MM Forum April `13 Final Presentation

Report
www.salga.org.za
MUNICIPAL MANAGERS
FORUM
30 April 2013
PUBLIC ADMINISTRATION MANAGEMENT BILL
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OUTLINE OF
PRESENTATION
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Introduction and Background
Problem statement
Why we need a uniform system of public administration
Key pillars for the implementation of a uniform system of public
administration
Scope & object of the Draft Bill
How will the object of the Draft Bill be achieved
Terms and Conditions of service
Vesting of HR powers
Deployments &Post employment restriction
Miscellaneous provisions
Regulation-making powers
Public Service Commission mandate and amendment of other laws
New Proposed amendments
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Way forward
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INTRODUCTION
• In 2007 Cabinet approved draft legislation in support of
establishment of a Single Public Service (SPS).
• SALGA developed a discussion paper on the SPS for PMAs
and Provincial Conferences that took place during 2007.
• feedback received from provinces were incorporated into the
discussion/ position paper and tabled for discussion and
consideration by the SALGA National Conference of 2007.
• Conference made input which led to further work conducted on
the impact of the SPS.
• Revised position paper presented to and adopted by National
Consultative Workshop (Oct ‘07) and the NMA (March ‘08).
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INTRODUCTION
• DPSA presented Public Administration Management Bill
(PAMB) at NEDLAC in April 2008 and later tabled it in
Parliament in June 2008.
• Due to lobbying from social partners (business and labour) a
decision was taken to withdraw the Bill and to further consult
the relevant stakeholders.
• During January 2013, the DPSA revived the discussions around
the PAMB and asked NEDLAC to facilitate consultation on the
PAMB.
• Technical Task Team comprising of Labour, Business and
Government has been convened under the auspices of the
Labour Market Chamber to consult on the PAMB.
• SALGA included in Task Team as part of the Govt delegation.
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INTRODUCTION
• PAMB Task Team convened first meeting 17 April ‘13 to:
– consider the PAMB;
– to strive to reach maximum areas of agreement on the
content of the PAMB; and
– to produce a NEDLAC report on the deliberations of the Task
Team.
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The task team will aim to complete its work within three months
(by June 2013) in accordance with the NEDLAC Protocol for
Tabling Matters.
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PROBLEM STATEMENT
• Our Public Administration does not have uniform norms
and standards for amongst others;
– service delivery,
– mobility of personnel vertically and horizontally
throughout the spheres,
– Information and Communication Technology,
– Conditions of Service,
– discipline management,
– recruitment,
– anti-corruption measures,
– training and development, and
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– the establishment of integrated service centres.
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NEED FOR UNIFORM
SYSTEM OF PUB ADMIN?
 Strategic alignment & harmonization of institutions
within three spheres of government
 Create strong centre of government that is in position to hold
service delivery vehicles together & to provide support,
guidance & advice where needed
 Create seamless & integrated service delivery through a single
window approach
• convenience to service recipients
• integrated service delivery platforms & front offices (Thusong
Service Centres)
 Creating shared vision & common culture of service delivery
across all spheres
 Systematically share knowledge, expertise, resources & best
practices to preclude weak links
 Stability & improved intergovernmental relations
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NEED FOR UNIFORM
SYSTEM OF PUB ADMIN?
 Optimal utilization of limited resources underpinned by
creating government institutions that are accessible, efficient,
representative, accountable, sustainable & responsive to
service delivery needs
 Framework to facilitate mobility within spheres of government
 Clearly defined employment practices, including remuneration
& conditions of service, for all employees
 Clearly defined employee relations framework & mandating
arrangements
 Aligned training & capacity development to ensure transfer of
knowledge & skills across spheres
 ICT:
• Interoperability of ICT transversal systems, e.g. financial &
human resource systems
• Maximization of economies of scale in ICT goods &8 service
• Elimination of duplication of costly efforts in ICT
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KEY PILLARS FOR
IMPLEMENTATION
 The implementation of a Uniform Public Administration is
underpinned by five pillars:
1. Service Delivery
Access initiatives for seamless service delivery, e.g.
