Administartive Adjudication of Road Traffic Offences Amendment Bill: finalisation

Meeting report

PUBLIC SERVICES AND ADMINISTRATION PORTFOLIO COMMITTEE
6 November 2002
PUBLIC SERVICES COMMISSION; ANNUAL REPORT FOR 2002; DRAFT PROGRAMME & PROVINCIAL VISITS REPORT

Acting Chairperson: Mr M. Baloyi

Documents Handed Out:
Public Service Commission Powerpoint Presentation
2003 Draft Programme (Appendix 1)
Annual Report (Appendix 2)
Report on Provincial Visits Undertaken in April 2002 (Appendix 3)
Report on Provincial Visits Final Draft October 2002 (e-mail [email protected] for document)

SUMMARY
Public Services Commission presented their Annual Report to the Committee which outlined the overall picture of the Commission's activities. The draft programme for the Committee's activities for the first term of the year 2003 was discussed.

The annual report of the Committee was presented. Provincial visits to Gauteng Province, the Province of the North West, and the Western Cape Province in April 2002 were discussed. A number of technical amendments were made.

MINUTES
Presentation by Public Service Commission
Mr Erntzen stated that the presentation would address three areas of interest, viz. Corporate Services and Liaison, Human Resource Management and Labour Relations, and Good Governance and Service Delivery. The portion dealing with Corporate Services and Liaison focused on the income statement for the year ending 31 March 2002, the Reports of the Audit Committee, and the Auditor-General, and Human Resource Management for the year ending 31 March 2002. The Human Resource and Labour Relations section dealt with Human Resource Management and Development, Labour Relations and Senior Management and Conditions of Service. The Good Governance and Service Delivery portion of the presentation outlined professional ethics and risk management, management of service delivery improvement programmes, as well as special investigations and monitoring, and evaluation programmes.

Corporate Services and Liaison
In presenting Programme 1 (Corporate Services and Liaison) of the presentation, Mr N. Khoza (Chief Director: Corporate Services & Regional Liaison) said that he would report on the Commission's financial results and related issues.

The Income Statement for the Financial Year ended 31 March 2002 showed that the Commission was awarded a total amount of R54 389 million. The expenditure breakdown showed that a major portion of the budget was spent on the remuneration of personnel. At 74% of the total budget, this was equal to personnel expenditure for the previous financial year. The Commission was a knowledge-based organisation, with much of its capacitation coming from highly trained professionals. Administrative costs took up 16% of the total budget (R8 408 million). He further explained in some detail the remaining expenditure totals for the year.

The income statement reflected that for the year ended 31 March 2002, the budget was underspent by 2% (R1 271 million). This was a vast improvement on the previous year, where the funds underspent was at 17% of the total budget (R8 732 million). The remaining revenue was sent back to the Revenue Fund.

The Commission had found it necessary to outsource its internal audit function. This will facilitate transparency in the organisation.

With regard to Human Resources, the Commission had engaged in a relationship with the MEDUNSA Organisation for Disabled Entrepreneurs (MODE), to enlist their assistance in the recruitment of disabled people within Public Services. However, the targeted number for the employment of disabled people of 2% could not be reached, until the restructuring process had been finalised. Until then, no new appointments could be made.

