PUBLIC RESOURCE MANAGEMENT 11

1. Review the legislative points made in the table below and compete the table. Comment and provide supporting evidence on how your organisation implements and adheres to the points made. (28 marks)

Legislation Comments In a nutshell the constitution (Chapter 10) requires that good human resource management practices be cultivated 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 Public Service Act, 1994, in section 3 (7) entrusts an executing authority with all those powers and duties necessary for: (1) the internal organisation of the department concerned, including its organisational structure and establishment, the transfer of functions within that department, human resources planning, the creation and abolition of posts and provision for the employment of persons additional to the fixed establishment; and (2) the recruitment, appointment, performance management, transfer, dismissal and other career incidents of employees of that department, including another matter which relates to such employees in their individual capacities. In accordance with section 7 (7) of the Public Service Act, only the head of a national department and the office of a premier may bear the designation of director-general. Section 9 of the act stipulates that an executing authority may appoint any person in his or her department in accordance with the act and in such manner and on such conditions as may be prescribed. Section 10 (1) of the Public Service Act further stipulates that no person should be appointed permanently, whether on probation or not, to any post on the establishment in a department unless he or she (1) is a South African citizen or permanent resident; and (2) is a fit and proper person. Section 11 (1) of the Public Service Act stipulates that, in the making of appointments and the filling of posts in the Public Service, due regard shall be had to equality and the other democratic values and principles enshrined in the constitution. Section 11(2) of the act takes these principles one step further by requiring that all persons who applied and qualify for the appointment concerned shall be considered. Furthermore the evaluation of persons shall be based on training, skills, competence, knowledge and the need to redress, in accordance with the Employment Equity Act, 1998, the imbalances of the past to achieve a public service broadly representative of the South African people, including representation according to race, gender and disability. Section 12 (1) of the Public Service Act entrusts the president with the power to undertake and manage the appointment and other career incidents of heads of department and government component at national level. Section 42A(3) allows the president to delegate to the deputy president or a minister any power conferred on the president by section12. The president has subsequently, in accordance with section 42A(3) of the Public Service Act, delegated some of his powers to the deputy president and ministers. In this regard attention is drawn to the presidents letter to the deputy president and ministers dated 8 October 1999. It should be noted that the powers for deployment of HoDs in terms of section 12(3) of the Public Service Act has not been delegated. Section 12(2) of the stipulates that a person shall be appointed to the post of head of department in terms of section 9 for such term, not exceeding five years, as the relevant executing authority may approve. The person appointed as head of department shall conclude the prescribed contract within the prescribed period (Annexure 2 Part 1 of the Public Service Regulations, 2001). The relevant executing authority may at the expiry of the term of office of an HoD or at the expiry of an extended term of office extend the term for a period of not more than five years at a time. Such extension should serve before cabinet. In terms of section 13 (1) of the Public Service Act, the appointment of a person as HoD or DDG shall be made on probation, unless the person having the power to approve such an appointment directs otherwise. The period of probation shall not be less than 12 calendar months. Public Service Regulation (PSR) 1/III/B.2 stipulates that an EA shall, based on the strategic plan of the department (1) determine, after consultation with the minister (MPSA), the departments organisational structure in terms of its core and support functions; (2) define the posts necessary to perform the relevant functions while remaining within the current budget and medium-term expenditure framework of the department, and the posts so defined shall constitute the departments approved establishment; (3) grade proposed new jobs according to the job evaluation system referred to in PSR 1/IV; and (4) engage in human resource planning in accordance with PSR1/III/D with a view to meeting the resulting human resource needs. In accordance with PSR 1/III/F(b) an EA shall, before creating a post for any newly defined job, or filling any vacancy, evaluate the job in terms of the job evaluation system. PSR 1/V/C.1 further requires an EA to determine the grade of a post to correspond with its job weight and to set the commencing salary of an employee on the minimum notch of the salary range attached to the relevant grade, unless the salary proves inadequate under the criteria in PSR V/C.3. In accordance with the last-mentioned regulation an EA may set the salary for a post or an employee above the minimum notch of the salary range indicated by the job weight (1) if she or he has evaluated the job, but cannot recruit or retain an employee with the necessary competencies at the salary indicated by the job weight; and (2) she or he shall record the reason why the salary indicated by the job weight was insufficient. PSR 4/II/B stipulates that persons newly appointed to the SMS shall be employed in a permanent or temporary capacity in posts on the fixed establishment. Where persons are appointed to the SMS in a temporary capacity, it shall be for a fixed term or for a specific project. PSR 1/VII/C.2.3 stipulates that Any vacant post in the SMS shall be advertised nationwide. According to PSR 1/VII/C.2.5 an EA may only fill a vacant post in the SMS without complying with PSR 1/VII/C.2.3 (i.e. compulsory advertising of SMS posts) if the (1) department can fill the post from the ranks of supernumerary staff of equal grading; (2) department can absorb into the post an employee who was appointed under an affirmative action programme, if she or he meets the requirements of the post; (3) department plans to fill the post as part of a programme of laterally rotating or transferring employees to enhance organisational effectiveness and skills; or (4) post is filled in terms of section 12(3) (transfer of a HoD) of the Public Service Act. The PSR include a number of key principles on which recruitment and selection must be based. Some of these have general application while others focus on the SMS in particular. These include inter alia the principles of open competition and fair selection processes. Employment practices should further maximise flexibility, minimise administrative burdens on both employer and employee, and generally prevent waste and inefficiency. The Employment Equity Act stipulates that all designated employers shall submit employment equity plans, which shall include targets for employment of people from the designated groups. The Labour Relations Act outlaws discrimination in the work place and sets out measures for the protection and promotion of people who were previously disadvantaged. 3.16 The Promotion of Access to Information Act (PAIA) gives effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights. The Promotion of Administrative Justice Act (PAJA) gives effect to the right to administrative action that is lawful, reasonable and procedurally fair and to the right to written reasons for administrative action as contemplated in section 33 of the constitution.