PSC Information Dissemination & Capacity Building Workshop October 2022

The workshop by the Public Service Commission focuses on key HRM practices in the Public Service, aiming to engage officials on topics like recruitment, ethics, and constitutional principles. It also aims to strengthen relationships with stakeholders and implement recommendations for better efficiency and effectiveness in the public sector. Various reports by the PSC on HRM issues are highlighted, offering insights and guidance for improvement.

• Public Service Commission
• Capacity Building
• HRM Practices
• Ethics in Recruitment
• Stakeholder Engagement

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1. INFORMATION DISSEMINATION AND CAPACITY BUILDING WORKSHOP PUBLIC SERVICE COMMISSION OCTOBER 2022

2. PRESENTATION OUTLINE Introduction Recruitment and selection matters Ethics in recruitment and selection Constitutional values and principles: Section 195 (1)(b): o Training and development o Arbitration awards o Discipline management Performance management and development system The PSC recommendations implemented Conclusion INFORMATIONAL DISSEMINATION & CAPACITY BUILDING WORKHOP 02

3. INTRODUCTION PSC has over the years conducted various studies in a wide range of HRM practices in the Public Service, with some of the research work having far reaching implications in terms of policy influence. The purpose of this workshop is: o to engage officials in departments on topical issues, including the implementation of the Public recommendations specifically SMS, HR & LR practitioners and Ethics Officers; and o to embark on an interactive endeavour to better strengthen the PSC s relationship with its stakeholders - DPSA as the policy department and all departments as the key implementers of HRM prescripts and policy frameworks. The areas isolated for the engagement guided by contemporary issues that affect efficiency and effectiveness in the Public Service and emanate from the various PSC studies. Below slides present a list of some of the PSC s reports in these areas as well as website links to access these reports. Service Commission (PSC) INFORMATIONAL DISSEMINATION & CAPACITY BUILDING WORKSHOP 03

4. LIST OF PSC REPORTS ON HRM Ethics in Recruitment and Selection Processes in the Public Service, 2022. http://www.psc.gov.za/documents/reports/2022/FINAL_ETHICS_in_RECRUITMENT _and_SELECTION_REPORT.pdf Effectiveness of Continuous Employee Development Capacity and Service Delivery in the Public Service, 2021. http://www.psc.gov.za/documents/reports/2021/Effectiveness_of_Continuous_Emp_ Dev_Cap.pdf Extent and Nature of Contract Appointments in the Public Service, 2019. http://www.psc.gov.za/documents/reports/2019/V17- Extent%20and%20nature%20of%20contract%20appointments%20in%20the%20Pu blic%20Service_2019.pdf Guide on Governance Practice for Executive Authorities and Heads of Department, 2019. http://www.psc.gov.za/documents/reports/2019/PSC%20Report%20175x250- B5-Final%2009052019%20HoD%20Guide-Printer-3mm%20bleed-20191107.pdf Evaluation of the Effectiveness of the Performance Management and Development System for the Public Service, 2018. http://www.psc.gov.za/documents/reports/2018/PMDS%20Report%20_%20Final.pdf 04 INFORMATIONAL DISSEMINATION AND CAPACITY

5. LIST OF PSC REPORTS ON HRM Evaluation and effectiveness of the recruitment and selection system of the Public Service, 2018. http://www.psc.gov.za/documents/reports/2018/V12%20Draft%20Report- Evaluation%20of%20Effectiveness%20of%20the%20RnS%20System%20of% 20the%20PS.pdf Report of the Roundtable Session on understanding the causes of and ending unfair treatment in the Workplace, 2018. http://www.psc.gov.za/documents/reports/2018/Report%20of%20the%20Roundt able..pdf Assessment of the Influence of Grievances on Work Attendance in the Gauteng Provincial, 2018. http://www.psc.gov.za/documents/reports/2018/Report%20on%20the%20effect %20of%20grievances%20on%20work%20attendance%20FINAL%2020180318. pdf Investigation into the Non-Implementation of Arbitration Awards and Labour Related Court orders by Departments and Implications on Labour Relations, 2017. http://www.psc.gov.za/documents/reports/2017/Final%20report%20-%20non- implementation%20of%20arbitration%20awards%202017.pdf 05 INFORMATIONAL DISSEMINATION AND CAPACITY

