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OF THE PUBLIC SERVICE Public Service Commission Quarterly Bulletin – Volume 5
1. INTRODUCTION
The Public Service Commission (PSC) is pleased to release
Volume 5 of the Pulse of the Public Service covering the period 01
April 2018 to 30 June 2018. The PSC uses this Bulletin as a
platform to brief its stakeholders, such as members of the public,
public servants and Legislatures, on a quarterly basis about its
mandate of overseeing the effectiveness and efficiency of the
Public Service. The PSC is of the view that stakeholders would use
the Bulletin as a source of information on the state of the Public
Service.
The mandate of the PSC is informed, amongst others, by the
Constitutional Values and Principles (CVPs) that govern public
administration and serve as a framework that can be used by the
public to assess the performance of the Public Service. The PSC is
responsible for promoting the Constitutional Values and Principles
as set out in Section 195 throughout the Public Service. All public
servants ought to be aware of the link between their actions,
attitude, behavior and the values expressed in the constitution as
outlined below:
This edition of the Pulse Bulletin focuses on governance matters in the Public Service, relating to the State of
Human Resources, Grievances, Complaints and Financial Disclosures for the period 01 April 2018 to 30 June
2018.
Contents
1. INTRODUCTION ..................... ..1
2. STATE OF HUMAN
RESOURCE CAPACITY IN THE
PUBLIC SERVICE AT
NATIONAL AND PROVINCIAL
LEVEL ........................................ 2
3. OVERALL NUMBER OF
GRIEVANCES HANDLED BY
THE PSC UP TO 30 JUNE
2018. .......................................... 7
4. COMPLAINTS LODGED WITH
THE PSC ................................... 9
4.1 Complaints lodged through the
National Anti-Corruption Hotline
(NACH)…………………………...9
4.2 Complaints lodged through
methods other than the NACH…11
5. MANAGEMENT OF THE
FINANCIAL DISCLOSURE
FRAMEWORK ......................... 13
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2. STATE OF HUMAN RESOURCE CAPACITY IN THE PUBLIC SERVICE AT NATIONAL AND PROVINCIAL LEVEL
2.1 Approved, filled and vacant positions in the Public Service
The Public Service is the largest employer in South Africa and it is crucial that the state of the Public Service is continuously reported on. The
section below provides a synopsis of the total number of posts in the Public Service and this includes the national and provincial departments. As
illustrated in Table 1 below, as at end of June 2018, the total number of positions in the Public Service was 1 300 952, of which 1 175 531 posts
were filled, thus resulted in 125 421 vacant positions.
Table1: Total number of posts, filled and vacant
National/ Province Nature of post Total National
Eastern Cape
Free State Gauteng KwaZulu-Natal
Limpopo Mpumalanga North West
Northern Cape
Western Cape
Q2 (Jul - Sep 2017)
No. of posts 1 307 552 360 997 141 810 59 090 174 521 202 577 115 556 74 833 69 997 25 630 82 541
No. of filled 1 172 633 333 767 109 811 55 488 159 648 185 964 104 665 69 892 57 321 21 618 74 459
No. of vacant 134 919 27 230 31 999 3 602 14 873 16 613 10 891 4 941 12 676 4 012 8 082
Q3 (Oct - Dec 2017)
No. of posts 1 305 458 359 999 143 194 60 388 175 837 196 700 115 353 75 353 71 300 24 856 82 478
No. of filled 1 156 683 332 595 109 724 54 704 157 032 182 651 102 987 69 000 54 653 21 114 72 223
No. of vacant 148 775 27 404 33 470 5 684 18 805 14 049 12 366 6 353 16 647 3 742 10 255
Q4 (Jan - Mar 2018)
No. of posts 1 303 607 359 195 141 406 61 809 175 627 195 952 116 530 75 000 70 558 24 793 82 737
No. of filled 1 174 301 336 919 112 166 54 515 159 509 183 340 104 389 69 979 58 102 21 246 74 136
No. of vacant 129 306 22 276 29 240 7 294 16 118 12 612 12 141 5 021 12 456 3 547 8 601
Q1 (Apr - Jun 2018)
No. of posts 1 300 952 358 559 142 134 59 841 175 106 195 630 115 463 75 226 70 568 25 074 83 351
No. of filled 1 175 531 335 355 112 993 55 720 159 206 182 872 104 616 70 226 59 187 21 676 73 680
No. of vacant 125 421 23 204 29 141 4 121 15 900 12 758 10 847 5 000 11 381 3 398 9 671
Average
No. of posts 1 304 392 359 688 142 136 60 282 175 273 197 715 115 726 75 103 70 606 25 088 82 777
No. of filled 1 169 787 334 659 111 174 55 107 158 849 183 707 104 164 69 774 57 316 21 414 73 625
No. of vacant 134 605 25 029 30 963 5 175 16 424 14 008 11 561 5 329 13 290 3 675 9 152
2.1.1 A comparison of vacancy rate as at the end of 2017/2018 financial year versus 2018/2019 Quarter 1 (Trends Analysis)
Table 2 shows that with regards to provinces and despite the overall decline in vacancies, the vacancy rate for the Eastern Cape and the North
West provinces remain the highest at 22% and 19% respectively. The most significant decline was recorded in the Free State, with a decrease
from 11.8% to 6.9%, which now makes the provincial vacancy rate well below 10%. It is therefore vital that provinces with vacancy rates exceeding
10% such as Eastern Cape, North West, Northern Cape and Western Cape ensure that critical vacant posts are filled timeously.
