the single public service: an overview2002 stellenbosch national conference resolutions on...

THE SINGLE PUBLIC SERVICE: THE SINGLE PUBLIC SERVICE: AN OVERVIEWAN OVERVIEW

MEETING OF THE STEERING COMMITTEES ON HUMAN MEETING OF THE STEERING COMMITTEES ON HUMAN RESOURCE MANAGEMENT AND DEVELOPMENT WITH RESOURCE MANAGEMENT AND DEVELOPMENT WITH

NATIONAL DEPARTMENTS AND PROVINCIAL NATIONAL DEPARTMENTS AND PROVINCIAL ADMINISTRATIONSADMINISTRATIONS

WEDNESDAY, 23 JANUARY 2008, PRETORIAWEDNESDAY, 23 JANUARY 2008, PRETORIA

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Outline of PresentationOutline of Presentation

Introductory remarks including July Cabinet Lekgotla decision & Time frame regarding draft Bill

Key Milestone Events & Rationale for Single Public Service (SPS)

Objectives & Building Blocks of SPS

Key provisions of draft Bill

Consultation on draft Bill

Envisaged time frames for draft Bill

Concluding remarks

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Introductory RemarksIntroductory Remarks

Road map for Single Public Service BillJuly Cabinet Lekgotla decided that-

consultation on draft Bill to proceedcommunication to be intensified

Nedlac process – by March 2008Cabinet’s approval for introduction in Parliament – April 2008Introduction in Parliament – May 2008Envisaged date of adoption by Parliament – possibly Nov 2008

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Key Milestone Events Informing Key Milestone Events Informing Move Toward a Single PublicMove Toward a Single Public

Service Service 1999 Election Manifesto: National & Prov Elections2000 Election Manifesto: Local Gov Elections2002 Stellenbosch National Conference Resolutions

On Transformation of State & Governance, creation of SPS & accelerating service delivery through Batho PeleThat move toward a SPS should not be seen as administrative process & should incorporate move towards integrated service delivery including single access points of services for citizensThat comprehensive discussion to be undertaken with all stakeholders to facilitate development & implementation of proposals for a SPS

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Nov 2007 ANC National Conference Nov 2007 ANC National Conference ResolutionsResolutions

…….resolves that:The African National Congress continue to lead and drive the process of the unification of the administration in the three spheres of government in a Single Public Service;A structure be established within the Legislature and Governance Committee to support the implementation of the Single Public Service by facilitating engagements within Alliance structures and Parliament; and The envisaged structure monitor the implementation of the Single Public Service.

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The ExecutiveThe Executive’’s Responses Response……

2002: Comparative study on conditions of service showed huge discrepancies2003: SONA & Cabinet Lekgotla decisionsMay 2006: SPS legislative approach endorsed by CabinetFeb 2007: President’s SONA (reaffirming government’s commitment to achieving SPS)April 2007: SALGA resolution to continue to support & participate in SPS initiativeJuly 2007: Cabinet Lekgotla (mandate to consult on proposals in draft legislation)

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Rationale for Single PublicRationale for Single PublicServiceService

Maturing State - move to next level?As State’s experience in government matures, increased clarity on role & purpose of various elements of government & better understanding of interplay between various spheres, systems, laws, role players, stakeholdersIncreased determination to continue to modernise state institutions & focus on strengthening the public administration apparatusNeed better coordination & integration as fragmented, silo-based delivery of services causes duplication & wastageNeed for greater convenience to people especially those in under-serviced rural areasNeed to maximise resources through deployment of officials where most needed

Challenge: provide kind of government to best support State in achieving its developmental goals

Halve unemployment & poverty by 2014Address range of constraints incl skills, 2nd economy, public admin & economic matters

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Rationale for Single PublicRationale for Single PublicService (CitizenService (Citizen’’s Perspective)s Perspective)

State constitutionally bound to ensure high quality services to people at their convenience

State to find most effective methods & channels to deliver services within system of governmentNeed decisive break-out from old fashioned ‘single department, single service, single service point’ model of service delivery toward dynamic, agile, modern delivery model & system that cluster services to convenience of people through ‘single window’State should have prerogative to optimally utilise resources in most effective & efficient manner

To achieve socio-economic outcomes, State heavily reliant on strength & capability of system of government in place to successfully implement range of programs designed to respond to developmental challenges

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Rationale for Single PublicRationale for Single PublicService Service –– Gap AnalysisGap Analysis

Current delivery initiatives are hampered by weaknesses in numerous areas:

Continued ‘silo’ approach in delivery of services resulting in poor integration of delivery efforts across government (fragmentation, deptsdelivering only their own services)Lack of integration & poor coordination between departments & between spheresCapacity constraints especially at service delivery institutions & local govInconvenience for citizens having to travel far & to many service delivery pointsResearch is indicating that gov institutions are not citizen-friendly & that Batho Pele principles are far from being implementedMarked differences in remuneration & conditions of service in public service & local government which makes mobility & transfer of functions difficultNational policy frameworks that do not extend to Local Government eg Batho Pele White PaperSenior Management Service was established to recognize & enhancerole of managers & professionals in performing functions in public service (does not apply to Local Government)

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Objectives for Single PublicObjectives for Single PublicServiceService

Strategic alignment & harmonization of institutions within SPSCreate strong centre of govt that is in position to hold service delivery vehicles together & to provide support, guidance & advice where neededCreate seamless & integrated service delivery through single window approach

convenience to citizensintegrated service delivery platforms & front offices (Thusong Service Centres – single face of government)

Creating shared vision & common culture of service delivery across all spheresSystematically share knowledge, expertise, resources & best practices to preclude weak linksStability & improved intergovernmental relations

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Objectives of Single PublicObjectives of Single PublicServiceService

Optimal utilization of limited resources underpinned by creating govt institutions that are accessible, efficient, representative, accountable, sustainable & responsive to service delivery needsFramework for ease of mobility within the spheres of govtClearly defined employment practices for all employees including remuneration & conditions of service that covers all employeesClearly defined employee relations framework & mandating arrangementsAligned training & capacity development to ensure transfer of knowledge & skills across spheresInteroperability of ICT transversal systems, financial & human resource systemsMaximization of economies of scale in ICT goods & service & Elimination of duplication of costly efforts in ICT

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Building Blocks for Single Public Building Blocks for Single Public ServiceService

Single Public Service programme seeks to address challenges through five work streams:

Service DeliveryAccess initiatives for seamless service delivery, e.g. Batho Pele Portal, Thusong Service Centres, Citizens Relations PortalCulture of service delivery, e.g. infusing Batho Pele in three spheres; setting of service standards

ICT enablemente-Government strategic framework to guide institutions in co-ordinating their ICT initiatives to advance, enhance & enable delivery of services via ICT

Human Resource Management & DevelopmentHarmonisation & 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

Anti-corruptionDevelopment of public sector Anti-Corruption Strategy, review of anti-corruption capacity across government & evaluation of existing frameworks

Framework Legislation for SPS

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Key provisions of BillKey provisions of Bill

In many areas either framework or enabling provisionsScope – national & provincial departments, municipalities & government components

Excludes public & municipal entities (cl 2)Object of Bill (cl 3, long title & preamble)

To provide for administration in all 3 spheres of government to be organised & to function in ways that ensure efficient, quality, collaborative & accountable service delivery to promote social & economic development

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Ancillary objects of Bill includesOrganising institutions, systems & staff to best serve service deliveryUsing ICT as key mechanism to improve internal efficiency & service deliveryCreating culture of service deliveryEstablishing frameworks for employment practices (cl 3)

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Emphasize service delivery aspects via provision for

service centers at every municipality to provide multiple services from across spheresservice plans (to set standards) (cl 4 & 5)

MPSA to approve norms & standards on range of public administration matters (mainly in form of regulations) but must

consider nature & functions of different institutionsconsult with MPLG & LG Minmecorganised local government on conditions of service

(cls 6 & 7)

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Vesting of HR powers (cls 9, 10, 18, 19 & 23)Political head appoints 1st two levelsAdministrative head appoints rest of staff & determine structure & post establishment

Collective bargaining (cl 25)Scope of PSCBC to be extended to include local governmentSALGBC proposed to become 5th sectoral bargaining council of PSCBCBefore negotiating in bargaining council, institution representing employer to obtain mandate from committee of Ministers designated by national Cabinet

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Transfer & secondments across spheres (cl 27)– With employee’s consent– Without employee’s consent, if after considering employee’s

representations, still in public interest– Authority to transfer/second vests in

• Relevant employers• MPSA, after consulting relevant EAs• If to & from municipality, only with concurrence of municipality

Provision for continued employment for persons employed from other organs of state (cl 27)

Cooling off period iro staff involved in procurement– Employee may not do remunerative work for successful service

provider for 12 month period– Sanction – criminal offence – employee & service provider and

possible forfeiting of benefits derived (cl 33)

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Other employment mattersOther employment matters

Employees who move to other institutions with misconduct allegations/disciplinary cases may be followed to new institution (cl 34(5)Prohibition on re-employment in public service for prescribed period if dismissed for certain kinds of misconduct (cl 35(4))Simplified provision for retention of employees who have reached age of 65 (cl 36)Create single Senior Management Service (SMS) - heads of all institutions & prescribed employees