6. LIST OF PSC REPORTS ON HRM Recruitment, Retention, Career Pathing and Utilisation of Senior Management Service Members expertise and skills in the Public Service, 2017. http://www.psc.gov.za/documents/reports/2017/V17%20Final%20RRCU%20DRAFT %20REPORT%20-%20Comm%20Comments.pdf Assessment of the Management of Service Terminations and Pension Pay-Outs in the Public Service, 2016. http://www.psc.gov.za/documents/reports/2016/Management_of_service_termination s_and_pension_pay-outs.pdf Assessment of the Handling of Disciplinary Cases in the Public Service, 2016. http://www.psc.gov.za/documents/reports/2016/Version%209dd%2020Report%20on %20the%20Assessment%20of%20the%20Handling%20of%20Disciplinary%20Case s%20in%20the%20Public%20Service%2030%20March%202016.pdf The Impact of Recruitment and Selection Practices on the Functionality of Selected National and Provincial Departments, 2015. http://www.psc.gov.za/documents/reports/2015/Version%2013%20for%20discussion %20no%20track%20changes%20tracked%2025%20March%202015.pdf Report on the Assessment of the Implementation of the Policy Framework on the Appointment of Ministerial Staff in National and Provincial Departments, 2014. http://www.psc.gov.za/documents/reports/2014/Ministerial%20Rep%2044pp-doc.pdf 06 INFORMATIONAL DISSEMINATION AND CAPACITY

7. RECRUITMENT AND SELECTION MATTERS Staff establishment in the Office of Executive Authority Provisions: o The Guide for Members of the Executive (2022) provides for the staff establishment of the private offices of Executive Authorities (EAs), with the contractual appointment linked to the term of office of EAs. (This is different from departmental support staff for EAs offices.) o Regulation 66 of PSR, 2019 makes provision for the filling of posts in the Office of the EAs. o DPSA circular HRP 8 of 2018 explains the management of staff due to change in political office bearers. o Amendment Gazette of Regulation 66 of PSR of 2019 makes provision that any employee employed in terms of Regulation 66 (1)(a) shall not be transferred within the department or to another department without complying with regulation 65(1),(3) and (4). Regulation 65 deals with advertising. Challenges/Concerns: o Inconsistent interpretation and implementation by departments of the provisions pertaining to the filling of posts in the private office of the EAs. INFORMATIONAL DISSEMINATION & CAPACITY BUILDING WORKHOP 07

8. RECRUITMENT AND SELECTION MATTERS o Lack of understanding or a deliberate attempt to manipulate the process relating to the application of secondment vs transfer of employees for offices of EAs; and o Changes made in the remuneration and/or allowances attached to posts in the offices of EAs (e.g. an employee who is originally on level 13, then when seconded or transferred, the same employee is given level 14 or 15 and demand clothing allowances etc.). Recommendations: o Application of Regulation 66 as per Amendment Gazette of Regulation 66 of PSR of 2019. o The secondment of departmental employees into EAs Offices should be implemented in line with Regulation 62 of the PSR, 2016. o No transfer can be effected without a vacant post, unless the post is being moved from one component to another with its budget. o Transfers/secondments do not change salary levels in the Public Service. It is only through complying with recruitment and selection processes into vacant posts that salary levels may change. Regulation 62 must be applied for secondments into EA offices. INFORMATIONAL DISSEMINATION & CAPACITY BUILDING WORKHOP 08

