The Department of Public Service and Administration has set its sights on barring heads of departments (HODs) and senior management reporting to them from holding political office in political parties.
If it has its way, this would be an extension of a legislative provision across the public sector that has been applicable to municipal managers and directors in municipalities.
This emerged from the Public Service Amendment Bill the department introduced in Parliament recently after approval by the Cabinet.
According to the bill, a HOD or senior management staff may not hold political office in a political party whether in a permanent, temporary or acting capacity.
It wants to have the person appointed as an HOD, or for affected employees to comply with the new legislation within one year of commencement when it is passed into law.
A memorandum of the bill states that the term “political office” has been defined to reflect the decision-making echelon of political parties.
It said other political rights of the heads of department and employees directly reporting to the HOD were unaffected by the proposed amendment, and they remained entitled to enjoy and exercise these rights freely.
“The purpose of the prohibition in respect of a head of department and an employee directly reporting to the head of department from holding office in a political party is to ensure that there is a clear delineation between the political and administrative roles and responsibilities for heads of department, and the influence employees reporting to a head of department may have in the department.
“The provision is limited to heads of department and employees directly reporting to heads and employees of department. These heads are responsible for administrative decisions,” reads the memorandum.
Cosatu’s acting national spokesperson and parliamentary co-ordinator Matthew Parks said on Monday that they had engaged extensively on this provision in the National Economic Development and Labour Council (Nedlac) when the government initially wanted to bar all civil servants from holding political office in political parties.
“They have agreed on the removal of the restriction that was to affect all civil servants.
“They have limited the restriction to directors-general and senior management,” Parks said. “We don’t have a problem with the bill as long it remains that way. We will watch it closely.”
Meanwhile, the department also wants to restrict the post-employment of civil servants participating in the awarding of contracts for at least a year.
The Public Administration Management Amendment Bill said the amendment was made for the imposition of a 12-month “cooling off” period for employees involved in the procurement of services of service providers.
“It provides for a prohibition from accepting employment or appointment to the board of the service provider, the performance of remunerated work or the receipt of any other gratification.
“Service providers or employees who contravene this provision are guilty of an offence, and on conviction liable to a fine of R1 million.”
Parks said Cosatu was firmly behind the proposed amendment as it sought to address a situation where people working for the state resigned and got employment from a company that had been awarded a contract they had been involved in.
“We can’t have a situation where you give or allocate a contract knowing fully well that you will resign and then work for the company,” he said.
Researcher and policy analyst Nkosikhulule Nyembezi said the country will benefit from the proposed legislative reform encouraging people to value the public good over party loyalty.
He noted the practice of ‘javelin throwing’, where a director general or another senior civil servant identifies an area of potential work, then creates and awards tenders to do this work, and soon thereafter resign from public service and form a consultancy which then picks up that “javelin” in the form of the same tender that they have thrown.
“The National Anti-Corruption Forum has long been calling for these measures, including effective revolving-door legislation to curb javelin
throwing, provide for a central register of the private interests of politicians and senior civil servants, regulate the transparent political party financing, and overhaul procurement systems to exclude individuals and companies involved in corruption and uncompetitive practices.
“We can look forward to seeing an immediate institution of a properly functioning and well-resourced enforcement mechanism to ensure compliance across the board.”
Both bills have now been published for public comment until July 28.
Parliament’s chairperson for public service and administration, Teliswa Mgweba, has invited interested individuals, organised labour and the relevant stakeholders to submit written comments and indicate interest in making oral submission on the bills.
Cape Times