MPSA to determine conditions of service specific to SMS (cls 37-38)

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Compliance provisionsCompliance provisions

Political authorities & heads of institutions are compelled to discipline transgressing heads & other employees, respectivelyMPSA may report transgressing executive authorities to Cabinet/relevant executive councilTransgressions & steps taken must be reported to MPSA who is to report at least annually to relevant legislatures (cl 39)

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Repeal/amendments ofRepeal/amendments ofother laws & Commencementother laws & Commencement

Actual required/desired repeals & amendments to be included in Schedule to Bill before GazettingLegislation to be considered, includes

Public Service Act – repeal as a wholeMunicipal Structures & Systems Acts – repeal/amend those provisions iro matters dealt with in BillLabour Relations Act iro def of “public service” & collective bargaining arrangementsPublic Service Commission Act – giving effect to PSC’s directions ito s196(4)(d) of Constitution & provide for employees’ grievancesConstitution: Extending scope of Public Service Commission to

municipalities?Commencement of Bill: Provisions may be take effect on differentdates – also for different categories of employees or institutions

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Consultation on draft Bill Consultation on draft Bill ––approachapproach

Stakeholder Liaison & Communication Strategy, with activity plan compiled to ensure thorough consultation before tabling in Parliament

Strategy identifies partners, stakeholders & actors

Partners – political & administrative heads of institutions within government, including organised local government

Stakeholder - any person or group directly affected by draft Bill

Actors - players within SPS discussions, but not directly affected, e.g. experts in fields of management & development - domestic & international

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LabourWorkshops & meetingsNedlac

Local government - all municipalities through SALGA workshops

Provincial government - through provincial IGR Structures & LG Minmec

National & provincial departments – national & provincial workshops

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Public Service Commission - workshopCommunities – e.g. through Nedlac, CDW Programme, CBOsTraditional LeadersRound table with expertsPublication in Gazette as required by Constitution (s154(2))Nedlac – consultation in Labour Market Chamber

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Emerging IssuesEmerging Issues

SALGA should develop norms & standards for municipalities & MPSA only to approveSALGA should be consulted on all matters affecting municipalities & not only iro conditions of serviceForum for consultation on norms & standards iromunicipal matters – is LG Minmec appropriate?

Also nature of consultation required?Consider Public Administration Minmec

Deployment of staff without their consentWhat is meaning of a transfer “in the public interest”?Consider provision for incentives for transfers to remote/rural areas

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Municipality should remain “the employer”Bargaining arrangements for municipalities

Should SALGBC not remain outside PSCBC?Making SALGBC sectoral council of PSCBC may create anomaly because certain categories of employees should fall under existing sectoral councilsShould committee of Ministers not include SALGA representationCooling off clause for staff involved in procurement –some say it is unfair or too wide in some respects (e.g. accounting officers who are involved in final decision in many instances), while others say it is too narrow

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Does the Constitution permit a single public service?Is route of legislation necessary to accomplish objectives of SPS?Initially identified “ill” we wanted to cure was capacity (staff mobility), but Bill deals with structures as well. Should it not deal with powers & functions as well?Alignment with DPLG’s policy review on provinces & local government?How will conditions of services of municipal employees be funded?What will cost implications iro employees’ conditions of services be?

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Challenges Going ForwardChallenges Going Forward

Continue changing the culture of public servants (achieve developmental objectives)Breaking down institutional turf (single window, results)Strengthening management through more rigorous recruitment, professionalism, discipline and commitment to serveAppropriate deployment: getting the right staffing levels at the right places and moving away from top-heavy management deploymentMoving away from top down management to matrix managementCreating incentives, rewards, recognition and support structures to improve productivity

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Concluding RemarksConcluding Remarks

Numerous initiatives are underway to create citizen-centric service delivery & to inculcate culture of serviceSuch initiatives will all contribute to

Creating shared vision & common culture of service delivery across all three spheres of government & bringing services closer to citizensDeepening of integrated service delivery through collaboration of multiple institutions in creating “single window” of access

Broad goal of establishing SPS is ultimately about improving service delivery to the peopleIntegrated public service with harmonious systems, conditions of service & norms will reduce fragmentation & promote more efficient coordination between 3 spheres of government, facilitating seamless service deliveryMobility of staff between spheres thereby facilitating optimal deployment of skills & allocation of functions

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THANK YOU!

Together beating the drum for service delivery

because WE BELONG, WE CARE, WE SERVE

to make A BETTER LIFE FOR ALL…….

the single public service: an overview2002 stellenbosch national conference resolutions on...

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