Minister and Department of Public Service and Administration on Service Charter for the public service; SA accession to the African Charter: Departmental briefing

Public Service and Administration

11 September 2013
Chairperson: Mr E Nyekemba (ANC) (Acting)
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Meeting Summary

The Minister of Public Service and Administration introduced the Service Charter for the public service. The Charter was linked to wage negotiations which had started in 2012. She described the Charter as a win-win situation, in which labour had also made commitments with regard to service and productivity. There had been agreement with labour to create stability, and a deep concern for service delivery. A complaints call centre had been established. There was a code of conduct for public servants, which included not abusing positions of authority. The Minister called on Parliament to endorse the Charter.

The Public Service Coordinating Bargaining Chamber (PSCBC) said the Service Charter would promote a sense of belonging, and restore public service dignity. Animosities had ended during engagement with the Bargaining Chamber. For the first time, government had won something arising from wage negotiations.

The briefing by the Department of Public service and Administration (DPSA) on the Service Charter noted that all parties in the PSCBC had signed the Charter. All parties were committed to sevice delivery, to a reciprocal relation between the wage bill and public servants’ performance, and to the relationship between the state, public service and citizens. Values guiding the Service Charter were transparency and accountability, and good human resources management. The Charter was an accord between the state as employer and public service unions in the PSCBC. Roles and responsibilities were set out for all parties. The Charter was based on engagement between government and citizens. Public servants pledged improved service delivery, and trade unions would ensure that members abided by the pledge. The Charter had been launched in August 2013, and endorsed by Cabinet in September 2013.

Members asked if there had been any deviation on the part of employees, expressed doubt if effectiveness in the public service could be measured, asked if the Charter would have an impact at local government level and if problems with municipal councils were foreseen. There were questions about the accessibility of the call centre, especially for rural people.  The role of the School of Government in imbuing a culture of service in every public servant was discussed. It was suggested that community development workers should popularise the Charter. The new approach in the Charter was appreciated, but it was stressed that there would have to be education to implement it.


The briefing on South Africa’s accession to the African Charter on public service, stressed the leading role the country had played in initiating and championing the Charter. However, South Africa had not yet ratified the Charter. The African Charter was a guide to the transformation of the public service in Africa. Articles and provisions included the duties of public service and administration, and a code of conduct for public service agents.

During the discussion, there was a strong feeling that South Africa had to ratify the African Charter as soon as possible, given the fact that the country had a leading role in initiating and championing it. The DA asked for time to take the Charter to their caucus, which was accepted.

 

Meeting report

Service Charter for the public service: Briefing by the Minister and DPSA

Ms Lindiwe Sisulu, Minister of Public Service and Administration, advised the Committee that she had invited Mr Frikkie de Bruin, General Secretary of the Public Service Coordinating Bargaining Chamber (PSCBC) and his colleague, Mr Mpfarisimi Phophi.

Wage negotiations had started in 2012. There had been concern about the wage bill. Labour had been told that economic growth in the public sector was not foreseen. The settlement achieved had been a win-win outcome. Wage negotiations usually revolved around what the employee wanted. Labour could be agile with demands. In the current settlement, it had also been asked that productivity be measured. Engagement with the Bargaining Chamber and the unions had led to the conclusion that productivity in the public service could be measured. There had been an agreement about responsibility towards people.  Labour had said that it was not merely a matter of wages, but whether the State looked after its people.

Wage negotiations would extend over a three-year term to set standards. There was an agreement with labour to create stability. There was deep concern over service delivery. The signing of the Charter had been part of wage negotiations. The Minister had been invited to the Bargaining Chamber and had had a good engagement there. All the members had signed the Charter. A complaints call centre had been established. It had been agreed that leaders of labour would supply personal telephone numbers.

The Minister asked the Portfolio to champion the Service Charter through Parliament. All parties had to own it.

Mr De Bruin said that the Service Charter was a multi-term agreement.   In the context of frequent strike actions, it could bring stability. It was a win-win situation, and for the first time government had won something. During the first negotiations, the unions had walked out, but a strong commitment from the Minister and her team had won them over. The Service Charter was of great importance. Since the launch, there had been engagements with constituencies. There were statistics on calls received. The Charter had created a sense of belonging, of coming back to public service, and restored public service dignity.  During engagement with the Bargaining Chamber, animosities had come to an end.

Briefing by DPSA
Mr Khumbula Ndaba, Deputy Director General, Labour Relations, said that all parties in the PSCBC had signed the Service Charter. The main concerns of the parties were levels of service delivery, a reciprocal relationship between the wage bill and the performance of public servants, and relations between the state, public servants and citizens.

