PRESENTATION TO THE PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATION

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2. PRESENTATION OVERVIEW. IntroductionObjectives of the investigationMethodologyRegulatory frameworkStatistical outline of Public Servants chose as Municipal Councillors.Management of Public Servants as Municipal Councillors.International PerspectivesRecommendationsConclusion. 3. Presentation.

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Introduction TO THE PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATION REPORT ON THE INVESTIGATION INTO THE MANAGEMENT OF PUBLIC SERVANTS IN TERMS OF PREVAILING PROVISIONS WHO ARE ELECTED AS MUNICIPAL Councilors IN THE LIMPOPO AND WESTERN CAPE PROVINCES Date: 7 November 2007

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PRESENTATION OVERVIEW Introduction Objectives of the examination Methodology Regulatory system Statistical diagram of Public Servants chose as Municipal Councilors. Administration of Public Servants as Municipal Councilors. Worldwide Perspectives Recommendations Conclusion

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INTRODUCTION During late neighborhood government races in 2006, open hirelings benefited themselves as hopefuls and were chosen as metropolitan councilors. On the off chance that the race of open hirelings as city councilors are not successfully checked & dealt with, the State could be confronted with the accompanying: Salaries might be paid to representatives who are no longer working for a Department/Provincial Administration. The execution of the representative might be adversely influenced as he/she might use official hours to take care of Council obligations. Since kindred workers may feel that there are authorities who get special treatment, it may affect contrarily on the resolve in divisions. Authorities filling in as councilors could perform profitable work outside the Public Service (RWOPS) without authorization to do as such as required by the administrative structure (Section 30 of the Public Service Act and the Code of Conduct). The question emerged with reference to whether open workers are filling in as chose open agents on low maintenance or full-time premise. The question is additionally raised considering the "fanatic" duties that run with holding political office.

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OBJECTIVES OF THE INVESTIGATION The examination intended to figure out if – there are open hirelings who have been chosen as civil councilors in the Limpopo and Western Cape areas open hirelings chose as low maintenance councilors are overseen by divisions as far as segment 30(b) of the Public Service Act, 1994 which gives that open hirelings may not perform compensated work outside the Public Service without getting the endorsement of the important Executing Authority or an officer approved by the specialist open hirelings chose as full-time councilors leave from the Public Service it is moral for an open worker to fill in as a chose open delegate and still stay utilized inside the Public Service The examination concentrated on offices in the Limpopo and Western Cape territories. The two territories have assorted profiles and can give valuable benchmark data and a decent reason for near examination.

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METHODOLOGY Municipalities in the two territories were educated of the PSC's examination, and data of all councilors chose to civil gatherings, both at region and neighborhood levels were asked. Data provided by regions were prepared and electronic information arrangements of area and neighborhood district were made. Electronic information records were submitted to PERSAL to distinguish metropolitan councilors utilized in the Public Service amid the 2006/07 money related year. Input from PERSAL was investigated and confirmed. Offices were asked for to confirm the business status of open hirelings who were chosen as metropolitan councilors.

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REGULATORY FRAMEWORK

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REGULATORY FRAMEWORK

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STATISTICAL OVERVIEW OF PUBLIC SERVANTS ELECTED AS MUNICIPAL Councilors According to the information acquired from the different districts, 1 877 people (open workers and non-open hirelings) serve on metropolitan committees. Of the 1 877 people, 1 057 are in Limpopo Province and 820 in the Western Cape Province. Out of the 1 877 people chose on city chambers, an exasperatingly high number were open hirelings (i.e. 606 people). In light of data got from the individual regions, of the 606 open workers serving on chambers, 456 were utilized in offices in the Limpopo and 150 in the Western Cape Provinces. PERSAL checked that the quantity of current open hirelings chose as metropolitan councilors, consequent to the civil decisions held in March 2006, is 340. The distinction of 266 between the information provided by the regions (i.e. 606) and that checked by PERSAL could be credited to the end of open hirelings' administrations and different components.