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Table 2: Representation of vacancy rate in the Public Service in terms of percentages
National/ Province Q2 (Jul-Sep 2017) Q3 (Oct-Dec 2017) Q4 (Jan-Mar 2018) Q1 (Apr-Jun 2018) Average
Public Service 10.3% 11.4% 9.90% 9.60% 10% National 7.5% 7.6% 6.20% 6.50% 7% Eastern Cape 22.6% 23.4% 20.60% 20.50% 22% Free State 6.1% 9.4% 11.80% 6.90% 9% Gauteng 8.5% 10.7% 9.20% 9.10% 9% KwaZulu-Natal 8.2% 7.1% 6.40% 6.50% 7% Limpopo 9.4% 10.7% 10.40% 9.40% 10% Mpumalanga 6.6% 8.4% 6.70% 6.70% 7% North West 18.1% 23.3% 17.70% 16.10% 19% Northern Cape 15.7% 15.1% 14.30% 13.50% 15% Western Cape 9.8% 12.4% 10.40% 11.60% 11%
2.1.2 Departments with the highest vacancy rate
Table 3 below displays the National Departments with the highest vacancy rate for the period ending June 2018. The top four departments were:
Sport and Recreation with a vacancy rate of 39.1%, followed by the Department of Transport and Department of Rural Development and Land
Reform with a vacancy rate of 28.1% and 24.8% respectively. The Department of Social Development had a vacancy rate of 22.4%. The Rural
Development and Land Reform Department had 650 vacancies at the beginning of the first quarter, and had additional 998 vacancies at the end of
the same quarter which makes a total of 1 648 vacancies (24,8%).
It should be noted that during quarter 4, the Department of Public Works (DPW) had the highest vacancy rate of 40.4%. In the first quarter, the
DPW filled a large number of vacancies. However, there is a complaint lodged with the PSC about the regularities of these appointments and the
PSC is investigating.
Table 3: National departments with the highest vacancy rate Quarter National Departments Total Posts Filled Posts Vacant Posts Vacancy Rate
Q3 (Oct-Dec 2017)
Public Works 7 994 4 586 3 408 42.6%
Sport and Recreation 252 163 89 35.3%
Water and Sanitation 7 459 5 499 1 960 26.3%
Transport 881 654 227 25.8%
Human Settlements 727 541 186 25.6%
Planning, Monitoring and Evaluation 489 365 124 25.4%
Social Development 935 706 229 24.5%
Q4 (Jan-Mar 2018)
Public Works 7 865 4 684 3 181 40.4%
Sport and Recreation 249 152 97 39.0%
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Quarter National Departments Total Posts Filled Posts Vacant Posts Vacancy Rate
Transport 919 637 282 30.7%
Social Development 939 726 213 22.7%
Q1 (Apr-Jun 2018)
Sport and Recreation South Africa 243 148 95 39.1%
Transport 885 636 249 28.1%
Rural Development and Land Reform 6 654 5 006 1 648 24,8%
Social Development 946 734 212 22.4%
2.1.3 Vacancy rate per salary level as at June 2018
With regard to averages on salary levels, the highest vacancies depicted in Table 4 below were recorded in salary levels 01-08 which is 6 533
average vacancies for the first quarter. The quarterly average has decreased by 3% from the fourth quarter to the first quarter (i.e. from 12 931 to
12 542).
