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In his 2022 State of the Nation address, President Cyril Ramaphosa spoke of the need to build a capable, ethical, and developmental state. One of the ways in which this would be achieved, said the president, would be by professionalising the public service – he added that a framework for this initiative would soon be finalised.
“This will include tighter measures for recruitment of public servants, continuous professional development through the National School of Government (NSG), and partnerships between state bodies, professional associations, and universities.”
The framework was published in October 2022. It makes an important distinction between professionalisation and being professional. “Being professional and professionalism encompass the practices, conduct, values, and behaviour that a person exhibits regardless of training, qualifications, and levels of responsibility. The concept of professionalisation, on the other hand, is about changing individual attitudes, behaviour, and performance towards serving the public.”
Since then, there has been more forward movement, with the National Assembly passing the Public Administration Management Amendment Bill and the Public Service Amendment Bill earlier this year.
The two pieces of legislation will “pave the way for the professionalisation of the public service”, said the Department of Public Service and Administration (DPSA). “The bills … introduce provisions aimed at enhancing administrative powers, strengthening accountability mechanisms, and improving efficiency in the public service.”
Consideration by the National Council of Provinces is next in line for the bills.
Meanwhile, the DPSA has also published a new directive to guide departments in implementing the professionalisation framework.
Improving the public service
One of Chief Justice Raymond Zondo’s recommendations in the final report of the commission he chaired, was the professionalisation of public procurement. This, he said, was because of interference from members of the executive in government’s procurement function, allowing state capture to thrive. He also recommended that legislation be developed that establishes a body for all public officials in supply chain management. This, said Zondo, would help authorities distinguish between procurement decisions made in good faith and those made irregularly, and would ensure consequence management for the latter, among other advantages.
Under the new framework, it is envisioned that these principles will extend to all areas of public service.
In the 2023 annual edition of Governance Matters magazine, DPSA director-general (DG) Yoliswa Makhasi said: “A lack of professionalisation has permeated the public service system in many ways and it has led to some terrible consequences … a lack of professionalism has been evident with instances of fruitless expenditure, poor execution, nepotism, non-meritocratic appointments, and the recruitment of people who simply do not meet the relevant minimum requirements.”
While “pockets of excellence” do exist in certain areas, she added, poor levels of accountability, low staff morale, and growing levels of corruption have also been prevalent.
The framework, which encompasses legislative amendments, merit-based recruitment and selection, and consequence management, among others, aims to counter these negative tendencies through a wide-ranging approach. These reforms are essential for building institutional capacity and an enhanced sense of ethics and service, so that professionalism is not only dictated by statutory professional oversight bodies but also by a built-in culture of good governance and selfless duty.
As noted in the framework document, “This means that in the same way as healthcare workers are recognised as a sector and belong to professional bodies which regulate their occupation, the state needs to expand this type of approach to cover other public sector occupations. In furtherance of this initiative, among others, pre-entry exams and compulsory integrity tests must be introduced across levels and sectors.”
Building on Zondo’s sentiments, the framework crucially states that: “The professionalisation of the public sector requires a non-partisan approach which embraces the merit principles in all staffing practices in the public sector. For this to be realised, the public sector must be non-partisan by insulating it from the politics of political parties.”
If properly implemented and enforced, these measures will go a long way towards improving the functioning of the public service.
Reforms coming up
Other anticipated advantages of the proposed reforms are that:
- They will strengthen the fight against corruption.
One of the public service’s weakest areas has been the shuffling to other posts of employees who have been disciplined or even dismissed. The new legislation will improve accountability and tackle corruption in this regard by tracking the movement of such employees. An inter-departmental task team has already developed a central register to track all dismissals and resignations with disciplinary cases pending in national and provincial government, with similar information expected soon from local government and state-owned entities. This register currently has over 12 000 records. This will prevent public servants with disciplinary records being appointed in another part of the state.
In addition, public servants who leave government may not, within 12 months of leaving, accept employment or appointment to the board of a service provider with which they were involved in awarding a contract. This practice is criminalised in the new legislation, meaning that service providers or employees who contravene this provision could be fined up to R1-million.
- They will help ensure that the best people are appointed to the public service and that they are given support to perform effectively.
As an example, the directive states that a person can only be appointed to the senior management service (SMS) if they have successfully completed the NSG’s pre-entry programme, Nyukela. Its aims are to ensure that all applicants to the SMS have the necessary knowledge and capabilities, and that they are grounded in the values of good citizenship, ethical leadership, and developmental public administration.
The professionalisation framework proposes a review of Nyukela and its extension to other sectors such as the military and boards of state-owned enterprises.
- They will significantly reduce the potential for undue political interference in government administration.
The Public Service Amendment Bill distinguishes between the powers of elected officials such as ministers, and professional public servants such as DGs or department heads. While elected officials are responsible for strategic and political direction, heads of departments will have full administrative powers to carry out their duties responsibly and effectively.
Another important change proposed in the legislation is to prohibit a department head or an employee directly reporting to them from holding political office. This is to strengthen the distinction between political and administrative roles.
- They will improve coordination and accountability.
By enabling the transfer and secondment of public servants between national and provincial governments and municipalities, for instance, people with technical and scarce skills and capabilities will be placed where they will have the greatest impact. This is particularly important for the support of municipalities, which often suffer from a shortage of skilled employees.
Skills audit
Recently Ramaphosa announced the completion of phase one of the NSG’s project of working with the Human Sciences Research Council to undertake a skills audit in selected infrastructure and frontline services departments.
“In infrastructure departments, for example, the report highlighted the need to improve knowledge of modern engineering practices, sustainable construction methods, and environmental impact assessment,” he said.
These findings will support the work being done to improve the administration of public services and the quality of services provided, he added. “These skills audits have been well received and will help us to get the best that each public servant can offer.”