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STATISTICAL OVERVIEW OF PUBLIC SERVANTS ELECTED AS MUNICIPAL Councilors (proceeded) Of the 340 open workers chose as metropolitan councilors – 321 are in Limpopo and 19 in the Western Cape the dominant part are utilized in the Provincial Departments of Education (i.e. 73% on account of Limpopo & 72% in the Western Cape) 124 are female and 216 male the larger part (52%) falls in the age amass 40 – 49, trailed by the age bunches 30 – 39 (28%) and 50 - 59 (17%) 85% are utilized at the creation level, i.e. compensation level 1 to 8 .

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MANAGEMENT OF PUBLIC SERVANTS ELECTED AS MUNICIPAL Councilors Subsequent to acquiring & dissecting data from divisions, the PSC found, among others, the accompanying: Departments confirmed that all the influenced open workers are chosen as city councilors in low maintenance limit. Not in all cases were open hirelings educated by divisions' HR segments of the arrangements and conditions that manage their investment in city races. Open hirelings chose as councilors did not in all occasions ask for & get endorsement from the EA/assigned authority to perform gainful work outside the Public Service as is required under the Public Service Act, 1994 .

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MANAGEMENT OF PUBLIC SERVANTS ELECTED AS MUNICIPAL Councilors (proceeded with) Deficiencies distinguished in the administration of open hirelings chose as councilors incorporated the way that not all divisions – persistently screen the nature and degree of open hirelings' obligations and obligations as councilors figure out if the nature and degree of open workers' obligations and obligations as councilors are in struggle with their official obligations; screen the effect that open workers' obligations as councilors have on their participation and execution of work guarantee that open hirelings filling in as civil councilors play out their obligations as councilors outside authority hours require that excursion leave be taken in cases where representatives need to perform Council-related obligations amid authority hours of work In the Office of the Premier and the Department of Agriculture in Limpopo, and in addition the bureaus of Agriculture and Health in the Western Cape, control measures were actualized to oversee open workers chose as low maintenance councilors.

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PUBLIC SERVANTS ELECTED AS MUNICIPAL Councilors: INTERNATIONAL PERSPECTIVES Lessons that could be drawn from Nigeria, Botswana, India, Canada and Australia incorporate the accompanying in regard of open workers chose as civil councilors: The Nigerian Public Service restricts the investment of open hirelings in political exercises. In Botswana, if an as of now serving official joins governmental issues, he or she is relied upon to end his or her administrations with the State totally. The Indian circumstance is pretty much like that of Botswana and Nigeria, a man must be a government worker or a legislator. The Canadian Public Service has issued Political Activities Regulations. These are very thorough and fill in as a decent perspective for the South African Public Service in such manner. These controls accommodate leave without pay for open hirelings wishing to end up applicants in political races. The Canadian PSC is endowed with the duty to fulfill itself that a worker's capacity to play out his or her obligations in a politically unprejudiced way won't be disabled by turning into a hopeful in races.

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PUBLIC SERVANTS ELECTED AS MUNICIPAL Councilors: INTERNATIONAL PERSPECTIVES In Australia (offices) in interview with the worker may decide the fitting planning of leave or renunciation considered current obligations and the level of political action if the representative is chosen as a councilor. Divisions apply attentiveness in deciding to what degree a worker's unprejudiced nature is traded off. What turned out clear from this examination is that the lion's share of nations (Nigeria, Botswana, and India) don't permit open workers to hold political office in view of the divided obligations connected to political office.

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RECOMMENDATIONS The PSC firmly trusts that the act of keeping on utilizing open workers chose as low maintenance councilors ought to be ended considering the factional obligations that run with holding political office. In the event that the practice is to proceed with, the administration of such open hirelings should be enhanced as far as the accompanying issue territories recognized: Departments should enhance the administration of data/information and compelling record continuing, including the general refreshing and support of exact records including subtle elements of open hirelings chose as city councilors and endorsements for compensated work outside the general population benefit. Divisions ought to on a yearly premise decide and record patterns relating to, among others, the execution of Council-obligations by open workers amid available time. Besides, the duty of deciding and recording patterns ought to be designated to particular authorities. Uncommon care ought to be taken by divisions to guarantee that the present prescripts controlling the execution of compensated work outside the Public Service are clung to (HoDs to take note of their obligations in such manner apportioned to them by the Public Service Act, 1994 ,

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