Chairperson of the Public Service Commission (PSC) Prof Somadoda Fikeni believes the draft
legislation to professionalise the public service will receive the necessary support and approval.
Both the Public Administration Management Amendment Bill and the Public Service Amendment Bill
are set to be tabled at the National Council of Provinces (NCOP) before they could get the requisite
approval by the President Cyril Ramaphosa.
If passed, the bills will help to improve the sector, strengthen the public administration to promote
efficiency and good governance with a common purpose and better coordination across government.
However, Prof Fikeni is confident the bills will pass master and get the necessary approval.
“The journey towards the amendment of the bills as well as the development of the
Professionalisation Framework has been a long one that started in earnest in 2020,” Fikeni tells
SAIGA.
“Throughout that journey there have been extensive engagements and consultations across the
public sector. Certainly, the requisite commitment from all stakeholders was attained and barring any
constitutional impediment, I do believe that it will receive the necessary support and approval.”
Fikeni has further explained the impact of bills in relation to the role of the PSC, explaining that the
principal objective of the respective bills was to create the necessary alignment with Chapter 13 of
the National Development Plan which is focussed on building a capable and developmental state.
It accordingly made particular proposals on strengthening the role of the Public Service Commission,
the creation of an administrative head of the public service and instilling a meritocratic recruitment
system.
“The purpose of these and other proposals is to stablise the political-administrative interface, to
ensure greater accountability and to make the public service a career of choice,” he says.
“Both bills largely represent a good start to professionalising the public service, but they are not
beyond critique as some provisions appear to provide sufficient clarity while others may result in
unintended consequences.
As part of the public sector reform process, it is important to ascertain the synergy with other pieces
of legislation as well at the National Framework Towards the Professionalisation of the Public Sector
(Professionalisation Framework). It is therefore important to obtain that level of certainty, synergy and
harmony.”
In respect of the Public Service Amendment Bill, there are two critical amendments that have the
potential to change the institutionalisation of the public service. The first critical amendment relates to
clarifying the respective roles of the executive authority and the head of department to make it
consistent with the Public Finance Management Act (PFMA) and to stabilise the
political/administrative interface.
In the amendment of section 3(7) of the Act, the powers and duties of the executive authority are
revised, solidified and strengthened to encompass a broader corporate governance role.
In fact, the amendments reflect the corporate governance approach that is used in the King IV
Report. In summary, the role and the responsibility of the executive authority is similar to that of a
governing body which is defined as a structure that has primary accountability for the governance
and performance of an organisation.
As per the amendments, the role and responsibilities of the executive authority include:

 Steering and setting the strategic direction of the department in respect of the department’s
strategic plan. This also includes the manner in which governance areas and core objectives
are to be approached and met and specific emphasis on the constitutional, legislative and
other functional mandate of the department.
 Approving the policy and planning that give effect to the strategic plan
 Ensuring accountability for departmental performance by holding the department’s head
accountable for the administration of the department
 Overseeing and monitoring the implementation and execution of strategic plan by head of
department and his/her delegates.
The second critical amendment involves the powers of head of departments and the creation of the
Head of the Public Service. The amendment of section 7(3) provides administrative powers to the
Head of Department (HOD) that were previously granted to the executive authority.
The amendment further provides additional powers to the Director-General in the Presidency which
creates same to be the Administrative Head.
Likewise, the Director-General (DG) in the Office of the Premier will assume the additional role of the
Provincial Administrative Head. The granting of administrative powers to HODs is consistent with the
need to professionalise the public service, it will assist in stabilising the public administrative interface
and it is in accordance with the National Development Plan (NDP) and previous studies conducted
by the PSC.
However, Fikeni has raised concern about the fact that the amendment would vest too much
responsibility in the Director-General of the Presidency as well the Director-General in the Office of
the Premier which may result in an overburdened post.
“There is further a potential unintended consequence of creating a power bloc in the absence of
sufficient checks and balances. The proposal in Chapter 13 of the NDP in respect of the hybrid
approach to recruitment of Directors General and Deputy Directors General that would involve the
Public Service

Commission and the Head of the Public Service Commission had the greater potential of ensuring
greater level of accountability through a system of checks and balances,” Fikeni says.
What impact do you think the bills will have, and do you think that it will enhance professionalism,
efficiency and responsiveness of the public service and administration in South Africa?
“One should consider the bills together with the Professionalisation Framework. The proposed
reforms in the public sector through the Professionalisation Framework are considered ground-
breaking interventions but only if its implementation is taken to its logical conclusion through the
construction of an agreed vision and a comprehensive implementation plan,” Fikeni explains.
“Legislation on its own will not create the required change and therefore it is hoped that through the
Professionalisation Framework, there will be paradigm change, character formation and capability
improvement in the public sector.”
The bills, however, will fulfil their purposes without encroaching on the constitutionally identified roles
of the different spheres of government. Some principal amendments include conducting business
with the state, the role of the National School of Government; capacity development by institutions;
and norms and standards around the constitutional values and principles.