9. RECRUITMENT AND SELECTION MATTERS Conti Contract appointments and organisational structure Provisions o Regulation 57(4) of the PSR, 2016 provides that the employment of persons additional to the staff establishment in terms of sub regulation 57(2) (a) or (b) shall not exceed 12 consecutive calendar months, unless otherwise directed by the Minister (for Public Service and Administration). o Regulation 65(7) of the PSR, 2016 provides for funded vacant posts to be advertised within six months after becoming vacant and filled within twelve months after becoming vacant Challenges/concerns o There is a tendency to employ people additional to the staff establishment on a contractual basis for prolonged periods of time exceeding the stipulated timeframe, and abuse of power or disregard of prescripts, which may result in unreasonable expectation for permanent employment. Recommendations o Departments must comply with prescripts relating to transparent recruitment processes for all appointments, including contract appointments against the approved staff establishments or additional to the staff establishment. INFORMATIONAL DISSEMINATION AND CAPACITY BUILDING WORKSHOP 09

10. RECRUITMENT AND SELECTION MATTERS Conti Recommendations cont o Departments should prioritise the filling of funded vacant posts, and this should be filled within the prescribed timeframes in order to avoid perceptions that contract employees are given an unfair advantage over other prospective contenders. o The filling of vacant posts timeously will also minimise grievances, disputes and financial impact of contract employment related to arbitration awards and court orders. o DPSA should: o profile departments that fail to adhere to Regulation 65(7) for the filling of funded vacant posts; and o establish a system that automatically revokes extended contract of employment, .e.g. Persal system permits for blocking of re- appointment for transgressed employees, and this system can be adapted for contract appointment to reduce litigation costs. INFORMATIONAL DISSEMINATION & CAPACITY BUILDING WORKHOP 10

11. ETHICS IN RECRUITMENT AND SELECTION Provisions o Section 195(1)(a) provides that a high standard of professional ethics must be promoted and maintained . o The Public Administration Management Act (PAMA), 2014 provides for the setting of norms and standards relating to integrity, ethics, conduct and anti- corruption in the Public Service. o The Ethics Committee Guide of 2019, in support of Regulation 23(2) PSR, 2016, provides for the establishment of departmental Ethics Committees to deal with matters of ethics. Challenges/concerns o The PSC s 2020/21 study and engagement sessions on ethics in recruitment and selection processes the Public Service alluded to numerous ethical challenges e.g. undeclared conflict of interest amongst panel members and manipulation of adverts and other processes to achieve pre-determined outcomes. o Panel members who raise concerns about unethical conduct and practices turned to be side-lined in future recruitment and selection practices. o HR Practitioners have fear of reprisal and victimisation when they are vocal about unethical actions during R&S processes, so they turn a blind eye. INFORMATIONAL DISSEMINATION AND CAPACITY BUILDING WORKSHOP 11

12. ETHICS IN RECRUITMENT AND SELECTION Conti Recommendations o Departments should conduct in-depth ethics awareness and training for HR practitioners on how to handle ethical dilemmas they face during R&S processes to make ethical decisions and actions. o The DPSA should make it compulsory for all public servants from levels 2 to 16 and EAs to sign both the Constitutional Values and Principles (CVPs) and anti-corruption pledges as well as the Code of Conduct annually. The signed pledges and Code of Conduct can be filed in the employee s record with the HR or Ethics section of the departments and employees can display same in their offices to remind themselves of their duty. As part of professionalising the Public Service and strengthening ethical conduct and integrity, the National School of Government (NSG), with the support of the DPSA, should conduct compulsory training and workshops on the DPSA Ethics Framework and HR professional ethics should be emphasised. Investigations of any misconduct and irregularities in recruitment and selection practices in the Public Service should also address the issue of ethics and severe sanctions, including recovery of unlawful gains, must be imposed on implicated officials irrespective of rank or status. INFORMATIONAL DISSEMINATION AND CAPACITY BUILDING WORKSHOP 12

13. CONSTITUTIONAL VALUES AND PRINCIPLES The Constitution of the Republic, 1996, provides for the constitutional values and principles (CVPs) as set out in section 195(1). For the purpose of this presentation, the following topical issues are presented in relation to section 195(1)(b) of the Constitution stating Efficient, economic and effective use of resources must be promoted o Training and development o Arbitration awards o Discipline management INFORMATIONAL DISSEMINATION AND CAPACITY Y BUILDING WORKSHOP 13