Table 4: Total number of vacancies according to salary level
Quarters Salary Level
National Eastern Cape
Free State
Gauteng KwaZulu-Natal
Limpopo Mpumalanga North West
Northern Cape
Western Cape
Total Average
Quarter 2
Total 27 230 31 999 3 602 14 873 16 613 10 891 4 941 12 676 4 012 8 082 134 919 13 492
01-08 18 857 16 900 2 356 9 016 7 585 4 918 2 564 7 861 1 245 2 816 74 118 7 412
09-12 7 144 14 986 1 187 5 733 8 884 5 888 2 248 4 697 2 702 5 248 58 728 5 873
13-16 1 229 113 59 124 144 85 129 118 65 18 2 073 207
Quarter 3
Total 27 404 33 470 5 684 18 805 14 049 12 366 6 353 16 647 3 742 10 255 148 775 14 878
00 127
1
128 13
01-08 18 863 17 276 3 877 9 978 4 242 5 447 2 805 9 472 987 3 971 76 918 7 692
09-12 7 217 16 095 1 708 8 692 9 735 6 829 3 419 7 056 2 706 6 261 69 718 6 972
13-16 1 197 99 99 135 72 90 129 118 49 23 2 011 201
Quarter 4
Total 22 276 29 240 7 294 16 118 12 612 12 141 5 021 12 456 3 547 8 601 129 306 12 931
00 118
1
119 12
01-08 14 412 15 265 4 542 9 200 3 275 6 102 2 289 7 908 797 3 000 66 790 6 679
09-12 6 534 13 871 2 678 6 773 9 287 5 945 2 602 4 429 2 704 5 572 60 395 6 040
13-16 1 212 104 74 145 50 94 130 118 46 29 2 002 200
Quarter 1
Total 23 204 29 141 4 121 15 900 12 758 10 847 5 000 11 381 3 398 9 671 125 421 12 542
00 147
1
148 15
01-08 15 088 15 401 2 653 9 232 3 707 4 980 2 561 7 224 828 3 660 65 334 6 533
09-12 6 736 13 605 1 403 6 504 9 002 5 778 2 313 4 053 2 523 5 983 57 900 5 790
13-16 1 233 135 65 164 49 89 126 103 47 28 2 039 204
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2.2 State of the Public Service in terms of appointments and service terminations
According to Table 5 below, the Public Service had a total of 8 684 appointments for the 2018/19 Quarter 1. In the same period there was a total of
7 277 terminations.
Table 5: Comparison of appointments versus terminations
Quarter Appointments/ Terminations
National Eastern Cape
Free State
Gauteng Kwa-Zulu Natal
Limpopo Mpumalanga North West
Northern Cape
Western Cape
Total Average
Quarter 2 Appointments 1 092 705 414 989 641 402 165 320 96 1 141 5 965 597
Terminations 1 624 927 360 1 324 1 282 654 420 391 177 757 7 916 792
Quarter 3 Appointments 1 941 1 410 282 821 739 645 520 343 153 737 7 591 759
Terminations 1 526 719 288 927 803 481 247 277 111 497 5 876 588
Quarter 4 Appointments 2 388 2 402 390 1 292 997 1 364 419 1 091 210 1 511 12 064 1 206
Terminations 1 673 1 119 339 1 286 1 356 727 400 368 171 580 8 019 802
Quarter 1 Appointments 1 094 2 217 280 629 916 907 490 1 118 162 871 8 684 868
Terminations 1 750 844 31 1 240 1 164 758 329 378 183 600 7 277 728
Total Appointments 6 515 6 734 1 366 3 731 3 293 3 318 1 594 2 872 621 4 260 34 304 3 430
Terminations 6 573 3 609 1 018 4 777 4 605 2 620 1 396 1 414 642 2 434 29 088 2 909
Average Appointments 1 629 1 684 342 933 823 830 399 718 155 1 065 8 578 858
Terminations 1 643 902 255 1 194 1 151 655 349 354 161 609 7 273 727
The reasons for the terminations vary among departments and provinces, however, the most prominent type of termination in the Public Service
were resignations and retirement under the Public Service Act and to a lesser degree retirement under the Education Employment Act. This was
also the case for the two provinces, Gauteng and KwaZulu-Natal, that experienced the highest service terminations at 1 240 and 1 164
respectively.
The PSC has observed that most vacancies in the Public Service are filled through transfers instead of new appointments. The PSC will also be
having further engagements with the departments having the highest vacancy rate.
With regards to service terminations according to salary levels, Table 6 below shows that the highest number of service terminations was
experienced at salary level 01-08 (5 494) throughout the Public Service. This was followed by salary level 09-12 (2 036), which includes middle
management levels in the Public Service.
