According to Chapter 10 (Section 195 ) of the Constitution of the Republic, Public Administration must be governed by the democratic values and principles enshrined in the Constitution, including the following principles:
- A high standard of professional ethics must be promoted and maintained;
- Efficient, economic and effective use of resources must be promoted;
- Public administration must be development–oriented;
- Services must be provided impartially, fairly, equitably and without bias;
- People’s needs must be responded to, and the public must be encouraged to participate in policy making;
- Public administration must be accountable;
- Transparency must be fostered by providing the public with timely, accessible and accurate information;
- Good human-resources management and career-development practices, to examine human potential, must be cultivated; and
- Public administration must be broadly representative of the South African people, with employment and personnel management practices based on ability, objectivity, fairness, and the need to redress the imbalances of the past to achieve broad representation.
The Department of Public Service and Administration draws its legislative mandate from section 197, read with section 195(1) of the Constitution, the Public Service Act, 1994 and the Public Administration Management Act, 2014.
In terms of the Public Service Act, 1994, the Minister for the Public Service and Administration is responsible for establishing norms and standards relating to;
- The functions of the public service;
- Organisational structures and establishments of departments and other organisational and governance arrangements in the public service;
- Labour relations, conditions of service and other employment practices for employees;
- The Health and wellness of employees; information management;
- Electronic government in the public service;
- Integrity, ethics, conduct and anti-corruption; and
- Transformation, reform, innovation and any other matter to improve the effectiveness and efficiency of the public service and its service delivery to the public.
According to section 41 of the Public Service Act and subject to the Labour Relations Act and any collective agreement, the Minister may make regulations on, amongst others, matters required or permitted in terms of the Act.
In terms of section 3(5)(a) of the Public Service Act, 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.
Section 5(6) of the Public Service Act provides that all collective agreements contemplated in section 5(4) are deemed to be determinations made by the Minister and the Minister is empowered further to issue directives to elucidate or supplement such determinations.
The Public Administration Management Act, 2014 seeks to promote the values and principles contained in section 195(1) of the Constitution of the Republic of South Africa, 1996 by establishing a framework that creates a unified system of public administration that traverses all three spheres of government. The Public Administration Management Act provides for:-
- employee mobility between all three spheres of government through transfers and secondments;
- the prohibition of employees and special advisers from doing business with the State;
- the disclosure of financial interests of employees, special advisers and their spouses/ life partners;
- the Minister to determine minimum norms and standards relating to, amongst others, section 195(1) values and principles; capacity development and training; ICT in the public administration; integrity, ethics and disciple; disclosure of financial interests; measures to improve the effectiveness and efficiency of institutions;
- the Minister to issue regulations regarding a framework for the establishment, promotion and maintenance of service centres to enhance service delivery of services to the public;
- the establishment of an Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit to strengthen oversight of ethics, integrity and discipline management and to put in place measures to deal with corruption related misconduct in the public administration;
- the establishment of the Office of Standards and Compliance to ensure compliance with minimum norms and standards set by the Minister.
Entities reporting to the Minister
|Name of Entity
||Nature of Operations
|Centre for Public Service Innovation (CPSI)
||Government component in terms of the Public Service Amendment Act, Act 30 of 2007. Tasked by the Minister for the Public Service and Administration to fulfil the mandate in relation to innovation for improved service delivery in the public service
||Mandated to contribute to the improvement, effectiveness and efficiency of the public service and its service delivery to the public
|Public Service Commission (PSC) – only for budget vote purposes
||Section 196 of the Constitution
||Monitor and evaluate the organisation and administration of the public service, enhance accountability and ethics in public administration and it plays a significant role in dispute resolution
|National School of Government (NSG)
||Public Administration Management Act, 2014
||Mandated to provide or facilitate the provision of training to public servants
Centre for Public Service Innovation
The CPSI was established as a government component in April 2008 in line with the Public Service Amendment Act 30 of 2007. CPSI functions as an autonomous entity with its own Accounting Officer reporting directly to the MPSA. As from 1 April 2015, the CPSI became independent and only receives transfer payments from the DPSA.
Public Service Commission
The PSC is empowered and mandated by Section 196 of the Constitution, to monitor and evaluate the organisation and administration of the public service, enhance accountability and ethics in public administration and it plays a significant role in dispute resolution.
National School of Government
The NSG is mandated to provide or facilitate the provision of training to public servants. The NSG is still classified as a department in terms of the Public Service Act.