14. TRAINING AND DEVELOPMENT Provisions o The directive on the employment of persons to developmental programmes in the Public Service (2018) seeks to explain Regulations 58, 74(2), 75 and 26(2)(e) of the PSR, 2016, and also extend the duration of the developmental programmes to 24 months maximum period. o Regulation 74(2) of the PSR, 2016 obliges HoDs to ensure sufficient budgeted funds are available for training and development of employees and training and development opportunities should be provided by the department. Challenges/concerns o There is a tendency to utilize the training budget towards the end of the financial year (4th quarter) to attend to training needs that are irrelevant, resulting in not addressing the real training and skills needs. o Often officials are forced to attend the NSG training that is not in line with the area of work or Personal Development Plans. This result in inadequate Return on Investment (ROI) and low productivity as the training and development interventions is not addressing the actual training needs. INFORMATIONAL DISSEMINATION AND CAPACITY BUILDING WORKSHOP 14

15. TRAINING AND DEVELOPMENT Conti o Internships and learnerships are poorly structured and implemented in most departments and does not achieve desired outcomes in terms of value for money. Recommendations o The departments should ring-fence training and development budget and further cover conferences, professional registration and memberships costs. o There is a need to monitor and evaluate, and strengthen continuation of internships and learnerships by DPSA, Department of Employment and Labour and PSC to ensure compliance with the Skills Development Act. INFORMATIONAL DISSEMINATION AND CAPACITY BUILDING WORKSHOP 15

16. ARBITRATION AWARDS Provisions o Section 23 of the Constitution state that Everyone has the right to fair labour practices . o Section 143 of the LRA provides that an arbitration award issued by a commissioner is final and binding and it may be enforced as if it were an order of the Labour Court in respect of which a writ has been issued, unless it is an advisory arbitration award. o If an arbitration award orders a party to pay a sum of money, the amount earns interest from the date of the award at the same rate as the rate prescribed from time to time in respect of a judgment debt in terms of section 2 of the Prescribed Rate of Interest Act, 1975 (Act No. 55 of 1975), unless the award provides otherwise. o Despite section 143, an arbitration award in terms of which a party is required to pay an amount of money must be treated for the purpose of enforcing or executing that award as if it were an order of the Magistrate s Court. o Certification of arbitration awards Any arbitration award that has been certified in terms of section 143 of the Act that INFORMATIONAL DISSEMINATION AND CAPACITY BUILDING WORKSHOP 16

17. ARBITRATION AWARDS Cont (a) orders the payment of an amount of money may be enforced by execution against the property of the employer party by the Sheriff of the court in the Magisterial district where the employer party resides, or conducts business (b) orders the performance of an act other than the payment of money may be enforced by way of contempt proceedings instituted in the Labour Court. (c) For the purposes of (a) and (b) above, an arbitration award includes an award of costs in terms of section 138 (10), a taxed bill of costs in respect of an award of costs and an arbitration fee charged in terms of section 140 (2). The CCMA may, in terms of section 142A of LRA, by agreement between the parties or on application by a party, make the settlement agreement an arbitration award and such arbitration award may then be enforced in terms of section 143. INFORMATIONAL DISSEMINATION AND CAPACITY BUILDING WORKSHOP 17

18. ARBITRATION AWARDS Cont Challenges/concerns o Non-implementation of arbitration awards and labour related court orders by departments, and the far reaching implications on the maintenance of sound labour relations and the fiscus in the public service. Recommendations o HoDs should establish a quality assurance mechanism to ensure proper implementation of arbitration awards. o HoDs must be held accountable for failure to comply with implementation of the arbitration awards and labour court judgements/orders, which have costs implications for the department. INFORMATIONAL DISSEMINATION AND CAPACITY BUILDING WORKSHOP 18

