PSC Report on the Job Performance of Senior Management Service; Implementation Strategy and Monitoring Framework of the National Framework towards Professionalising the Public Sector; with Ministry

Meeting report

Opening Remarks by the Minister
Ms Noxolo Kiviet, Minister of Public Service and Administration (PSA), said Friday, 08 March 2024, is International Women’s Day. As the public service, they celebrate it even more. It has been a struggle to transform the public service into the representative body it is today in South Africa (SA). There are days like this that remind them to struggle on and have hope that things will change. Indeed, things have changed for the women in SA. She was reminded of the day she was called to lead the PSA portfolio. She reflected on the achievements from the preceding 12 months. The professionalisation framework was approved by Cabinet in 2022 and a lot of work was put into operationalising the framework. The reports reflect the amount of work put in and the way forward. The Department is prepared to present on all areas the Portfolio Committee called them for.

She congratulated Prof Busani Ngcaweni for being elected as the Secretary-General of the Body of African Intellectuals, in the space of the National School of Government in various countries within the continent.
 
Briefing by the Public Service Commission: Report on the Investigative Analysis of the Enablers and Inhibitors of Job Performance of the Senior Management Service in the Public Sector
Mr Vusumuzi Mavuso, Commissioner, PSC, complimented the Minister for leading the public service for a year and ensuring it performs. He said that the report is an investigative analysis of the enablers and inhibitors of performance of senior managers in the public service. This came after senior management was questioned on whether they understood the jobs they had been appointed to. He said that Dr Kholofelo Sedibe would take the Committee through the presentation.

Dr Kholofelo Sedibe, Deputy Director-General: Leadership & Management Practices, PSC, said the study was conceptualised in 2020 when questions were raised on whether Senior Management Service (SMS) members are competent or understand their jobs. It was to investigate the reasons preventing them from being able to perform their jobs. The objective of the study was to identify and assess the influence of enablers and inhibitors of job performance of SMS members in the Public Service. Other objectives include:
- To propose appropriate interventions to improve the appointment, promotion, and performance management of SMS members
- To provide possible managerial approaches that can motivate senior managers to improve their job performance.

A predominantly qualitative research method was used. Preliminary findings were deliberated on in March 2022 and also shaped the PSC’s inputs towards finalising the framework for professionalisation of the Public Sector. All SMS members who participated in the study have a clear understanding of the decorum, professionalism and value required of a public servant.

See attached for full submission
                       
Discussion
Ms M Kibi (ANC) asked how PSC is going to balance between salary and financial reward as enablers or inhibitors of performance and the need to reduce the wage bill. Do you see the prevalence of recruitment, promotion, transfers, and secondments that are not merit-based? How do they manifest?

Dr L Schreiber (DA) said that nothing in the Public Service Amendment Bill prohibits the involvement of political issues in recruitment. He asked if it is not important to go beyond what is on the table and make it explicitly clear that this kind of political interference must be outlawed.

Mr G Nkgweng (ANC) asked what measuring tools can effectively assess the productivity of public services.

Dr J Nothnagel (DA) said that innovation is critical to improving a public bureaucracy, which is often perceived to limit innovative ways of solving problems. She asked what observations were found in the study regarding innovation.

Ms S Maneli (ANC) said that the performance management development system depends on the subjective judgements of employees, supervisors’ personal interactions and moderation committees. How is this happening? Is it something to worry about? What principles and requirements are required when an institution is restructuring or reorganising?

Ms M Ntuli (ANC) asked how the PSC capacitates the people performing poorly. Who gets pushed when the people sent to capacitate the person performing poorly do not capacitate them?

PSC Responses
In response to Dr Schreiber’s question, Mr Mavuso agreed with the question and said that they believe much more must be done to ensure that this matter is dealt with in a much more systematic way. They want an apolitical public service. The purpose of the public service is to ensure that people who are fit to serve the purpose are the ones who are appointed based on merit.

Dr Sedibe gave utterance to the Performance Management and Development System (PMDS) - if it is properly implemented, it is a tool that should be used for measuring the performance of Senior Management Service (SMS) members. Performance management and assessment has to be an ongoing process. And where there is honesty between the employee and supervisor, this instrument works. The purpose is not to be punitive in performance management, but to say a standard has been set for that which needs to be done – has it been achieved? If not, what are the developmental areas that need to be addressed? The DPSA can talk more about the review of PMDS and the weaknesses they found that undermined development aspect of the PMDS and reduced it to a financial reward.

In response to the question on productivity, the DPSA has developed a productivity assessment tool that looks broadly at the organisation. They are in the process of implementing that productivity assessment tool. If the results of the assessment are interrogated, organisations will be able to improve because it does not target the person but looks at the systems, processes, procedures, and factors that contribute towards a fluctuation in the performance of departments.

