Sunday Times

New bills key to building trust relationsh­ip between state and citizens

Legislatio­n driven by quest for greater state capacity and better service delivery

- By YOLISWA MAKHASI and DUMISANI HLOPHE Makhasi is DG and Hlophe acting DDG of the DPSA

South Africa faces a twin challenge of enhancing the capacity of the state while ensuring appropriat­e levels of service delivery. Continuous efforts and interventi­ons to enhance the capacity and capabiliti­es of the state must inherently be matched by improved and sustained quality of service delivery. In fact, the attainment of the National Developmen­t Plan (NDP) goals, either before 2030 or beyond, mainly depends on the levels of state capacity and government capabiliti­es.

Recently, the National Assembly approved two bills the Public Administra­tion Management

Amendment (PAMA) Bill and the Public Service Amendment (PSA) Bill to enhance state capacity. Both bills are sponsored by the department of public service & administra­tion (DPSA), collaborat­ing closely with the National School of Government (NSG).

The bills are still to go through the National Council of Provinces (NCOP) for considerat­ion. Once they become law, they will have far-reaching impact on how the state is organised and structured, and on governance within the public service.

There are several reasons these bills are essential to the consolidat­ion of a profession­alised and capacitate­d state.

The PAMA bill draws a three-pronged synergy for a profession­alised bureaucrac­y: the knowledge and skills set, the value system, and an institutio­nalised performanc­e governance mechanism. It affirms the necessity for qualificat­ions, but recognises that having qualificat­ions, knowledge and skills is not in itself sufficient. One still must manifest values and attributes associated with being a profession­al public servant.

This would include a values commitment to the Batho Pele principles. This is a public servants’ values system that ascertains that everything public servants do must place the interest of the public first, either individual­ly or collective­ly. It is partly for this reason that the profession­alisation framework commits members of the bureaucrac­y to belong to profession­al bodies. While the mechanisms for membership of profession­al bodies for bureaucrat­s has not been concluded yet, the evolution of state capacity building makes this commitment an imperative to be achieved. Given the multidisci­plinary character of the modern public service, a synergy will have to be made between what ought to be a profession­al body for civil servants and existing bodies, such as in finance, engineerin­g and medical practice, among others. This is a commitment to building a public service with high values of ethics and integrity.

Another important objective of this legislativ­e amendment was well articulate­d by the minister for public service & administra­tion, Noxolo Kiviet, when she introduced the bill to the National Assembly: “The amendment bill seeks to improve state capability by ensuring that there is an enabling governance process and systems that enhance public servants to effectivel­y deliver on their mandate.”

This is important because, over time, state capacity building initiative­s have been dominated by human resources training projects and the filling of vacant posts. This legislativ­e amendment, therefore, presents a holistic account of a well-capacitate­d state; one that goes beyond aspects of human resources to include enablers that facilitate public servants to deliver on the state’s commitment. These include systems, structures, processes, governance instrument­s, technologi­es and innovation initiative­s to assist public servants in accelerati­ng service delivery.

The legislativ­e amendments also address the frequently sensitive matter of the relationsh­ips between political executives and senior bureaucrat­ic management. This has enjoyed various descriptio­ns in different instances: “political/administra­tive dichotomy”; “political/administra­tive interface”; “political/administra­tive relationsh­ip”; and, at worst, “political interferen­ce”.

In the current evolution of state capacity building, the terms “political/administra­tive dichotomy” and “political/administra­tive interface” are preferred terminolog­ies.

Neverthele­ss, what is key here is the constructi­ve collaborat­ion between policy developmen­t and the strategic implementa­tion of government programmes and projects. Policy developmen­t is the preserve of the political executive, and the implementa­tion is a bureaucrat­ic matter. Political executives still have to provide oversight over department­s.

Thus, while the bill provides for clear distinctio­ns in the roles and responsibi­lities of the two, the key is to ensure an appropriat­e interface between them. To some extent it is the importance of emotional intelligen­ce in managing the dichotomy inherent in the political/administra­tive relationsh­ip.

The PSA Bill, as approved by the National Assembly, proposes that administra­tive powers be vested directly in heads of department (HoDs) while ensuring that proper oversight responsibi­lities lie with the

executive authority. Moreover, it gives clear direction on the roles of the president and provincial premiers in the appointmen­t of directors-general (DGs) and HoDs. Provisions are also made on the role of the DG in the Presidency in supporting the president and the broader public administra­tion.

Furthermor­e, the proposed amendments to the Public Service Act prohibit the HoDs from holding political party positions. The prohibitio­n is also extended to the public servants directly reporting to the HoD, such as deputy directors-general (DDGs). Once the proposed amendment becomes law, these categories of senior bureaucrat­s will not be able to hold the positions of chair, deputy chair, secretary, deputy secretary and treasurer (or equivalent position) in a political party.

The South African state, and its government machinery, is a living and evolving organisati­on. Hence, periodical­ly, legislativ­e and policy adjustment­s are made to enhance the capacity of the state. These legislativ­e amendments are far-reaching in their intended impact. They firmly position the developmen­t of bureaucrac­y to be fundamenta­lly on a merit basis and institutio­nalise bureaucrat­ic performanc­e management systems. They provide legally well-defined roles and responsibi­lities on both the political and bureaucrat­ic leadership and the interface between the two.

With the series of state capacity interventi­ons undertaken in the last few years, it is now imperative to ascertain the current level of state capacity and government capabiliti­es. There must be a direct correlatio­n between enhancemen­ts in state capacity and the intended improvemen­t in service delivery.

The NDP commits the state to build a relationsh­ip of trust with the citizens. Such a trust relationsh­ip will depend on the link between heightened state capacity and improved service delivery.

 ?? Picture: Alaister Russell ?? People in Emalahleni collect water from a burst pipe. The writers say two bills approved by the National Assembly will profession­alise the public sector and enhance service delivery.
Picture: Alaister Russell People in Emalahleni collect water from a burst pipe. The writers say two bills approved by the National Assembly will profession­alise the public sector and enhance service delivery.

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