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Table 6: Service Termination by Salary Levels Quarter Salary
Level National Eastern
Cape Free State
Gauteng KwaZulu-Natal
Limpopo Mpumalanga
North West
Northern Cape
Western Cape
Total Average
Quarter 2 Total 1 624 927 360 1 324 1 282 654 420 391 177 757 7 916 792
1-8 1 269 618 271 957 893 429 310 290 124 554 5 715 572
9-12 309 304 87 362 386 222 107 99 52 98 2 026 203
13-16 46 5 2 5 3 3 3 2 1 5 75 8
Quarter 3 Total 1 526 719 288 927 803 481 247 277 111 497 5 876 588
1-8 1 230 528 214 646 563 343 170 215 79 341 4 329 433
9-12 260 186 71 272 239 133 77 58 30 151 1 477 148
13-16 36 5 3 9 1 5
4 2 5 70 7
Quarter 4 Total 1 673 1 119 339 1 286 1 356 727 400 368 171 580 8 019 802
1-8 1 276 713 229 929 863 485 285 255 120 395 5 550 555
9-12 336 399 107 348 486 237 115 111 51 183 2 373 237
13-16 61 7 3 9 7 5
2
2 96 10
Quarter 1 Total 1 750 844 381 1 240 1 164 758 329 378 183 600 7 627 763
00
2
2 0
1-8 1 360 576 280 885 794 514 237 275 150 423 5 494 549
9-12 332 260 99 349 361 236 91 101 32 175 2 036 204
13-16 58 8 2 6 7 8 1 2 1 2 95 10
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3. OVERALL NUMBER OF GRIEVANCES HANDLED BY THE PSC UP TO 30 JUNE 2018
As previously reported, investigating grievances of employees and making recommendations to Executive
Authorities (EAs) is central to the mandate of the PSC. During the period April to June 2018, the PSC received
203 cases which were referred by employees and EAs, either because they could not be resolved in
departments or due to delays by departments in dealing with those grievances. Certain procedures and
timeframes have to be followed in referring these grievances to the PSC. For grievances emanating from
employees on salary levels 2-12, the Grievance Rules, 2003 are applicable, whereas for members of the
Senior Management Service (SMS), the SMS Grievance Rules, 2010 are applicable.
In terms of the above-mentioned Grievance Rules, grievances of employees on salary levels 2-12 must be
concluded within 30 days of receipt of relevant information, those of SMS members within 45 days of receipt of
relevant information.
Of the 203 grievances received, 149 were properly referred, whereas 54 were referred outside the provisions
of the Grievance Rules. As at end of June 2018, 50 of the properly referred grievances were concluded and 99
remained pending; and 40 of the grievances referred outside the Grievance Rules were concluded and 14
remained pending.
Table 7: The number of grievances handled by the PSC during the last three quarters of the 2017/18 financial year and the first quarter of 2018/19(Total numbers reflected are cumulative)
Grievances Received
2nd
Quarter (1 Jul -30
Sept 2017)
3rd
Quarter (1 Oct – 31 Dec
2017)
4th
Quarter (01 Jan – 31 Mar 2017/8)
1st Quarter
(1 Apr - 30 Jun)
Total number of grievances received
313 445 654 203
Properly referred grievances
191 254 388 149
Grievances referred outside the provisions of the Grievance Rules
122 191 266 54
As can be seen in Table 7 above, there is a decrease of 451 (67%) grievances handled in the previous quarter,
which was the last quarter of the 2017/18 financial year. It should however be noted that the total from the last
quarter was cumulative from the beginning of the financial year. In comparing the 187 grievances handled in
the first quarter of the 2017/18 financial year with the 203 of the first quarter of the current financial year, it is
observed that there is an increase of 16 (9%).
Of the 203 grievances dealt with in this reporting period, 176 (87%) were for levels 2-12. 77 of the 176
grievances of employees on salary level 2-12 were concluded, and 99 remained pending as at end of June
2018. Of the 77 concluded grievances, 63 (82%) were concluded within 30 days of receipt of relevant
information and 14 (18%) were concluded outside the 30-days timeframe.
27 (13%) of the 203 grievances were for SMS members, of which 13 were concluded and 14 remained
pending. Of the 13 concluded grievances, 12 (92%) were concluded within 45 days of receipt of relevant
information and 1 (8%) was concluded outside the 45-days timeframe.
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Table 8: The number of grievances handled by the PSC during the first quarter of the 2018/19 financial year
Grievances of employees on salary
levels 2-12
1st Quarter
(1 Apr - 30 Jun) Grievances of members of the SMS
1st Quarter
(1 Apr - 30 Jun)
Total number of grievances handled 176 Total number of grievances handled 27
Total number concluded 77 Total number concluded 13
Total number concluded within 30 days
63 (82%) Total number concluded within 45 days 12 (92%)
Total number concluded outside 30 days
14 (18%) Total number concluded outside 45 days 1 (8%)
Concerning grievances referred outside the provisions of the Grievance Rules, the PSC advised aggrieved
employees on the correct procedure to follow in cases on non-compliance; and where the cases do not fall
within the mandate of the PSC such as those of former employees, matters are referred to relevant institutions
like the Public Protector as well as relevant departments, and aggrieved employees were informed accordingly.