Human Resources and Labour Relations
Ms Odette Ramsingh, DDG: Human Resources Management and Labour Relations, stated that the Commission had carried out reports, investigations and reviews into the following areas:
1. Verification of qualifications of Senior Managers in the Public Services.
A report was released containing statistical results of the investigation. This report stated that on the whole, senior managers were well-qualified, with only 2 of the 2376 qualifications verified, proving to be false.
2. Evaluation of Disability Equity in the Public Service
This evaluation revealed that only 2007 (0.25%) people with disabilities were employed in Public Service, which falls dismally short of the targeted number for 2005.
With regard to labour relations, given its 'bird's-eye view', the Commission played a strategic role in enhancing relations in the Public Service. It attempted to do this through:
- Consideration of grievances in terms of the prescribed grievance procedure:
-. Commenting on the 132 grievances that were referred (p. 14), Ms Ramsingh stated that many of these grievances did not comply with the specific grievance procedures prescribed.
Following on the recommendation by the Portfolio Committee at the Commission's previous meeting with the Committee, it now monitored the implementation of its recommendations in respect of grievances reported.
3. Identifying and analysing grievance trends: it appeared that public servants were mostly dissatisfied around their conditions of service.
4. Conducting evaluations into the grievance procedures of the SADF, SAPS, Educators, and national intelligence agencies, it would seem as if the grievance procedures practiced there were fair.
5. Evaluation of the management of suspensions in the Public Service: Ms Ramsingh stated that the Commission attempted to go beyond simply monitoring to guiding, and setting down procedures.
6. Rules of the Commission in terms of Section 11 of the Public Service Commission Act: the Committee heard that, while the Commission did not want to appear to be heavy-handed, rules had to be implemented.

For the purpose of enhancing Senior Management and Conditions of Service, the Commission administered the evaluation of Heads of Department. This evaluation was obligatory for Heads of National Departments, but not for Heads of Provincial departments. Nonetheless, all the provincial departments participated, except for the Eastern Cape Province, who participated on a pilot basis, and the Western Cape Province, who did not participate at all.

Good Governance and Service Delivery
Under Professional Ethics and Risk Management, Dr Balia (Chief Director: Ethics and Risk Management) reported on the National Anti-corruption Forum Launch, stating that this Forum had been largely inactive, but that the Minister apparently was interested in reactivating the Forum.

The Committee was told that the Commission undertook its own Anti-corruption Agencies Audit, and one of the biggest problems it identified, was the lack of a single coordinating agency. The Commission hoped to more adequately address that problem in 2003.

Dr Balia reported that the Commission was attempting to facilitate the management of the Asset Register through making the Register electronic.

The last area of reporting was under the Management of Service Delivery Improvement.

Amongst others, interviews were conducted with service users and centre managers of multi-purpose community centers, to make improvements to the management and governance of these centres.

Finally, the Commission was attempting to find how to implement Management Practice guides for use by police, hospital and school District Managers, to improve capacity building.

Discussion
Mr M. Sikakane (ANC)questioned the credibility of the appeals procedure by authorities who did not fully probe the merits of appeals. How was it then possible for justice to be administered?

With regard to the verification of qualifications of Service Managers in the Public Service, Mr M. Waters (DA) asked if there were any more than the two reported, with false qualifications. How would the Commission enforce the requirement by the Senior Management Service (SMS) to declare their assets in an Asset Register? Yes, digitalizing the Register might help, but it would not altogether solve the problem. Regarding the funding of the Commission, did their funds come from the Dept. of Public Services? Should they not be independently funded?

Mr B. Bell (DA) inquired if the losses reported in the Expenditure Statement of R682 million had been approved by SCOPA, and had the amount been finally wiped off? Ms Ramsingh had mentioned that the evaluation of grievance procedures showed it to appear to be fair, but was it in fact suitable? On the reluctance of departments to draft departmental policies on the management of discipline, that matter had to be dealt with swiftly.

In response to the question on funding of the Commission, and the Commission's involvement with the Department, Mr Erntzen stated that there was much argument for the independence of the Commission, that it should not be working through the Department or the Minister. However, the Commission had no political presence within the Executive, and therefore the only person who could speak for the Commission, was the Minister. The situation was not an easy one.

With regard to the authorized losses experienced in the past financial year, Mr Khoza stated the major portion of the losses were due to stolen items. The matter had been studied by the Auditor-General, who was happy that the proper procedure had been followed.

On the matter of appeals, Ms Ramsingh stated the Commission was attempting to redress the situation, in terms of structured training of the appeals authorities, informing them of the guidelines to follow when considering the merits of an appeal. She further explained the difficulty of the situation by citing an example that sometimes, when a transgression had been committed, the unhealthy situation existed where the Department itself acts as judge and jury on an internal matter. Labour Laws needed to be properly implemented.