19. DISCIPLINE MANAGEMENT Provisions o Resolution 1 of 2003 (Disciplinary Code and Procedure) and the Guide on the Management of Discipline (2021) provides for a quick and easy reference for the application of discipline in the public service. Challenges/concerns o Managers not following prescripts: in terms of suspension and dismissal of employees resulting in unbudgeted costs for litigation. o Unusual practices and departments reliance on the use of services of private / external lawyers to resolve internal grievance lodged and labour disputes. Recommendations o Departments should be discouraged from enlisting the services of external lawyers to resolve internal grievances. o Investigations of any misconduct in the Public Service should be conducted by public service institutions and severe sanctions, including recovery of unlawful gains, must be imposed on implicated officials irrespective of rank or status. INFORMATIONAL DISSEMINATION AND CAPACITY BUILDING WORKSHOP 19

20. PERFORMANCE MANAGEMENT AND DEVELOPMENT SYSTEM Provisions o Regulation (71)(1) of the PSR states that Executive Authorities (EAs) are expected to approve and implement a PMDS policy for employees other than employees who are members of the SMS. o Determination and Directive on performance management for employees other than employees who are members of the Senior Management Service (SMS), 2018, seeks to explain and supplement the PSR as well as to provide guidance to departments on areas requiring revision in their departmental PMDS policies. Challenges/Concerns o The changing/removal of KRAs and weights of projects contracted for during mid-year review and annual assessments have been one of the key concern established through the PSC s studies, complaints and grievances lodged with the PSC (Source: Grievance Factsheets). Recommendations o The Performance Agreement KRAs and weights cannot be amended during mid-year review and annual assessment if KRAs is not achieved due to challenges beyond the incumbent s control or change of policy or APP. Departments are urged to refrain from this practice. 20 INFORMATIONAL DISSEMINATION AND CAPACITY BUILDING WORKSHOP

21. RECOMMENDATION IMPLEMENTED REPORT RECOMMENDATIONS STATUS Due consideration must be given to the separation of financial incentives and the developmental focus of the PMDS. This however would require additional research before implementation. Partial implementation: Circular: DPSA released a notice of the reduction in the % allocation of remuneration budget payment of bonuses categories of employees with effect from 01 April 2019. 1. Evaluation of the effectiveness of the PMDS for the Public Service, 2018 for for the all a) There is a need to review the PSA, 1994, and PSR, 2016, so that the principle of open recruitment can be strengthened to facilitate appointments into entry level jobs, occupations and trades in the Public Service and at the middle and senior management levels. Directive: directive of DPSA on minimum 2. Evaluation of the effectiveness of R&S system in the Public Service, 2018 Implemented: introduced application requirements for the appointments into entry level posts in the Public Service, 2019. a the Not implemented: But to be partly addressed through implementation of the framework professionalization Service. b) Between the entry (junior/admin posts) and middle-senior management levels, the R&S System should be partially closed to facilitate systematic skills development, career progression and sustainable institutional capacity. on of Public memory 21 INFORMATIONAL DISSEMINATION AND CAPACITY BUILDING WORKSHOP

22. RECOMMENDATION IMPLEMENTED Cont REPORT RECOMMENDATIONS STATUS The suspensions in the Public Service: A uniform guideline/manual on dealing with precautionary suspension throughout the Public Service should be developed by the PSC. management of precautionary 3. Report Roundtable Discussions State Resource, and Management Public Service, 2014 on the Partially implemented DPSA released a Guide on managing discipline in the public service in 2021. on Human Grievance Discipline in the of the a) Review of the PILIR framework should be conducted as a matter of urgency by DPSA taking into consideration, amongst others, issues of timeframes, culture (i.e. ancestral witchdoctor calling), bulkiness of the forms and who bears the cost if forms are not considered for review and involvement of HRM in investigating grievances. b) DPSA should arrange training, which must be facilitated by an experienced and reputable Labour Relations specialist, on implementation of PILIR and the handling of Ill-Health grievances for Labour Relations officers in departments. c) DPSA should develop a plan to provide support to health and wellness officials in departments. 4. Report of the Roundtable Discussion Implementation PILIR in the Public Service, 2014 Partially implemented Reviewed determination on policy and procedure on leave and retirement, August 2021. DPSA on the of incapacity ill-health DPSA circular 13 of 2021 was issued to departments on the Implementation of the recommendations on the review of the policy and procedure on leave and retirement (PILIR) modality. incapacity ill health INFORMATIONAL DISSEMINATION AND CAPACITY BUILDING WORKSHOP 22

