Proposed new register for crooked officials a step in the right direction, but OUTA voices concerns

As a firm advocate for accountability-driven laws, OUTA has closely examined the proposed Public Administration Management Regulations for the Central Register (PAMR). This initiative aims to create a central register of public service employees dismissed for misconduct or officials who resigned while under disciplinary action.

OUTA sees these reforms as a step toward stronger public governance, more transparency, and improved accountability. However, we warn about possible abuse and a lack of meaningful consequences for ignoring the register when appointing government officials.

“While we back the establishment of this register, we would be remiss not to highlight some concerns in our comments,” says Advocate Stefanie Fick, OUTA’s Executive Director of the Accountability and Public Governance Division.

In our submission to the Department of Public Service and Administration, OUTA highlighted several key concerns:

1. Weak consequence management undermines the register

OUTA is concerned that the proposed regulations fail to impose meaningful consequences on public service leaders who neglect to consult the register before making appointments. Without enforceable penalties, institutions may continue hiring individuals with questionable disciplinary records, undermining the register’s purpose.

To strengthen accountability, OUTA strongly recommends the introduction of clear sanctions for non-compliance, including financial penalties, disciplinary measures, and stricter oversight mechanisms.

2. Public access to the central register

To uphold transparency and public interest, OUTA advocates for making the central register accessible via the Department of Public Service and Administration’s website. While recognising the constraints of the Protection of Personal Information Act (POPIA), OUTA urges the Department to prioritise public access, reinforcing trust and accountability in public service appointments.

3. Safeguards against malicious listings 

OUTA is concerned about the potential misuse of the register, particularly the wrongful listing of whistleblowers or employees who expose misconduct. Without proper safeguards, the register could be weaponised against those acting in the public interest.

To prevent unjust penalties, OUTA strongly recommends including a formal appeal process. This mechanism should allow individuals to challenge their listing if it is based on false or malicious grounds and ensure the removal of names cleared through legal or disciplinary processes.

“While OUTA supports the establishment of this register, we stress the need for enforceable measures to ensure compliance and prevent misuse. By prioritising public access and introducing safeguards against wrongful listings, we can ensure the register fulfils its purpose – strengthening integrity and accountability in the public service,” says Fick. 

OUTA remains steadfast in its commitment to transparency, combating corruption, and ensuring the responsible use of taxpayer funds for the benefit of the broader South African society. While we do not oppose the introduction of new laws and regulations, we firmly believe they must be practical, enforceable, and aligned with the principles of our Constitution.

More information

OUTA’s submission is here.

A soundclip with comment by Andrea van Heerden, OUTA Senior Legal Project Manager, in English is here and in Afrikaans is here.

The draft Public Administration Management Regulations for the Central Register are here.