Ms Ramsingh further stated that the matter regarding verification of qualifications had been finalized. She confirmed there were only the two cases of falsified qualifications. She further offered that in the Eastern Cape, the Commission had asked a Director to produce his qualifications, which he had not yet done. However, at the time of his appointment, the need for the producing of qualifications was waived, and he did not, in fact, produce false qualifications. The Commission was presently investigating the Department's practices.

With regard to the management of the Asset Register, Mr Balia was not certain that they should be seeking ways of enforcing the requirement, adding it was the responsibility of the executing authority to ensure the compliance of the respective Departments. However, their cooperation had not been as forthcoming as they would have liked. The Commission was in the process of preparing a memo to the Minister, to expedite the rate of return of the forms in question. He added that, the system being a new one, should not, at this stage, be enforced too harshly. By next year, they might find that they have 90% returns by the due date.

Addressing the question of whether the grievance procedure, though fair, was suitable, Ms Ramsingh explained that this, was not the initial focus of their study, but rather a spin-off of the real intent. The actual study was initially to discover to what extent grievances which were being utilized in Public Service. She could only reiterate that the practice seemed fair.

Addressing Mr Bell's comment that the matter of implementing disciplining procedure, Ms Ramsingh said that although there seemed to be a reluctance to implement a code of discipline and procedure, by and large, the practices do seem to be working. The practices would most probably be at variance with procedure set down by the Bargaining Chamber, but it would not differ too much.

Mr Sikakane commented that it was apparent that the very people who needed to reside with the Authority, go back to the Commission, asking for help. How were people trained to work with the appeals of their own colleagues? He could not see justice being done in this type of situation, saying that public servants would suffer continually under this state of affairs.

The Chairperson commented that there was a degree of confusion surrounding where appeals should vest.

Mr Erntzen confirmed and endorsed the Chairperson's statement. He said that in many cases, litigants approached the Commission, asking them to act in their defence as witnesses. The litigant was entitled to the information which the Commission had in its possession, and this put the Commission in a very difficult position.

Mr Erntzen said that it was a question of exercising authority. Even though at times, the Commission became very unpopular becomes of the stance it took, but that will not detract them from performing the functions with which they had been entrusted, faithfully and without partiality.

2003 Draft Programme
The Chairperson presented the Committee with a draft programme of the Committee's activities for the first term of the year 2003 (see attached appendix).

Discussion
Mr M. Waters was concerned that the planning session scheduled for March 2003 was too late in the year. He asked if the session could be brought forward, otherwise the Committee's plans could only be implemented in June 2003. The Committee should plan to call in the various sectors under its jurisdiction, to make them account for the quality of service they provide to the public.

The Chairperson stated that, only after President's state of the nation address in February, when the budget had been finalised, could they actually plan.

The Committee accepted the programme, taking special note of Mr Waters' suggestions. Since no plans had been put in place for Fridays, should there be additional events planned, Fridays could be used for this purpose.

Annual Report
The Chairperson said the annual report reflected who the Portfolio Committee was, and everything that the Committee had done in the last year.

He informed the Committee that the lack of reporting with regard to the requirements of the P.F.M.A. was an oversight, which would be corrected.

With regard to the attendance of meetings, it was noted that some members were unable to attend all the meetings, since other similarly important meetings were being held at the same time.

Committee members were asked to read through the report, and to consider amendments for the next meeting.

Provincial Visits - April 2002
The Committee received copies of a report to the National Assembly on provincial visits that were undertaken in April 2002. The visits were to Gauteng Province, the Province of the North West, and the Western Cape Province. A number of technical changes were made to the document.

Discussion
Mr B. Bell (DA) commented that it might be that the 25% rate of understaffing experienced, in spite of the approved organogramme, may not constitute a problem to the Province, which would make the recommendation that excess personnel from other departments be deployed to it, unnecessary. He further commented on the decision to close the Chris Hani Baragwanath Hospital, which was very important to the Province. He also felt it inappropriate to suggest that the Dept of Minerals and Energy Affairs should submit a report, and even comment on Anglo American Mining Group's BEE operations.

