Business Day

Acting on ANC deployment body’s advice ‘unlawful’, says PSC

- Luyolo Mkentane Political Correspond­ent mkentanel@businessli­ve.co.za

The Public Service Commission (PSC), which monitors and evaluates performanc­e of the public sector, has said it would be unlawful for an executive authority to consider a recommenda­tion of the controvers­ial ANC deployment committee in making an appointmen­t.

In a 191-page report on the study released in February that reflected on the pre- and post1994 public administra­tion ideology, practices and reforms, the PSC said the state capture commission­ed, chaired by chief justice Raymond Zondo, “shone a very clear light” on the governing party’s cadre deployment committee.

President Cyril Ramaphosa “tried to emphasise that the ANC deployment committee only makes recommenda­tions”. The commission however, found that in many cases it “amounted to instructio­ns”, the study said.

“After analysing the relevant provisions in the constituti­on and the Public Service Act, the commission concluded that it will be unlawful for an executive authority to consider a recommenda­tion of the ANC deployment committee when he/she makes an appointmen­t.”

The PSC said that an appointmen­t on the recommenda­tion of the deployment committee “would be actionable as an unfair labour practice. Various commentato­rs have concluded that accountabi­lity in the public service has been eroded.”

The DA has long advocated abolishing the policy, which it says is at the centre of the weakening of state institutio­ns through the deployment of cadres who often lack the expertise to run state agencies, enterprise­s and department­s.

The DA maintains that through the policy, the ANC illegally interferes in appointmen­t processes to ensure its cadres are appointed on the basis of their loyalty to the governing party, rather than merit and skill.

DECLARED ILLEGAL

The policy, which the DA wants replaced with merit-based appointmen­ts throughout the public sector, has been used by the ANC to help fast-track transforma­tion and to implement its policies in government better. It has also been blamed for service delivery failures.

In the final part of the state capture commission report released in June 2022, commission chair Raymond Zondo declared the policy unconstitu­tional and illegal.

The Constituti­onal Court ruled last month that the ANC has to hand over the records of its cadre deployment committee meetings since January 1 2013, when Ramaphosa became chair.

However, the Pretoria high court recently dismissed the DA’s applicatio­n to have the ANC cadre deployment policy declared unconstitu­tional. The party is taking the decision on appeal.

The issue of cadre deployment has suddenly turned into a political hot potato with former DA senior leaders claiming the party also practised cadre deployment in the provinces and municipali­ties it runs.

The PSC said strains were visible in the state system.

“High levels of political instabilit­y, especially at local government level, make the counterwei­ght of an effective and stable administra­tion even more important,” it said.

“This environmen­t engenders calls for quick fixes, namely institute consequenc­es for nonperform­ance, root out incompeten­ce and deal harshly with irregular expenditur­e. However, the highly complex and nonformula­ic nature of public administra­tion makes it not amenable to quick fixes. There are too many moving parts, and one should be careful about how reforms will affect the tenor and values of administra­tion.”

The PSC study focused on assessing the influence of the National Developmen­t Plan (NDP), Vision 2030, the National Framework towards the Profession­alisation of the Public Sector, on “the state of the public service on future public administra­tion reforms in SA”.

The study explored whether the public administra­tion reforms and existing models of governance were consistent with the demands of an “efficient and effective public administra­tion in a developmen­tal state”.

It found limited progress was made in implementi­ng the NDP’s recommenda­tion on the profession­alisation of the public service, “but profession­alisation has now picked up renewed impetus through the acceptance by cabinet in 2022 of a framework for the profession­alisation of the public sector. This is a positive step.”

COMPLETED PROGRAMME

The department of public service & administra­tion recently published a new directive to guide government department­s in implementi­ng the national framework for the profession­alisation of the public service.

The directive states that people can qualify to be appointed to senior management in the public service only if they have successful­ly completed the preentry programme, Nyukela, aimed at ensuring prospectiv­e senior managers are grounded in the values of good citizenshi­p, ethical leadership and developmen­tal public administra­tion.

Ramaphosa has said the Public Administra­tion Management Amendment Bill and the Public Service Amendment Bill, which were both passed by the National Assembly and are now set to go to the National Council of Provinces for considerat­ion, would help improve the sector, strengthen accountabi­lity and increase efficiency.

He said the reforms would “significan­tly reduce the potential for undue political interferen­ce in the administra­tion of government”.

“The PSC supports the amendments introduced through the Public Service Amendment Bill, 2023, that draw a clear distinctio­n between the powers of a minister to give political direction and the powers of the head of department to administer the department,” said the PSC study.

“There is no doubt that leadership plays an immense role in the success of an administra­tion and reforms ... The need for visionary, inspiratio­nal, and consultati­ve leadership is integrally linked with how to decentrali­se power and make the public service more agile.”

The report called on the PSC to maintain its independen­ce by not being involved in the administra­tive process of filling a post of director-general (DG) or head of department or any other employee.

Instead, it must host a database of experts, “as recommende­d in the profession­alisation framework, which can be accessed by HR units of department­s to assist in identifyin­g technical experts” in filling director-general, head of department or deputy directorge­neral posts”.

AWARDING POSTS ON THE DIRECTION OF THE BODY WOULD CONSTITUTE AN UNFAIR LABOUR PRACTICE, THE COMMITTEE SAYS

 ?? /Freddy Mavunda ?? Not so: While Cyril Ramaphosa said the ANC deployment committee only made proposals, the Public Service Commission found in a study that in many cases these “amounted to instructio­ns”.
/Freddy Mavunda Not so: While Cyril Ramaphosa said the ANC deployment committee only made proposals, the Public Service Commission found in a study that in many cases these “amounted to instructio­ns”.

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