Batho Pele Portal, Thusong Service Centres, Pilot Urban
Mall, Geographical Information System (GIS), Access
Studies
Culture of service delivery, e.g. infusing Batho Pele in
three spheres; setting of service standards
2. ICT enablement
e-Government strategic framework to guide institutions in
coordinating their ICT initiatives to advance, enhance &
enable delivery of services via ICT
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KEY PILLARS FOR
IMPLEMENTATION Cont..
3. Human Resource Management & Development
Harmonisation & better alignment of institutional enablers
that will contribute towards enhanced service delivery, e.g.
wage policy, harmonized conditions of service, norms &
standards for human resource management &
development, legal mechanisms for staff mobility
4. Anti-corruption
Development of public sector Anti-Corruption Strategy,
review of anti-corruption capacity across government &
evaluation of existing frameworks
5. Framework Legislation for a Uniform Public Administration
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IMPACT ON MUNICIPALITIES?
 Draft Bill recognises constitutional powers of municipalities:
• Municipalities appoint & dismiss their employees within
national framework of norms & standards
• In circumscribed instances, the Minister for PSA sets limits on
terms & conditions of employees in three spheres & address
unjustifiable disparities
 Where municipalities’ interests are affected:
• SALGA’s concurrence as representing national organised
local government
• Consultation with Minister for Co-operative Governance &
Traditional Affairs (MCGTA)
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SCOPE & OBJECT
 Scope
 Public service consisting of national & provincial
departments; and
 Municipalities (cl 2)
 Object
 With due regard to Ch 10 values & principles in the
Constitution, provide for administration in the three
spheres of government to be organised & to function in
ways that ensure efficient, quality, collaborative &
accountable service delivery to alleviate poverty & promote
social & economic development for the people of South
Africa (cl 3)
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HOW WILL OBJECT
BE ACHIEVED?
 Object to be achieved by, among others—
• Providing for use & development of institutions, systems, practices,
procedures and human, ICT & other resources
 in manner which maximises human potential & addresses staff
shortages & barriers to staff mobility & efficiency in institutions and
service delivery
• Providing for frameworks for personnel & public administration systems,
practices & procedures
• Providing for setting of standards for services & facilitating culture of
service delivery
• Removing & preventing unjustifiable disparities in conditions of service of
employees
• Providing for a Senior Management Service
• Providing for standards of conduct & anti-corruption measures to promote
service delivery, ethical conduct & professionalism of employees
• Providing for e-government as key mechanism to improve internal
efficiency of institutions & service delivery (cl 3)
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TERMS & CONDITIONS
OF EMPLOYEES
(OTHER THAN SNR MNGMNT)
 Collective bargaining to continue in current bargaining
councils for public service (PSCBC) & local govt (SALGBC)
 Limited by ministerial power to remove or prevent unjustifiable
disparities by• Tabling proposals in bargaining council/s
• Requiring that employer parties must obtain
Mandate; or
Authorisation before concluding collective agreements
falling outside prescribed framework (cls 29 & 30)
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TERMS & CONDITIONS
OF EMPLOYEES
(SNR MANAGEMENT)
 Proposes creation of Senior Management Service (SMS)
consisting of national, provincial and municipal senior
managers
 For SMS members the MPSA to determine
• Framework of minimum & maximum remuneration levels;
and
• Norms & standards on conditions of service (cl 15)
 In respect of local government, MPSA must
• Consult Minister of COGTA; and
• Obtain SALGA’s concurrence
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VESTING OF HR POWERS
 Political head to appoint head of institution & managers
reporting to head
 National/provincial departments: President/Premier
 Municipalities – Municipal Council (cl 13)
 Administrative head to appoint remainder of staff & to
determine organisational structure
• For municipality, appointments are subject to municipal
council’s policy directions (cl 11(1)(g) & 21(1))
 Stated that municipality is employer of all its employees (cl
21(2))
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DEPLOYMENTS
 Transfer/secondment without individual’s consent is
only fair taking into account
