Evaluation of the existing regulatory framework. The Public Service Regulations contain detailed provisions relating to human resource management. It serves as a set of national norms within which departments are compelled to conduct the management of human resource matters. In terms of section 41 of the Public Service Act, 1994, the Minister may issue directives which are not inconsistent with the PSA to elucidate or supplement any regulation. The Act also provides that the Minister may, subject to the Labour Relations Act and any collective agreement, make determinations regarding the conditions of service of employees generally or categories of employees, including determinations regarding salary scales and allowances for particular categories of employees. All collective agreements concluded at the PSCBC are deemed to be determinations made by the Minister in terms of section 3(5) of the PSA and the Minister is empowered further to issue directives to elucidate or supplement such determinations. The current regulatory framework requires that human resource management in the Public Service undergo considerable change to actualise the following principles: Increased delegation of managerial responsibility and authority for day-to-day human resource management decisions to line managers. The establishment of a competent and adequately staffed Public Service that is service-oriented and builds positively on the multi-cultural and diverse workforce of the Public Service. A continuous endeavour for and focus on strategic human resource management to enhance efficiency and effectiveness. The establishment of a flexible management environment that takes into account both the operational needs of the organization and the needs of the employees. In order to improve implementation of the regulatory provisions, improve the management of human resources for better service delivery and to achieve this sub-output, specific consideration should be given to review the PSRs and ministerial directives governing the discipline management in the Public Service with a new rigour to ensure that disciplinary cases are finalized within 90 days of initiation of the process and that the necessary sanctions are applied. Evaluate the existing institutional arrangements Since 1994, extensive policies and legislation have been developed to guide human resource management and development practices in the Public Service. This legislative framework compels national and provincial departments to, among other things, develop an...
Evaluation of the existing regulatory framework. The Public Service Regulations are relevant to this sub-output. Evaluation of the relevant sector regulation relevant to responsiveness will be important. Similar to the legislative framework analysis, a sector regulatory analysis has been requested from participating departments. Births and Deaths Regulations must be amended to make provision for stringent measures (new process) for LRB cases Evaluate the existing institutional arrangements The baseline information currently available is the recently concluded Department of Home Affairs’ Turnaround Strategy. This strategy will be used as a good practice case study. Participating Departments have been requested to provide information in this regard as well. A generic framework will be developed after considering the present status quo and how it could be improved. Evaluate the management systems, processes and skills The Department of Home Affairs’ Turnaround Strategy will be used to develop a generic framework on management systems, processes and to determine the skills required to ensure improvements in the responsiveness and turnaround times when providing government services. Funding framework A funding model will be developed to ensure that the enumerated activities are adequately funded. Departments will provide information on the current funding of projects and activities associated with this sub-output.
Evaluation of the existing regulatory framework. SITA has a monopoly on the provision of certain (mandatory) services and the price it charges to departments. Charges associated with BAS and PERSAL are fairly well regulated, but charges with regard to the network remains a cause for concern. The recovery model needs to be reviewed as a matter of urgency as this creates a number of problems. Each department should have its own vpn with QoS but have either opted to not use the vpn service or move to TELKOM and other service providers ostensibly due to price; performance; functionality and quality
Evaluation of the existing regulatory framework. The Public Service Regulations and the Codes of Conduct for the public service and municipal staff workers (as contained in the Municipal Systems Act) contains requirements for preventing corruption in the public sector. These measures include acceptance of gifts, performance of remunerative work outside the public service and declaration of financial interests. Plans are afoot to have the Minimum Anti-corruption Capacity Requirements regulated. In addition, the codification of the requirements will take into account recommendations of both the first and second audits. The Code of Conduct for supply chain officials also requires of them to conduct themselves in a particular manner when discharging their official duties. The Code of Conduct for municipal staff workers stipulates that a staff member of a municipality may not use the position or privileges of a staff member or confidential information obtained as a staff member for private gain or to improperly benefit another person; or take a decision on behalf of the municipality concerning a matter in which that staff member or that staff member’s spouse, partner or business associate, has a direct or indirect personal or private business interest. The Financial Disclosure Framework contained in Chapter 3 of the Public Service Regulations requires of all senior managers to disclose their financial interests on an annual basis to their Executive Authority for submission to the Public Service Commission. For both officials in the public service and in municipalities, acceptance of gifts as a result of performing official duties is prohibited including performing remunerative work outside the public service or municipality without approval. However a number of gaps have been identified in some of the preventatives measures including limited coverage of the financial disclosure framework, non existence of financial disclosure framework in local government, performance of remunerative work without approval and no recovery of funds as a result, and inconsistent application of disciplinary measures. As a result the DPSA is developing a Public Sector Integrity Management Framework to address all the gaps. The Framework is currently undergoing consultations and the necessary regulatory framework will be amended following approval by Cabinet.
Evaluation of the existing regulatory framework. Reviewing the existing regulatory environment and investigating options for the establishment of an economic regulator for the water sector.
Evaluation of the existing regulatory framework. The challenge with managing norms and standards for actual settlement areas is avoiding a level of prescription that sectors and municipal areas may not be able to meet. Most sectors have a policy on norms and standards for the delivery of their services – e.g. health, social development, education, and for the provision of basic services such as water and refuse removal.
Evaluation of the existing regulatory framework. Together with the above Ministerial Determination a “Code of good practice for Special Public Works Programmes” was agreed to at NEDLAC in 2002. The purpose of the Code is to: • Provide good practice guidelines to all stakeholders involved in EPWP in respect of working conditions. • Promote a common set of good practices and minimum standards in employment practices among the different EPWP sub‐programmes within South Africa. Currently negotiations at NEDLAC are continuing to finalise amendments to the code based on EPWP experiences in the first phase.
Evaluation of the existing regulatory framework. Key issues that will require a closer evaluation of the regulatory framework of xxxx committees will focus on the following: • The funding model • The institutional arrangement including delegation of powers • Stakeholder engagement plan/framework • Terms and mechanism for engagements • Regulation for compliance • Roles and Responsibilities based on the expanded/improved mandate • Engagement schedule/mechanism • Monitoring, evaluation and reporting • Accountability.
Evaluation of the existing regulatory framework. The provisions pertaining to operational expenditure are contained within the Municipal Finance Management Act. Guidelines are also issued by National Treasury, and oversight should be provided by Provincial Treasuries.
Evaluation of the existing regulatory framework. Because this is a new qualification, new policies relating to examination, assessment and certification will have to be developed.
