The bill is intended to enable the commission to operate as an independent and impartial constitutional body to improve its effectiveness, and to expand its mandate to include municipalities and public entities. It will replace the existing Public Service Commission Act of 1997. 

The commission is set up in terms of section 196 of the Constitution and is required to be independent and impartial, promote the values governing public administration as set out in the Constitution, and promote professional ethics in the public service. We would like commissioners to be appointed from non-governmental sectors, such as the legal profession, business, academia and civil society.

“OUTA welcomes the bill’s expansion of the mandate of the commission to include municipalities and public entities as there is a dire need to improve the effectiveness and efficiency of the public service in those sectors. However, we are concerned that the wording of the bill seems to indicate that implementation of the bill in those sectors is optional, while we believe it should be mandatory,” says Asavela Kakaza, OUTA Legal Project Manager.

“To safeguard the independence and impartiality of the commission, those appointed as commissioners should be politically disinterested persons who have not previously held any public office. This is because there have been situations in public service where, to avoid accountability, people in public office are rotated from one department to another. It is not in the public interest to have such persons in the commission. ”

OUTA says not only those convicted of the offences listed in the bill should be disqualified from office, but also those with cases pending against them.

We also want to emphasise that it is important that the commission has the power and mechanisms to implement its decisions and recommendations, and not have to rely on other organs of state for this, as is the case under the Public Service Commission Act.

OUTA’s submission is here.

The Public Service Commission Bill is here.