Dr Sedibe said that Ms Kibi’s question was tricky. However, the study indicated that SMS members are not looking for financial rewards; they are looking for support and the opportunity to develop themselves. The merit bonus has been discontinued, and no employees left because of that. When people dedicated and committed to serving the public are appointed, the financial aspect is not considered. There were years when certain categories of SMS members did not receive salary increases, and they were still there to serve and manage to live within the current economic climate.

There are a few complaints and grievances regarding recruitment and selection that are not merit-based. There were instances of that nature, but not all the complaints and grievances were substantiated. They have found that some of them are unsubstantiated. They find that some senior members are highly qualified and competent. There have been factors that have impacted on their ability to perform. The recruitment and selection of SMS members that are not merit-based have decreased because of the measures put in place by the DPSA.

In response to Dr Nothnagel’s question, Dr Sedibe said that the study did not focus on innovation. However, the view they received from senior managers is that they regard innovation as an important practice and principle. However, for innovation to take root, the public service needs to understand that, with innovation, the possibility of failure is present. If there is no assurance that failed innovations that are not deliberate will be used as an opportunity to learn and not as an opportunity to be fired, then Senior Managers are going to fear trying to innovate. The Department needs to ensure that the frameworks support proper innovation and make room for failure.

In response to the question on managing and preventing subjectivity, she reiterated that performance management and assessment are ongoing processes. If done with honesty, integrity and diligence, the subjectivity aspect can be drastically reduced. However, where there are humans, the element of subjectivity can never be completely removed. However, some systems are put in place, and the honesty and rigour of systems ensure an element of objectivity.

In response to Ms Maneli’s question, there is a detailed DPSA framework that deals with the issue of institutional restructuring and reorganisation. The problem is the perpetual restructuring and reorganisation. However, reorganisation and restructuring that are well thought out and properly implemented are not the problem.

When the Performance Management Development System (PMDS) is implemented, the supervisors have the responsibility to identify people’s developmental needs and support them. Development is not just about paying for people to go for training. In addition, the NSG has a lot of free online training programmes that people can attend. Colleagues and supervisors who are capable can serve as mentors and coaches for on-the-job training. Self-development is a person’s responsibility. The recommendation indicated that, when the employer has done everything possible to capacitate and support a person and there is no improvement, there is a policy and labour relations that allow incapacity management, where they manage to exit people out. However, there are very few instances in public service where people are managed out due to poor performance, even after being given the opportunity to develop themselves and to be developed through the intervention of the employer.

Briefing by the National School of Government: Progress regarding the Implementation Strategy and Monitoring Framework of the National Framework towards Professionalising the Public Sector
Ms Faith Nyaka, Chief Director: Quality Assurance and Accreditation Management, NSG, presented the milestones on the National Framework towards Professionalising the Public Sector. She said there were engagements with professional bodies, the South African Qualifications Authority (SAQA) and key departments, discussing how to professionalise the public sector. The NSG reviewed Nyukela, and the main finding was that they needed to differentiate Nyukela 13 and 14 from Nyukela of the executives. Memoranda of Understanding (MOUs) have been signed with Higher Education Institutions (HEI) and professional bodies. The DPSA is reviewing academic qualifications for SMS levels 14 – 16. A skills audit is being conducted for infrastructure and front-line service delivery departments.

[See presentation document for more details]

Briefing by the Department of Public Service and Administration: Efforts to Institutionalise the Implementation and Monitoring Plan of the National Framework towards Professionalising the Public Sector
Ms Anusha Naidoo, Chief Director: HRPEPM, DPSA, said that an internal team was assembled to programme manage and monitor the implementation of the professionalisation directive as a project. Internal capacity assessment has been conducted to ensure that the DPSA is fit for implementation. A Culture Change project has been rolled out as part of change management. Knowledge Management officials were appointed to improve data management, mining, and use. An Early Warning System is being developed to improve the internal capacity of the DPSA to monitor, assess and support departments in complying with prescripts. Some key capacity-building interventions to professionalise the public sector include the induction of public servants before joining and reorientation of all serving officials; review of institutional planning and performance management systems; revised academic qualification requirements.
[See presentation document for more details]

Discussion
Ms Ntuli commended the NSG for growing. She asked the institution the following questions: Is Nyukela not a stumbling block to experienced employees who qualify for a post only to find that person did not go through Nyukela? Is it possible for the person to get the post then do Nyukela afterwards? What happens to someone with fewer skills who applies for a post but has been an employee for a long period of time?