Values that governed public administration, set out in Chapter 10 of the Constitution, included professional ethics; transparency; accountability and good human resources management. The legislative context to the Charter included the 1997 Batho Pele White Paper on transforming public service delivery. The Service Charter was an accord between the State as employer and the public service unions represented in the PSCBC. It set out the roles and responsibilities of the parties. It formed the basis of engagement between government and citizens. The Charter re-committed parties to the Batho Pele principles of consultation and value for money. It was a pledge by public servants to improve service delivery, and by trade unions to ensure that their members abided by the pledge, and intervene in instances of breach. The centrality of citizens was recognised.

Articles in the Charter indicated who the partners to it were, and where they could be found. It included commitments by the State as employer, and commitments by public servants. The Service Charter had been launched on 29 August 2013, supported by COSATU, business and National Economic Development and Labour Council (NEDLAC). Cabinet had endorsed the Charter on 4 September 2013. It was being translated into the 11 official languages. Public awareness was being created through newspaper advertisements. Premiers would lead the provincial launches from October 2013 to March 2014. The Charter would be tabled in the provincial legislatures and municipal councils. All public servants were to sign the Charter.

The Minister asked Mr Indivhuwo Mabaya, Chief Director of Communications, to comment on the call centre.

Mr Mabaya said that the call centre was a tool of empowerment. All public servants could be reported to the Minister. He cited the example of someone calling in to say that they had refused a service, since it was inadequate. Such communications were welcomed. There was a shared call number, for which the Department paid 40 cents of the charge, against the 50 cents of the caller.

The Minister remarked that there was a code of conduct for public servants. It included not abusing positions of authority, and a commitment to optimal development. People had to be creative in their jobs. Senior managers had to be prepared to serve the state at all times. The code of conduct required that people be well dressed, that they not engage in transactions for personal gain, and that they be sober, honest and impartial. All information about personal gain had to be disclosed.

Discussion
The Chairperson commented that bargaining had not only been about wages, but also about service delivery. That fact was appreciated. There had also been a commitment from the side of employees.

Mr S Marais (DA) asked if there had been any deviation from the side of employees. The three- year term would run out the following year.

The Minister responded that there was a social contract between government and labour.  Matters could be taken to the Constitutional Court to test the instrument.

Mr Marais asked how productivity would be measured effectively. There was a commitment from both sides in the Charter, but the question remained how effectiveness could be measured. He asked how not employing friends or family could be measured.

Mr Marais asked about implications for municipalities. The South African Local Government Association (SALGA) had not been consulted. The DPSA was not mandated to work at local government level.

The Minister responded that the public service mandate was not local, but there would be a rollout.

Mr Marais asked about the rollout to Premiers. He asked if the trade unions had signed, and whether the Premiers would sign.

The Minister responded that there had not been a presentation to the Premiers. The Presidential Coordinating Council would see to that. Labour had been asked whether their colleagues would commit. It had been put to Cabinet.

Mr D du Toit (DA) asked about the possibility of name tags for employees, and official business cards. It had to be possible to contact someone’s immediate supervisor.

The Minister responded that business cards would have great financial implications for the state. Civil servants had to be protected. It was not desirable for people to be able to call them at midnight. The number of a manager could be given.

Mr Du Toit remarked that he was impressed with the achievement of the Service Charter. There had to be research about inputs from the public. An objective set of data had to be assembled.

The Minister responded that most elements in the Charter had been the responsibility of public servants. There was compliance with universal standards in the Charter.

Mr Du Toit commented on writing to municipal managers about the Charter. He foresaw problems at that level.

Ms J Maluleke (ANC) thanked those responsible for their hard work, although implementation could not yet be seen.  She asked if the call centre would cater for cell phones, to accommodate rural people. She asked how the Batho Pele call centre could be reached.

The Minister responded that there would be no discrimination between cellphones and landlines. The Department could be persuaded to grant two minutes of free call time.

Ms Maluleke asked about the possibility of suggestion boxes. She appreciated that the Charter would be translated into all 11 languages, and suggested that the Charter be displayed in constituency offices, and presented to communities.

The Minister responded that government was available to popularise the Charter at both local and provincial levels. Copies would be made available to take to constituencies. The Department itself dealt with suggestions.

Ms M Mohale (ANC) said that she appreciated that the Service Charter had followed on Batho Pele.  There were new ideas that would lead to improvement. The PSCBC had helped the public sector not to strike. She agreed that public servants had to make a commitment to carry out their duties.

The Minister responded that there had been improvement from Batho Pele to the Service Charter.  Government had taken the people with them. It was a “dream come true.”  There had been a history of instability between employers and workers.  Hospitals were not working in 2010, and there had been no teaching in schools.