Figure 1 shows the location of the 149 properly referred grievances up to 30 June 2018. The information provided in the graph at Figure 1 illustrates that the highest number (61) of these grievances are from national departments, then followed by Limpopo Province with 35 grievances. The Department of Rural Development referred the highest number of cases, viz. 9; Planning, Monitoring and Evaluation second highest at 8 and Justice and Constitutional Development at 7.
Figure 1: Properly referred grievances handled by national and provincial offices
0
20
40
60
80
100
120
140
160149
61
124 9
1
35
3 213 9
As illustrated in Figure 2, of the 149 properly referred grievances for the period ending 30 June 2018, 50 (34%) were concluded and 99 (66%) grievances remained pending. Of the 50 (34%) concluded grievances, 4 (8%) were found to be substantiated, 20 (40%) were unsubstantiated and 3 (6%) were partially unsubstantiated. 23 (46%) grievances were closed after the matters were resolved at departmental level as a result of the intervention of the PSC.
Figure 2: Status of grievances up to 30 June 2018
0
50
100
150
Total numberof grievances
Total numberof cases
concluded
Total numberof casespending
149
50
99
Most of the grievances received relate to unfair treatment (44 (30%)) and performance assessment (41
(28%)), bringing the total number of grievances that fall in these two categories to 85 (57%). Unfair
treatment grievances are grievances mostly influenced by perceptions of ‘unprofessional’ conduct by
supervisors. For example, an employee may feel that his/her supervisor dislikes him/her, thus resulting in
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victimisation, favouritism and inconsistent treatment when compared to other employees.
Figure 3: Nature of properly referred grievances
Salary related grievances include grievances
where employees complain about, inter alia,
deductions made from their salaries, non-
payment of acting allowance and other types
of allowances, salary adjustments, housing
subsidy, etc.
The effective management of grievances
contribute towards, amongst others,
improved relations between employers and
employees, positive morale in the
performance of employees and improved
service delivery. It also minimises litigation
and related costs (where resolved), as well
as time that would have been spent in
litigation proceedings.
To enhance sound labour relations, the PSC makes interventions in departments to assist employees and
managers in understanding the grievance procedure. The PSC also uses the Grievance Management
Communique1 to assist departments and employees in dealing with different types of grievances. In the
financial year 2018/19, the PSC intends to intensify its engagements with departments in order to contribute
towards improving sound labour relations.
4. COMPLAINTS LODGED WITH THE PSC
In terms of Sections 196 (4) (f) (i) of the Constitution, the PSC may either of its own accord or on receipt of any
complaint investigate and evaluate the application of personnel and public administration practices, and to
report to the relevant executing authority and legislature. The investigations conducted may emanate from the
PSC itself, Legislature, Executive authorities, Public servants and whistle-blowers through e.g the National
Anti-corruption Hotline (NACH). The whistle-blowers are protected in terms of Section 8 (1) of the Protected
Disclosure Amendment Act no. 5 of 2017, which provides that employees or workers may report allegations of
corruption and maladministration to the PSC.
4.1 Complaints lodged through the National Anti-Corruption Hotline (NACH)
The PSC manages the National Anti-Corruption Hotline on behalf of government as was mandated by Cabinet
in 2002. The PSC received a total of one hundred and eighty six (186) complaints of alleged corruption during
the first quarter of 2018/2019. These complaints were reported through the NACH and were referred for
investigation.
Table 9 provides a breakdown of complaints received by the PSC through the NACH from 01 April 2018 to 30
June 2018. A total of 186 complaints were reported through the NACH and referred to departments during the
first quarter. Majority of complaints (121) relates to social grants fraud and were referred to the South African
1 A newsletter issued bi-annually.
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Social Security Agency (SASSA). The second highest number of complaints (37) reported through the NACH
were linked to national departments. Of these, 21 were investigated through early resolution and full scale
investigation by the PSC whilst 16 cases were referred to respective national departments for further
investigation. The complaints investigated by the PSC include matters relating to appointments and
procurement irregularities. A total of 28 complaints related to officials in the provinces. Table 9: Cases reported through the NACH during 2018/2019 financial year and referred for investigation
First quarter
Referred to April May Jun
Eastern Cape 0 2 1
Free State 1 0 0
Gauteng 0 2 1
KZN 1 0 0
Limpopo 1 2 5
Mpumalanga 2 1 0
North West 2 0 2
Northern Cape 0 0 0
Western Cape 2 2 1
SASSA 43 46 32
National Departments 12 15 10
TOTAL 64 70 52
GRAND TOTAL
Table 10 below provides a breakdown of cases of alleged corruption reported through the NACH in respect of
national departments. A total of 37 complaints were reported for national departments in the 2018/2019
financial year. Of the 37 complaints, the PSC referred 16 cases to the departments for investigation and 21
were investigated by the PSC as indicated in table 7.
