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public service bill ’fills the gap’ until 2009
21 May 2007
The Public Service Commission (PSC) has questioned the timing of the introduction of the Public Service Amendment Bill in light of the government’s ultimate plan to establish a single public service.
This was one of a string of reservations about the bill raised by the PSC in its bilateral discussions with the department. These discussions have addressed most of the PSC’s fundamental concerns. However, it still urged caution on some of the bill’s provisions, PSC director-general Odette Ramsingh told Parliament’s public service and administration committee yesterday.
The bill aims to set up new structures in the government to improve service delivery. It also deals with conditions of service, the transfer of employees within the government, outside work and grievance procedures.
Ramsingh said it was not clear why the bill was introduced “when within such a short period of time it will be overtaken by the Single Public Service Act”.
The department’s response was that the bill was necessary as the date for the commencement of the single public service had been pushed to 2009, from the initial implementation next year.
The PSC was also concerned that the power given to Public Service and Administration Minister Geraldine Fraser-Moleketi to conduct investigations could duplicate and possibly erode the constitutionally assigned powers of the PSC.
The department has agreed to omit this clause from the bill.
If legal advisers agree, a new clause would be added obliging the government to give effect to the PSC’s recommendations within a stipulated period. This was provided that they were subject to review. A provision for the minister to establish consultative advisory bodies could interfere with the advisory role of heads of departments and their senior managers, Ramsingh suggested.
“It still remains unclear to the PSC as to why it is necessary to legislate for advisory bodies when currently the minister has the authority to call on anyone or any institution to advise her.”
If Fraser-Moleketi were to act on advice given to her in respect of other departments, she could infringe on the executive powers of other cabinet ministers.
With regard to the establishment of government agencies — now called “government components” — and the creation of specialised and ring-fenced service delivery units within departments, the PSC expressed concern about the possible proliferation of state entities.
Linda Ensor, www.businessday.com
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