Ms Mohale asked about the role of the School of Government. The question was how the public service mindset could be changed.  What difference would the Service Charter make?  The School of Government could help.

The Minister replied that the School of Government could imbue a culture of service in every public servant. It could promote understanding of what it meant to be a public servant. People had to be educated to do things differently.


Ms Mohale asked about the capacity of the Batho Pele call centre to follow up on cases. There had to be a turnaround time to deal with queries.

Ms Mohale advised that community development workers could help popularise the Charter. They was a link between people and departments. Trade unions could inform their own members. She would like to see workers believe in the Service Charter principles.

The Minister agreed that community development workers could be roped in to solve a problem that had bedevilled the government. The question was what unions could do to educate members. They could also be put through the School of Government.

Mr L Ramatlakane (COPE) commented that the challenge was to “drill down” into implementation. There was the trade union question, and the need for education of the public service to ensure implementation. The question was what both parties had committed to. It was necessary to drill down to individuals, and find ways to educate them.

He referred to the responsibility resting on trade unions. It was a societal question. The more resources spent on education for the public service, the better.

Mr Ramatlakane asked about the consequences for non-adherence to the Charter. Leaders could be phoned, but there would be individual deviations. There was a case where an individual had committed suicide because the Department of Home Affairs would not give him an ID. The official concerned had been fired on the spot. There had to be consequences for failure to perform, including repeat offences. He did not see provision for that in the Charter.

The Minister replied that restructured performance agreements would form part of the employment contract. Standards had to be set regarding consequences. Government and the unions had to cooperate.

Ms Melissa Ntshikila, Deputy Director General: Legal Services, added that employers had committed themselves to performance agreements. Managers would monitor the performance of individuals. Some would have to be educated or re-educated. If there was willful deviation, there would be disciplinary action. The disciplinary code would come in, and become more punitive. It would no longer do to hide behind lack of evaluation. It was going to be required of everyone to perform differently. People who did not want to serve, would be out of the public service.

Mr Ramatlakane asked what trade unions were doing to make people understand the concept of  service delivery. The more people understood this correctly, the better performance would be. There had to be remedies for breaches.

Mr Phophi replied that a commitment had been made by the unions on the day of the launching that they would not defend members who violated the Charter. Unions would popularise the Charter on websites. The training of trade unionists had to start with shop stewards, via the Shop Stewards Council.

The Chairperson concluded that there was a challenge for Parliament to contribute to service improvement. Local government could be a part of service improvement, as they also delivered services.

Briefing on South African accession to the African Charter
Dr Alex Mahapa, Deputy Director General: Governance and International Relations, said that South Africa had played a key role in the development of the African Charter on Values and Principles of Public Service and Administration between 2007 and 2011, and had chaired the Conference for two consecutive terms during the 4th and 5th Conferences running between 2003 and 2008.  The African Charter had to guide the transformation of the public service in Africa. Thirty member countries had signed, but it had not been ratified.


The Charter’s articles and provisions included the duties of the public service and administration, including efficient service and modernization, and a code of conduct for public service agents. The latter included professionalism and ethical behaviour, and preventing and combating corruption.

Parliament was asked to give permission for South African accession to the Charter.

Discussion
The Chairperson remarked that South Africa, as a member state, had been a driving force in the establishment of the African Charter. It was only just that Parliament should endorse it. The briefing by the Department had to be endorsed in the National Assembly.

Mr Ramatlakane commented that the recommendations of the briefing had been straightforward. South Africa had been in the driving seat initially, but had been overtaken by Mauritius in signing. South Africa had initiated and driven the Charter, and simply had to sign. The signing should rightly have been done long before.

Mr Marais said that he saw no problem with the DA endorsing the Charter, but a synopsis had first to be carried out.

Mr Du Toit agreed that time was needed for a report to the DA caucus.

The Chairperson asked that Mr Ramatlakane’s motion be seconded. The DA could be granted time to take it to caucus, so that the Charter could be endorsed as a Committee.

Ms Mohale asked when the next African Union meeting was to be, so that South Africa could sign. The DA still had to take it to caucus, but there was agreement.

Dr Mahapa replied that the next meeting would be in January 2014, but African Ministers could be called at any time. There had to be a recommendation before January 2014.

The Chairperson said that the process should be aligned with the Parliamentary programme. He noted that Mr Ramatlakane had raised a good point.  South Africa had initiated the Charter, but it had not yet been lodged through the Portfolio Committee.


The Chairperson concluded that it was not wrong for the DA to take the Charter to their caucus. If they were unhappy, it could be brought up when presented to Parliament.

The motion to endorse the African Charter was seconded.

The Chairperson adjourned the meeting.

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