Mr Baloyi replied on the issue of redeployment of nurses to the Gauteng Province, stating that the redeployment and retraining of staff, could result in benefits, so it would not be necessary to lay off excess staff, or employ new staff.

Parliament was responsible for the advancement of BEE, and the Committee could therefore not avoid issues pertaining to it.

Mr Bell requested a day or two to study the document for further amendments, after which it could be submitted to the National Assembly. All agreed.

Meeting was adjourned.

Appendix 1
2003 DRAFT PROGRAMME OF THE PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATION

1^St TERM

1. COMMITTEE:

1. SUPPORT:

2.1 Control Committee Secretary: Ms H Salie

Period from 2001 to Date

 

2.2 Committee Secretary: Mr S Tatana

Period from 01 September 2000 to Date

2.3 Committee Assistant: Mr S Mahlabela

Period from 1999 to Date

2.4 Secretary to Chairperson: Mrs S Mninzi

Period from 2000 to Date

2.5 Researcher (Research Unit): Mr Mcebisi Dingela

Period from 2002 to Date

2.6 Legal Support: POOL

Period from to

2. COMPOSITION OF COMMITTEE (Include dates of appointment and discharges)

1. Membership

Member	Total Meetings Held	Number of meetings attended	%	Appointment Date	Discharge Date
African National Congress Baloyi, Mr M R Gomomo, Mr J Kgwele, Mr L M Maloney, Mr L Maphalala, Mr M A* Modisenyane, Mr L J Mohlala, Mr R J B Mthembu, Mr B Mbulawa - Hans, Dr B G* Sikakane, Mr M R Sithole, Mr D J September, Ms C C Nhleko, Mr N P	18 18 18 18 18 18 18 18 18 18 18 18 18     18 18 18	17 12 15 15 0 12 6 14 8 13 6 9 0	94% 66% 83% 83% 0% 66% 33% 77% 44% 72% 33% 50% 0%	1999 2001 1999 1999 1999 1999 2000 1999 2002 1999 1999 1999 1999	2002 2002
Democratic Party Bell, Mr B G Jankielsohn, Mr R* Waters, Mr M		12 0 13	66% 0% 72%	2001 2001
Inkatha Freedom Party Roopnarain, Dr U Sibiya, Mr M S M* Mpontshane, Mr M A*	18 18 18	15 9 1	83% 50% 5%	2001 2001 2002	2002
New National Party Van Jaarsveld, Mr A Z A Van der Merwe, Mr A S*		12 0	66% 0	1999 1999
United Democratic Movement Abrahams, Mr T Makanda, Mr W*	18 18     18     18	13 4	72% 22%	2001 2002
African Christian Democratic Party Madasa, Adv Z L*		4	22%	1999
United Christian Democratic Party Seeco, Mrs M A		12	66%	2002

 

 

 

2. Composition of Sub-Committees

5. REPORTS TABLED

Title	Objective/s	Result/Outcome
Provincial Visit Report	Oversight	Based on Recommendations

 

 

 

6. APPEARANCES BEFORE COMMITTEE

6.1 Cabinet / Deputy Minister : 2

6.2 Government Officials : 18

6.3 C.E.O.s of Statutory Bodies and Public Entities : 1

6.4 Any other : 3

7. REVIEW / ANALYSIS / SCRUTINY

1. Annual Departmental/Entity Report

Title	Date of Publication	Comments/Key Issue	No of hrs spent
Department of Public Service and Administration	14 October 2002	Referred to Planning Session	2
Public Service Commission	14 October 2002	Referred to Planning Session	2
State Information Technology Agency	14 October 2002	Referred to Planning Session	2

2. Auditor-General's Report

Title	Date of Publication	Key Issues	No of hrs spent
A - G 's Report on the Utilisation of Consultants at Certain National Departments and Provincial Administrations.	30 October 2002	Use of consultants on activities that are line responsibilities of Government Officials	2

 

 

