The Minister for the Public Service and Administration currently administers the Public Service Act, 1994 and the Public Administration Management Act, 2014 and has put the following measures in place to ensure compliance with both Acts:
- The Minister plays a crucial role by setting norms and standards through the issuance of regulations, determinations, and directives. These subordinate legislative tools provide clarity on the application of the Public Service Act, 1994 offering departments detailed guidance on how to comply with the law. The same applies to the Public Administration Management Act, the Minister issues regulations to supplement the provisions of the Act.
- Once these regulations and directives are issued, the relevant line functions within the Department of Public Service and Administration (DPSA) conduct training and awareness sessions. These sessions equip departments with the necessary knowledge to implement the law effectively, enhancing overall compliance.
- Additionally, Regulation 9 of the Public Service Regulations, 2016 mandates that executive authorities or head of department report compliance in a specified format and within set deadlines. This allows the DPSA to monitor and assess adherence to the Public Service Act.
- Regulation 9(3) of the Public Service Regulations further provides that an executive authority may not require or permit an employee to perform, or not to perform, any act in breach of the regulations which ensures that there is always compliance with the regulations.
- Employees also have a responsibility under Regulation 14(q) to report any instances of non-compliance to the head of department. If the head of department is responsible for the non-compliance, employees must report this to the executive authority.
- Furthermore, Section 16A of the Public Service Act requires both the executive authority and the head of department to report non-compliance to the Minister and the Director-General of the DPSA. In cases where an executive authority is non-compliant, the Minister must report this to Cabinet or the Executive Council and submit a report to the relevant parliamentary committee overseeing public service matters.
- These measures ensure a clear structure for monitoring, reporting, and addressing non-compliance, reinforcing accountability and promoting adherence to public service legislation.
- Lastly, the DPSA has entered into a Memorandum of Understanding (MOU) with the Auditor General of South Africa where the AG will be auditing selected areas of compliance especially as it relates to the public sector reforms for professionalisation.
The Minister for the Public Service and Administration sees professionalisation as a critical element to build the capacity of government and officials to act ethically, efficiently and in a developmental manner. The building of capacity, includes the public service conducting a skills audit, entrenching lifestyle audits and ensuring meritocratic recruitment in the filling of positions. These measures will improve knowledge and understanding of the importance of compliance with legislation.
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