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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.