23. RECOMMENDATION IMPLEMENTED Cont REPORT RECOMMENDATIONS STATUS 5. Report on the Assessment of the Implementation of the Framework on the Appointment Ministerial Staff in National Provincial Departments, 2014 Partially implemented a) The DPSA should develop a focused policy framework that will regulate the employment practices of persons who provide support and serve in EAs' offices. b) Compulsory orientation/training on the functions performed in Ministries, the relationship between the Ministry department, the protocols of being a sessional employee and the benefits thereof and how to support the Minister with political responsibilities should be conducted with staff working in the EAs' offices, either at departmental level or coordinated by the National School of Government (NSG) or the DPSA. a) PSC developed Guide on governance practice on EAs and HoDs , 2014. Policy induction, b) NSG developed a training course on Chief of Staff Programme Guide, 2020. of and and the c) PSC reviewed Guide on governance practice on EAs and HoDs , 2019. d) DPSA released Guide for members of the Executive 2022 INFORMATIONAL DISSEMINATION AND CAPACITY BUILDING WORKSHOP 23

24. RECOMMENDATION IMPLEMENTED Cont REPORT RECOMMENDATIONS STATUS a) The PSC recommends that the proposals contained in the National Development Plan regarding the possible appointment of an Administrative Head of the Public Service, or similar model, should be fast tracked to deal with the instability at the executive/administrative interface. There are variations in which this model can be developed (assigning the authority to an administrative head, to a Ministry, or to a Department or Entity). a) The DG in the 6. Report on the Assessment of the Implementation of the Resource Financial Management Delegations, 2014 presidency has been added responsibility are suppose to be done by the Head of Administration position as per NDP. It is not clear yet those responsibilities will be permanent or not. more which Human and whether added INFORMATIONAL DISSEMINATION AND CAPACITY BUILDING WORKSHOP 24

25. RECOMMENDATION IMPLEMENTED Cont RECOMMENDATIONS REPORT STATUS a) The PSC recommends that the DPSA and NT should review the Delegations consultation with departments to provide options that accommodate departments in terms of their specific organisational designs. The national norms and standards should be flexible enough to accommodate options that cannot be standardised across the Public Service given practical circumstances of certain Frameworks should be clearly publicised through appropriate awareness programmes. a) HR and Financial delegation was approved 2017 and reviewed in 2020. 8. Assessment of the Implementation of the Human Resource and Financial Management Delegations, 2014 Report on the Frameworks through manual in realities departments. and unique The and communication b) The DPSA and National Treasury must assist the National School of Government in identifying training needs in respect of both human resource and financial management that must be incorporated in the curricula to be developed by the National School of Government. EAs and HoDs should be subjected to such training as part of a compulsory induction programme to be established for them. In considering the material to be presented, the implications of delegations on the different performer levels should be taken into consideration and the competencies / skills associated with those performer levels should be identified and addressed INFORMATIONAL DISSEMINATION AND CAPACITY BUILDING WORKSHOP 9. Report on the Assessment of the Implementation of the Human Resource and Financial Management Delegations, 2014 Partially implemented b) EAs and HoDs are subjected to training and development, including the staff in the EAs office e.g. chiefs of staff. (Note: available, but not in all departments) training is 25

26. CONCLUSION Non-compliance with prescripts as well as unethical practices and conduct are the antithesis of building an ethical, capable, professional and developmental state. The anomalies allude to a complex triad relationship between non- compliance with prescripts, unethical practices and power abuse in departments. A comprehensive report will emerge as a final product of these engagements and will be shared with all departments for validation of the f issues and challenges raised for further attention by DPSA, NSG and other stakeholders. INFORMATIONAL DISSEMINATION AND CAPACITY BUILDING WORKSHOP 26