the PCs
and to strengthening working relations with the Committees.
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Thank you
Enkosi
PSC Website: www.psc.gov.za
National Anti-Corruption Hotline for the Public Service: 0800 701 701