3. Papers, Matters referred to Committee in ATC

Subject	Date considered	Publication Date of Report	Key Issues	No of hrs spent
Report and Financial Statements of SITA, including Report from Auditor - General. 2000/2001	04 March 2002	25 January 2002	SITA's spending patterns for the year	2
Memorandum - Vote No.09 -Department of Public Service and Administration	23 May 2002	08 March 2002	DPSA Budget, 2002/2003	1
Memorandum - Vote No.10 Public Service Commission	23 May 2002	08 March 2002	PSC Budget, 2002/2003	1
Memorandum - Vote No.11 - South African Management Development Institute	23 May 2002	08 March 2002	SAMDI Budget 2002/2003	1
Medium Term Strategic Plan for -Department of Public Service and Administration 2002 - 2005	04 march 2002	15 March 2002	MTEF Budget Forcast	2
A Review of South African National Anti - Corruption Agencies, Public Service Commission [RP 216 - 2002	15 May 2002	07 June 2002	Strategies for fighting corruption	1
Ethics Survey for 2001 - Ethics in Practice - Public Service Commission	15 May 2002	07 June 2002	Strategies for fighting corruption	1
Parliamentary Approval for the Retention Services Beyond the Age of 65	05 June 2002	13 June2002	Service age extension	1
Special Report of the Public Protector on an Investigation into Causes of Delays in Communication in the Public Administration [RP 84 - 2002]	Deferred to 28 May 2003	05 August 2002
Annual Report of the Department of Public Service and Administration - Vote for 2001 - 2002	13 Nov 2002	14 October 2002	DPSA's performance for 2001/2002	2
Report and Financial Statements of SITA for 2001 - 2002	13 Nov 2002	14 October 2002	SITA's performance for 2001/2002	2
Annual Report and Financial Statements of PSC for 2001 - 2002… Including Report from A- G	06 Nov 2002	14 October 2002	PSC's performance for 2001/2001	2
Report of the Auditor - General on the Appointment and Utilisation of Consultants at National Departments and Provincial Administration	30 Oct 2002 Deferred to 29 Jan 2003	14 October 2002	Use of consultants on activities that are line responsibilities of government Departments	2

 

4. Matters referred to Committee by Chairperson/Deputy Chairperson of Committees and Capacity Building for Members: NONE

7. TRAINING

2. Planning Sessions

Subject Matter	Date	Number of Attendants	Venue	No of hrs spent
Committee Planning Session	3 - 6 March 2002	15 Members and 5 Staff members	Cumberland Hotel, Worcester	22

 

3. Conferences

8. OTHER MATTERS DEALT WITH
2. Public Hearings

Subject	Date	Public Hearings Held	Total Submissions	No of hrs spent
N/A	N/A	N/A	N/A	N/A

 

 

 

3. Oversight and Fact Finding Activities

2. MONITORING IMPLEMENTATION OF LEGISLATION

Date	Legislation	Report	Date Tabled
19 June 2002	SITA Amendment Bill [B 24 - 2002]	SITA Amendment Bill	05 August 2002

 

 

3. MONITORING THE IMPLEMENTATION OF THE PFMA

8. TABLING OF COMMITTEE REPORTS

Title/Topic	Publication Date	Date Reported
Portfolio Committee on Public Service and Administration's Annual Report	13 Nov 2002	15 Nov 2002

 

9. PUBLIC PARTICIPATION ACTIVITIES/INTERACTION WITH INSTITUTIONS

Organisation	Subject Matters	Date Reported
Citizens Forum	Service Delivery	23 October 2002

 

10. SPONSORSHIP

Donor	Purpose	POs Approval Date	Amount
British Department for International Development	Planning Session	27 February 2002	R 118 557.00
British Department for International Development	Departmental and Provincial Visit	19 April 2002	R 6 747.00
British Department for International Development	Citizens forum	04 September 2002	R 3 125.00
British Department for International Development	E - Governance Workshop	23 October 2002	R 40 000.00

 

11. REVIEW OF YEAR'S WORK - RECOMMENDATION AND CONCLUSIONS

The Committee executed the tasks according to plan.