Table 10: Cases of alleged corruption reported to the NACH against the national departments in Quarter 1 (2018/2019 financial year)
NAME OF DEPARTMENT CASES REFERRED
FEEDBACK RECEIVED
CASES CLOSED OUTSTANDING CASES
Correctional Services 1 0 0 1
Environmental Affairs 1 0 0 1
Home Affairs 11 0 0 11
Labour 1 0 0 1
Cases investigated by PSC: ER 12 2 2 10
Cases investigated by PSC: PAI 9 1 1 8
South African Police Service 2 0 0 2
Total 37 3 3 34
FINALISED AND CLOSED CASES
Table 11 below provides a breakdown of cases referred and closed by the PSC. For period 01 April 2018 to 30
June 2018, 3 complaints of alleged corruption relating to provincial and national departments were closed by
the PSC. In addition to these, the PSC also closed 6 cases for the previous financial years. In terms of Public
Entities, the PSC closed 121 SASSA complaints relating to fraud and abuse of SASSA grants. Therefore, in
total the PSC closed 124 complaints reported through the NACH in respect of the 2018/2019 financial year.
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Table 11: Closure of cases by the PSC in the first quarter of 2018/2019 financial year
No Provinces Cases Referred on first quarter Closed cases on First quarter
1 Eastern Cape 3 0
2 Free State 1 0
3 Gauteng 3 0
4 KwaZulu-Natal 1 0
5 Limpopo 8 0
6 Mpumalanga 3 0
7 North West 4 0
8 Northern Cape 0 0
9 Western Cape 2 0
11 National 37 3
12 Public Entity 121 121
13 Total 186 124
NB: It needs to be mentioned that the PSC also closed 6 cases through the CGP which were reported in the previous financial years. Furthermore, the 121 of public entity does not necessarily mean that the investigations are finalised. 4.2 Complaints lodged through methods other than the NACH
The complaints lodged through methods other than the NACH emanating from the Legislature, Executive
Authorities, Public Servants and members of the Public, are lodged through the PSC by means of completing a
prescribed form for lodging a complaint, addressing a letter or statement to the PSC in person (walk-in). The
own accord investigations undertaken are identified through an analysis of the trends of the complaints
handled previously and through media reports.
Following complaints lodged with the PSC, the PSC undertook own accord investigations as follows:
Table 12: Own accord investigations undertaken by the PSC
Financial Year Department
2015/16 An investigation and evaluation of salaries on appointment and counter offers in the
National Departments of Transport and Labour.
2016/17 An investigation and evaluation of salaries on appointment and counter offers in the
National Departments of Health and Human Settlements.
2017/18 An investigation and evaluation of the awarding of higher salaries in the National
Departments of Basic Education and Home Affairs.
2018/19 Procurement of Office accommodation by the Department of Public Works.
Appointment of CEO’s in the Department of Health.
Complaints received
During the first quarter, 127 complaints were lodged with the PSC. Of the 127 complaints lodged, 15 (12%)
were finalized and 112 (88%) were still pending.
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Figure 4: Progress on complaints received
The table below provides location of the 127 complaints handled by the PSC up to 30 June 2018, per National
and Provincial level.
Table 13: Location of the 127 complaints
Complaints received Complaints finalised Complaints in progress
National 47 3 44
Eastern Cape 21 2 19
Free State 8 1 7
Gauteng 10 3 7
KwaZulu-Natal 6 1 5
Limpopo 10 2 8
Mpumalanga 6 1 5
North West 9 0 9
Northern Cape 7 1 6
Western Cape 3 1 2
TOTAL 127 15 112
An overview of the complaints handled by the PSC during Quarters 2, 3 and 4 of the 2017/18 financial year and the first quarter of the 2018/19 financial year is provided below: Table 14: Overview of complaints finalised by the PSC:
Financial Year / Quarter
Complaints Received
Complaints Finalized
Complaints Pending
% of complaints finalized VS
complaints received
2017/18 - Quarter 2 179 109 70 61%
2017/18 - Quarter 3 223 163 60 73%
2017/18 - Quarter 4 306 211 95 69%
2018/19 - Quarter 1 127 15 112 12%
From the above it is evident that the complaints finalised in the first quarter of the 2018/2019 financial year
when compared to the quarters in the previous financial year is a meagre 12 %. All endeavours are being
made to ensure that there is an improvement in the rate at which complaints are finalised by the PSC.
