According to Chapter 10 (Section 195 [1]) 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:
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;
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:-
Name of Entity | Legislative Mandate | Financial Relationship | 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 | Transfer payment | 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 | Transfer payment | 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 | Transfer payment | Mandated to provide or facilitate the provision of training to public servants |
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.
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.
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.