Parliament, Wednesday, 18 October 2023 – The Portfolio Committee on Public Service and Administration has held successful public hearings in Parliament over the past two days on the Public Administration Management Amendment (PAMA) Bill and the Public Service Amendment (PSA) Bill. The public hearings gave various stakeholders and individuals an opportunity to express their views on the Bills and how they will be affected by them.
The PAMA Bill seeks to amend the Public Administration Management Act of 2014, to provide, among other things, for the transfer and secondment of employees; to provide clarification regarding the prohibition against employees conducting business with organs of state; to provide for the National School of Government to be constituted as a national department; to provide for the removal of employment disparities across the public administration; to provide for the co-ordination of the mandating process for collective bargaining in the public administration; as well to amend the schedule so as to effect certain consequential amendments.
Stakeholders attending the public hearings on the PAMA Bill included the South African Local Government Bargaining Council (SALGBC), which represents among others the South African Municipal Workers Union (SAMWU), the Independent Municipal and Allied Trade Union (IMATU) and the South African Local Government Association (SALGA); the Congress of South African Trade Unions (COSATU); the Public Affairs Research Institute; the Western Cape Government; the Auditor-General South Africa; and representatives from the Tshwane Municipality, Mr Avin Bhola and Ms Nomfundo Tofu.
SALGBC had a number of concerns about the Bill. One concern related to the Department of Public Service and Administration’s (DPSA) alleged failure to consult them when drafting the legislation. SALGBC reported to the committee that SALGA denies that the DPSA consulted them on the Bill, despite the department’s assertion that it had done so.
SALGBC also said that the DPSA has not provided a clear reason as to why local government needs to be included with the other spheres of government with respect to managing and mandating its collective bargaining processes.
Furthermore, IMATU is of the view that the proposed Section 17B of the Bill should be deleted in its entirety, as IMATU believes that section is unconstitutional and unnecessary in that there is already an established and well-functioning process in place.
Meanwhile, in the public hearings today on the PSA Bill, four individuals and stakeholders attended – the Public Affairs Research Institute, COSATU, the Helen Suzman Foundation, the Auditor-General of South Africa and the Presidency.
The PSA Bill aims to amend the Public Service Act of 1994 to provide, among other things, for the devolution of administrative powers from executive authorities to heads of department; to augment the role of the Director-General in the Presidency to support the President; to provide for a mechanism to deal with the recovery of overpayments of remuneration and benefits; to clarify the role of the Public Service Commission in respect of grievances; and to clarify the role of the President and the Premier in respect of the appointment and career incidents of heads of departments.
Among the presenters, COSATU welcomed the Bill and indicated that it had engaged extensively on it at NEDLAC. The committee was told that whilst COSATU and its affiliates had strong initial objections to certain provisions in the Bill, they are pleased that these could be comprehensively resolved to accelerate the fight against state capture and build a capacitated developmental state.
Presenting on the social economic outcomes of the two Bills, the Presidency said the PSA Bill promotes stability within the political and administrative interface, while the PAMA Bill aims to ensure that people with the necessary skills and capacity are attracted to jobs in areas where they are much needed for effective service delivery.
The Chairperson of the portfolio committee, Ms Teliswa Mgweba, thanked the stakeholders and individuals for their submissions on the Bill and for taking an interest in Parliament’s work. “We have noted all your views and concerns and we will take them into consideration as we finalise the two Bills,” she said.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATION, TELISWA MGWEBA
For media enquiries or interviews with the Chairperson, please contact:
Name: Malentsoe Magwagwa (Ms)
Cell: 081 7165824
E-mail: mmagwagwa@parliament.gov.za
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