The Oversight Committee on the Legislature and the Premier’s Office concluded the final leg of its public hearings on the amendment of the Public Service Commission Bill (a Section 76 Bill) at the Thembisile Hani Local Municipality in the Nkangala District on Tuesday, February 3.

Committee chairperson Trudie Grové-Morgan said the public hearings on the Bill had been conducted across the province to gather input from residents affected by the proposed legislation.

Siphosezwe Mahlangu, a member of the committee and chairperson of the Select Committee on Public Participation, Petitions and Members’ Legislative Proposals, outlined the purpose of the hearing. He explained that the Bill focuses on how government entities operate in service of the people.

He added that the legislature has a responsibility to facilitate consultation with the public when laws are drafted. “This must be done in a transparent and inclusive manner,” Mahlangu said.

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Public Service Commission (PSC) commissioner Ashley Searle, who is based in the Western Cape, provided an overview of the commission, explaining that it is a constitutional body and a Chapter 10 institution. He noted that while its work is similar to that of the Public Protector, it is not the same.

Searle said national government had directed the PSC to fully execute its mandate by ensuring that all spheres of government and state-owned institutions carry out their responsibilities effectively.
“The PSC ensures that everyone who requires services receives them in an orderly manner and according to the highest standards,” he said.

“Services must be delivered equally and fairly to all citizens.”

He added that the commission conducts investigations and inspections into the suitability of institutions to serve the public, while also ensuring that public servants are treated fairly.

Searle explained that the amendment bill seeks to effect changes to the existing legislation, which was passed in 1997. At the time, the legislation did not include municipalities, but this amendment provides for their inclusion.

The PSC’s legal advisor, Shukrat Makinde, presented the Bill’s contents in detail. She referred participants to the preamble, which outlines the purpose of the Bill, including the regulation of the PSC in terms of Section 196 of the Constitution; the appointment of commissioners; the establishment of the commission’s secretariat; the repeal of the Public Service Commission Act of 1997; and matters connected therewith.

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Makinde also addressed clauses dealing with definitions and the application of the Act, including local government as defined in Section 151 of the Constitution; public entities as defined in the Public Finance Management Act (PFMA); the public service as defined in the Public Service Act of 1994; and the establishment of the commission’s secretariat in terms of the Public Service Commission Bill of 2023.

Following the presentation, various stakeholders – including government departments, state-owned entities, traditional leaders, labour organisations and community members – were given the opportunity to comment on the Bill and its provisions. It received overwhelming support, with a few inputs submitted both orally and in writing. Further submissions may be submitted to the committee no later than April 27.