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Nature of cases
The complaints referred to in table 14 above, relate to adherence to applicable personnel and public
administration practices as well as procedures in the public service such as recruitment, appointment, transfer,
discharge and other aspects of the careers of employees in the public service.
“Applicable procedures” forms an integral part of
personnel and public administration practices and to
some extent there is an overlap. For purposes of this
exercise the nature of cases of complaints handled by
the PSC has been broken down into two categories, that
is, personnel practices and public administration
practices. The breakdown of the nature of the 127
complaints handled by the PSC during the period up to
30 June 2018 indicates that 77 complaints (61%) relate
to personnel practices (for example, irregular
appointments, transfers, qualifications and compensation
related allegations), and the remaining 50 complaints
(39%) relate to public administration practices (for
example, procurement irregularities and poor service
delivery). This breakdown is graphically illustrated as
follows:
Figure 5: Breakdown of the nature of cases
received:
Emanating from the investigations conducted by the PSC and in instances where the allegations are
substantiated, recommendations and/or directions were issued by the PSC to the Minster/Member of the
Executive Council, aimed at improving personnel and public administration practices in the Public Service.
5. MANAGEMENT OF THE FINANCIAL DISCLOSURE FRAMEWORK
The financial disclosures for the 2017/2018 financial year were submitted to the PSC in terms of the PSR of
2016. The PSC is required to scrutinise these financial disclosure forms in terms of Regulation 21(1) of the
PSR, 2016. In terms of this Regulation, the PSC must assess compliance with the requirement to disclose all
financial interests and also to establish whether the involvement of SMS members in any activities of the
companies could lead to conflicts of interest.
The Public Service Commission Rules on Conducting Investigations, gazetted on 20 January 2017, provide for, amongst others, the following definitions:
“applicable procedures” means all procedures issued in
terms of legislation and all sub-ordinate legislation that
regulates public administration and personnel practices
in the Public Service.
“personnel practices” means all those functions and
activities executed to provide a service to employees
such as recruitment, appointment, transfer and other
career management objectives aimed at enhancing the
well-being and effectiveness of the employees.
“public administration practices” means all those
functions and activities executed by departments to
provide effective and efficient services to any person,
e.g. financial management, personnel provisioning and
administration, supply chain management processes,
service delivery, application of policies and procedures
to attain proficiency.
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Upon receipt of the financial disclosure forms, the PSC produced a “Fact Sheet on the Financial Disclosure
Framework” (Fact Sheet). This Fact Sheet is a statistical analysis of the extent of compliance with the
requirement to submit the financial disclosure forms by the respective due dates. The state of compliance with
the requirements to submit the financial disclosure forms by both national and provincial departments in
respect of the 2017/2018 financial year is shown in Table 14 below.
Table 14: Submission of financial disclosure forms by national and provincial departments for the 2017/2018 financial year as at
31 May 2018
NO. OF SMS MEMBERS
NO. OF SMS MEMBERS WHO DISCLOSED FINANCIAL INTERESTS BETWEEN 01 -30 APRIL 2018
NO. OF SMS MEMBERS WHO DISCLOSED FINANCIAL INTERESTS BETWEEN 01 -31 MAY 2018
NO OF FORMS SUBMITTED TO THE PSC BY THE DUE DATE 31 MAY 2018
NO OF FORMS OUTSTANDING TO THE PSC BY THE DUE DATE 31 MAY 2018
NO OF SMS MEMBERS WHO DID NOT DISCLOSE THEIR FINANCIAL INTERESTS
PERCENTAGE OF FORMS RECEIVED BY THE PSC BY THE DUE DATE OF 31 MAY 2018
National Departments
5993 5734 193 5567 367 59 93%
Eastern Cape 667 657 10 655 12 0 98%
Free State 373 373 0 372 1 0 99.7%
Gauteng 805 805 0 805 0 0 100%
KwaZulu-Natal 598 597 1 596 2 0 99.6%
Limpopo 499 493 6 418 80 1 84%
Mpumalanga 306 278 28 306 0 0 100%
Northern Cape 255 255 0 255 0 0 100%
North West 347 341 6 345 2 0 99%
Western Cape 399 394 3 394 5 1 99%
PROVINCIAL TOTAL
4249 4194 53 4146 102 1 98%
GRAND TOTAL 10242 9928 246 9713 469 60 95%
Table 14 above shows that out of 10242 SMS members in national and provincial departments, a total of 9713
financial disclosure forms were submitted to the PSC by the due date of 31 May 2018. The national departments
submitted 5567 (93%) of the forms through eDisclosure, and 13 were submitted manually. The total number of
forms that were expected from national departments was 5993. However, a total of 59 SMS members did not
disclose their financial interests as required in terms of Regulation 18 of the PSR, 2016. All 4146 financial
disclosure forms received from provincial departments were submitted through the eDisclosure system by the due
date of 31 May 2018. The Table further shows that only three (3) Provinces achieved the required 100%
submission rate by the due date.