She said compliance is at the centre of governmental operations, and asked the DPSA what measures exist for non-compliance.

Ms R Komane (EFF) inquired about the extension of Nyukela to the security cluster: does it mean they would have to write Nyukela examinations for entry to senior positions, besides them having the required qualifications? What informs the review of Nyukela?

Ms Kibi asked the DPSA if the engagements with professional bodies and key departments were bearing good results. What are the remaining challenges, if any? Does the DPSA foresee any challenges with delegating decision-making authority from executive authority to heads up departments and accounting officers? When is the delegation of decision-making taking place in the public service?

NSG’s Reponses
Ms Nyaka responded that DPSA issued a directive on how Nyukela will be conducted, and it is not a stumbling block to public servants. When adverts are issued for senior management positions, they include the fact that employees need to undergo Nyukela. Nyukela is an online programme that employees can do at their own time and pace. Employees are given three attempts to pass a course and receive a certificate. It was compulsory to equip senior managers to deliver at an expected level. Nyukela does not hinder entry to positions. There are other directives other than Nyukela, and they are there to equip senior management to know what to expect as senior managers. It does not tamper with the security cluster in how they promote people.

With every course at NSG, there is an evaluation that gives people the opportunity to rate the course and express any difficulties they have had. There was a Nyukela for levels 13 to 16, but there was a problem: the Nyukela did not assess the Directors-General and Deputy Directors-General at their level.

The skills audit highlighted the gaps in assessment. It will help them get to know if their interventions for the professional development of public servants are relevant. The skills audit helps to see if there is improvement for those taking the course. It will help capacitate the staff members so that when there are promotions in the department they can apply. Those staff members will be trained and given skills and competencies to qualify for other positions and be effective and efficient.

DPSA’s Responses
Ms Yoliswa Makhasi, Director-General, DPSA, said that people who do not have Nyukela but qualify for positions are given an opportunity to do Nyukela before they are hired. In response to the question on compliance, she said the measures are in section 16a of the Public Service Act. These measures include discipline management and consequence management with heads of departments who fail to comply or implement directives from the DPSA. Matters can also be escalated to Parliament. A mechanism has been introduced to communicate with heads of corporate services in departments. The DPSA, DGs and corporate services met quarterly and shared new directives, status reports or updates on issues relating to compliance. When a department has a challenge, the matter is escalated to the DG, then the Minister, and then PSA or prepares reports for cabinets.  
The DPSA has issued a directive and it is being implemented. The challenge is that the directive has not been fully implemented. Some executive authorities implement it while others do not. The biggest challenge is the issue of withdrawal of delegation from heads of departments. What they have noticed is that, when there is a challenge in the relationship between executive authorities and the head of department, the department suffers. This legislation will be implemented when it has been assented to by the President.
      
Closing Remarks by the Minister
Ms Kiviet congratulated the presenters on the level of information packaged for the Committee. The PSC report gave a base document on where challenges are revealed and what could be done. It showed who is doing what to attend to issues. She appreciated the presentations and said that these are the kind of quality documents they would like to see every day.

She mentioned Dr Schreiber’s question on the amendments to the Public Service Amendment Bill at the National Council of Provinces and how he said they were not good enough. She responded that the good thing is that all political parties in Parliament participated and engaged with those bills. If one were to look at the study and the recommendations for the amendments to the Bill, one would see that they are correlating. When legislation is drafted, it is not drafted to prohibit. They are drafted to enable. The bill was drafted to enable senior public servants, heads of departments, and DDGs to perform their duties in a space that allows them to do so. What is hidden in the question is that, when a politician makes an appointment, it is not good enough.

She reminded the Members that they sit and interview people from the PSC and Public Protector, and that is a process provided for in the Constitution. They are allowed, and there is nothing wrong with being interviewed for a position as an administrator of an independent body. This insinuation with the fight of cadre deployment has taken place in the courts. The courts have ruled that there is nothing wrong with the cadre deployments policy. They have to ensure that the person appointed is capacitated enough to perform the tasks at hand. This issue of political interference is an untrue indoctrination.

Lastly, on Ms Ntuli's concerns, the Recognition of Prior Learning (RPL) programme seeks to address the people who have worked for years but do not have certain qualifications. They would not just see able and capable people being denied opportunities they deserve only because of a paper called a certificate. It is more about the capacity and ability to do the work.

On the issues of delegation of decision-making, she said that the political head delegates to the administrative head. Sometimes, a bad relationship between the two leads to the suffering of the department. What they did on the policy was to ensure that the executive authority kept power over the policy and direction of the department. Whereas the administrative head becomes accountable for the administration of the department.

The meeting is adjourned.