• Operational requirements, incl. whether secondment would
address requirements &
• Employee’s representations taken into consideration (cls 24
& 25)
 Transfer/secondment to & from municipalities/ provincial
departments – agreement of affected municipality/provincial
department required (cl 24(8) & 25(6))
 Tailor-made s197 (LRA) for staff transfers in case of function
transfers (cl 26)
 Expedited procedures for disputes about fairness of transfer &
secondment (cl 27)
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POST EMPLOYMENT
RESTRICTION
 Cooling off period for 12 months for employees involved in
procurement (cl 37)
• Employee may not accept employment with successful
service provider
• Provision for deviation from 12 month period
• Sanctions include
Employee or service provider that contravenes this
provision guilty of offence & if convicted - fine up to
R1 million
Contravention constitutes good cause for cancelling
contract with service provider
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MISCELLANEOUS
 Training (cls 31-34)
• Recognise PALAMA & other training institutions
• Provision for compulsory training, registration of training
standards & accreditation as training providers
 Employees as candidates for legislatures (cl 36)
• May be candidate subject to code of conduct & prescribed
limits
• Once elected, employment contract automatically
terminates
• Proposed that employees may not be part-time municipal
councilors
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MISCELLANEOUS
 When person applies for post – must disclose prior
actions on grounds of misconduct/ill health/poor performance
& known pending actions (cl 39)
 Allow for continuation of incomplete disciplinary/ other actions
when employee leaves institution & joins another within Bill’s
scope (cl 39)
 May prescribe period within which re-employment of
employees found guilty of misconduct are prohibited (cl 40)
 When contraventions of Act/regulations occur, relevant
authority compelled to discipline employees & to keep record
thereof (cl 49)
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REGULATION-MAKING POWERS
 MPSA to set, through regulations, norms & standards on
personnel and public administration practices, procedures &
systems (cl 44)
 Before making regulations (cls 45-46)
• Notice & comment process
• In respect of local government, concurrence of SALGA and
consultation with MCGTA
• If regulation concerns matter of mutual interest, Minister or
party to bargaining council may table it for negotiation
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PSC MANDATE &
AMENDMENTS TO OTHER LAWS
 Propose extension of Public Service Commission’s
mandate to local government (Schedule 3, Part A, item 3)
 Draft Bill proposes (cl 55 & Sch 3)
• The repeal of Public Service Act, 1994
• The amendment/repeal of only HR related provisions in
Municipal Structures Act (i.e. s82)
Municipal Systems Act (i.e. ss 1, 26, 55(1), 56, 57, 66-72
& Sch 2)
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NEW PROPOSED
AMENDMENTS
• As part of fighting corruption, professionalising public administration and
ensuring compliance with norms and standards set for administration,
following amendments are proposed before draft Bill is re-introduced:
– Prohibition of employees to do business with State.
– Establishment of anti-corruption bureau to deal with corruption related
misconduct cases in administration.
– Office of Standards and Compliance: monitor compliance with norms and
standards and also to assist public administration with compliance.
– Regulating candidature of employees during election by deeming them to
have resigned upon acceptance of nomination to stand for election.
– Enhancing clause dealing with outside remunerative work by defining
“remuneration” and clarifying that where no decision is made on
application it should be deemed that approval was not granted.
– Removal of reference to part-time employment in Bill.
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– Provision to criminalise failures to comply with provisions of Bill
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WAY FORWARD
• new proposals + legislative amendments impacting
on PAMB since 2008, it becomes necessary for SALGA to
embark on a consultative process with its members:– provincial workshops;
– culminate in a national workshop to consolidate the
provincial input.
– Due to the NEDLAC timeframes these workshop must take
place by end-May 2013 in order for SALGA to make
comprehensive input into the NEDLAC process.
 Re-introduction in Parliament in June 2013
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THANK YOU
CONTACT DETAILS:LANCE JOEL
012 3698000
0829083335
[email protected]

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