The signing of the Public Service Amendment Act (PSA) and the Public Administration Management Act (PAMA) into law mark a significant step towards revolutionarising public administration in terms of improving accountability and accelerating quality services to South Africans, writes Nthambeleni Gabara.
Recently, government has issued a circular that will drastically help all Heads of National, Provincial and Government components to move with greater clarity as they implement both the Public Service Amendment and the Public Administration Management Amendment Acts.
According to the Department of Public Service and Administration (DPSA) Acting Director-General, Mr Willie Vukela, the DPSA is currently processing the required regulations, to make provision for a smooth transition and to ensure that there is no ambiguity during implementation.
He revealed that once Public Service and Administration Minister, Inkosi Mzamo Buthelezi has approved the supporting regulations, the President will determine the dates to put the Amendment Acts into operation, which will be done by proclamation in the Government Gazette.
Mr Vukela said: “both Amendment Acts will only come into operation on a date {to be} determined by the President by proclamation in the Gazette once the department has finalised the necessary supporting regulations to operationalise the Amendment Acts following the required public participation process.”
President Ramaphosa has assented to the PSA and PAMA Amendment Acts on 26 March 2026 and 31 March 2026, respectively.
The PSA devolves administrative powers to Heads of Departments, and this is aimed at reducing both political interference and influence as well as promoting merit-based appointments.
It also enhances the role of the Director-General in The Presidency, clarify the role of the Public Service Commission (PSC) as well as providing clarity on the appointment and career incidents of heads of departments.
Similarly, the main purpose to amend the PAMA, 2014, was to further provide:
- For the transfer and secondment of employees;
- To provide clarification regarding the prohibition against employees conducting business with organs of state;
- To provide for the National School of Government (NSG) to be constituted as a national department; to provide for the removal of employment disparities across the public administration;
- To provide for the determination of conditions of service with financial implications; and to amend the schedule to effect certain consequential amendments.
- To harmonise public administration across all spheres of government, emphasising the importance of ethical standards and professional development.
DOING BUSINESS WITH THE STATE
In terms of the amended PAMA, an employee in the public sector may not conduct business with thestate; or be a director of a public orprivatecompany conducting incorporated in terms of the Companies Act 2008 that conducts business with the state.
A contravention in this regardis an offence, and any person found guilty of such offence will be liable to a fine or imprisonment for a period not exceedingfive (5) years or both (fine and imprisonment);
The contravention will also constitute serious misconduct which may result in the termination of employment by the employer.
However, the Minister may prescribe those certain transactions between an employee and an organ of state, which are remunerative, but not for profit and which are necessary for the functioning of an organ of state, do not constitute conducting business with an organ of state for the purposes of this section.
THE NEWLY INSERTED SECTION 8 OF THE PRINCIPAL ACT
An employee who, in respect of the award of a contract to a service provider,set criteria for the award;evaluated or adjudicated the award;recommended or approved the award; orparticipated in any activity may not, within the 12-month period, provide any service to, accept employment with, or accept appointment to a Board of, that service provider for payment in money or in kind, or receive any other gratification from that service provider.
A service provider may not within the 12-month period engage an employee who set the criteria to provide any service to the service provider; or employ the employee or appoint the employee to a Board of the service provider, for payment in money or in kind; or grant any other gratification to the employee.
It means this will apply irrespective of whether the employment of the employee continued or did not continue with the relevant institution during the 12-month period, or part thereof.
The executive authority may, in accordance with the prescribed criteria, approve a period shorter than the 12-month period. Any person who contravenes subsection (2) or (3) will be guilty of an offence and on conviction will be liable to a fine not exceeding R1 million.
However, the Minister responsible for the administration of justice may, from time to time by notice in the government Gazette, increase the amount of the fine.
The National School of Government
The National School of Government (NSG) is regarded as having been established in terms of this Act and must be constituted as a national department to enhance the quality and impact of human resource capacity through training.
The NSG will be effect to this with the view to achieve the progressive realisation of a capable public administration that is development oriented.
Moreover, the NSG according to the amended Act must:
- Provide education and training programmes or courses or cause education and training programmes or courses to be provided in the public administration;
- Must provide the compulsory education and training;
- May at the request of any public entity, provide education and training programmes or courses or cause education and training programmes or courses to be provided to that public entity;
- May collaborate and, if necessary, enter into agreements with other training institutions, higher education institutions;
- Continuing education and training institutions as contemplated in the Continuing Education and Training Act, 2006, and private sector training providers to assist in providing education and training;
- May conduct assessments, or cause assessments to be conducted, in respect of education and training programmes or courses;
- May, subject to the National Qualifications Framework Act, 2008 award qualifications or part-qualifications on the successful completion of education and training programmes or cause such qualifications or part-qualifications to be awarded; and
- May, issue certificates of attendance, proficiency or other recognition on the successful completion of education and training programmes or courses or cause such certificates to be issued.
Removal of disparities in public administration
To remove unjustifiable disparities in relation to remuneration and conditions of service for employees who do not fall within the scope of a relevant bargaining council, the Minister may, subject to applicable labour legislation and legislation governing the employment of employees in the public administration.
After consultation with the relevant Minister, prescribe norms and standards to establish the upper limits of remuneration and conditions of service; and steps to remove unjustifiable disparities in remuneration and conditions of service provided that these steps may not reduce any employee’s remuneration.
Indeed, this bold move aimed at strengthening accountability, promoting merit-based appointments, curbing all corrupt activities, improving and accelerating services is aligned to the National Development Plan’s (NDP) identified need for well-run and effectively coordinated state institutions with skilled public servants committed to the public good.