There has been a regression in the submission of financial disclosure forms during the 2017/2018 financial year,
as compared to the previous financial year (2016/2017). A comparison of the submission rate by national and
provincial departments as at the due date in respect of the past five (5) financial years is shown in Figure 6 below.
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0%
20%
40%
60%
80%
100%
2013/2014 2014/2015 2015/2016 2016/2017 2017/2018
85% 82%98% 99% 95%
Figure 6: Overall percentage of the submission of financial disclosure forms by national and provincial departments as at the
due date of 31 May between 2013/2014 and 2017/2018 financial years
Figure 6 above shows that the overall submission rate as at the due date of 31 May 2018 in both the national and
provincial departments was 95% in the current reporting period (2017/2018 financial year). This is a decrease of
4% during the year under review as compared to 99% that was recorded during the 2016/2017 financial year. The
figure also reflects an inconsistent performance over the years in terms of the submission of financial disclosure
forms. For example the submission rate had dropped by 3% to 82% during the 2014/2015 financial year, as
compared to 85% that was recorded during the 2013/2014 financial year.
The PSC has commenced with the verification process of information as disclosed by SMS members in their
financial disclosure forms. It is currently uploading third party data that will assist with verification on the
eDisclosure system. The verification process is expected to conclude by November 2018. The outcomes of the
verification process will only be available in February 2019. The outcome will not only assist the PSC in managing
conflicts of interest in the Public Service, but it will also assist the PSC to contribute to the possible lifestyle audit
where red flags are raised.
Over and above the verification process of the financial disclosure forms that were received in respect of the
2017/2018 financial year, the PSC is also considering the responses received from the EAs regarding actions
taken against SMS members who contravened the Financial Disclosure Framework in the past financial year
(2016/2017). As at the 31 March 2018, only a few EAs (19) had complied with the provisions of Regulation
21(1)(e) of the PSR, 2016, by providing the PSC with feedback on actions taken emanating from the findings of
the scrutiny that was conducted by the PSC on the financial disclosure forms. Currently this figure has
increased to 64 who have provided feedback (i.e.55 from provinces and 9 from national departments). It should
be noted that feedback was expected from 152 EAs responsible for 161 national and provincial departments.
An update on the actions taken by EAs as at 31 July 2018 is reflected in Table 16 below.
Table 15: Compliance rate by the EAs with the recommendations of the PSC
ACTIONS TAKEN BY EXECUTIVE AUTHORITIES IN RESPECT OF THE 2016/2017 FINANCIAL
YEAR
Total
number of
EAs
No. of EAs who
provided
feedback on
actions taken
No. of SMS
members with
whom the EAs
were satisfied
with their
responses
No. of SMS
members
sensitised to
disclose all
registrable
interests
No. of SMS
members against
whom
disciplinary
actions were
taken
National 38 9 226 166 25
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Departments
Eastern Cape 13 0 0 0 0
Free State 12 7 17 0 0
Gauteng 14 10 90 42 77
Kwa-Zulu Natal 14 9 78 0 1
Limpopo 12 0 0 0 0
Mpumalanga 12 12 111 53 24
Northern Cape 12 1 5 5 0
North West 12 3 25 19 0
Western Cape 13 13 120 0 0
Total Prov. 114 55 446 119 102
Grand Total 152 64 672 285 127
Table 15 above shows that 64 (42%) of the 152 EAs provided feedback on actions taken in terms of
Regulation 21(1)(e) by 31 July 2018. Only nine (9) of the EAs were from the national departments and 55 were
from provincial departments. The Table further shows that 672 SMS members provided satisfactory
explanations to the EAs in relation to the disclosure of their financial interests. The EAs sensitised 285 SMS
members to ensure full disclosure of their registrable interests. Disciplinary actions were also taken against
127 SMS members. The disciplinary actions were taken for failure to disclose all registrable interests without
just cause. The disciplinary actions taken by the EAs were in a form of verbal and written warnings.