African Charter on Governance and Public Administration

1. SA Accession to the African CharterPresentation to the Portfolio Committee11TH September 2013Cape Town

2. Outline of Presentation • The Continental Governance and Public Administration Programme • Objectives of the Charter • Processes to Adoption of the Charter • Consultation processes on the Charter • Charter Articles and Provisions • Recommendation to Parliament

3. The Continental Governance and Public Administration ( G & PA) Programme • The Continental Governance and Public Administration programme is driven by the Conference of African Ministers for Public/Civil Service (CAMPS) • The programme commenced in 1994 and has had 8 Conferences held bi-annually under the auspices of the African Union. • South Africa Chaired the Conference for two consecutive terms during the 4th and 5th Conferences running between 2003 and 2008. Kenya took over from South Africa to chair 6th and 7th CAMPS. Congo-Brazzaville is the current Chair. • Under South Africa’s leadership, the Conference adopted a programmatic agenda based on seven (7) thematic areas including the Africa Charter on Values and Principles of Public Administration.

4. Objectives of the Charter • Ensure quality and innovative service delivery that meets the requirements of all users. •  Encourage the efforts of member states in modernising administration and strengthening capacity for the improvement of public service. •  Encourage citizens and users of Public services to actively and effectively participate in public administration processes. •  Promote the moral values inherent in the activities of Public Service Agents with a view to ensuring transparent service delivery. •  Improve the working conditions of Public Service Agents and ensure the protection of their rights. •  Encourage the harmonisation of policies and procedures related to Public Service and Administration among member states with the aim of promoting regional and continental integration. •  Promote equality between men and women as well as equality within Public Service and Administration structures. •  Strengthen cooperation among member states, Regional Economic Communities and the International Community for the improvement of public service and administration. •  Encourage the exchange of experiences and best practices in order to create a data base of information within the member states.

5. Processes to Adoption of the Charter • The origins of the Charter are traced to the Rabat Declaration, 1998 Morocco, which focussed on professionalism and ethics in the African Public Service. • The draft Charter was formally adopted at the 3rd Pan-African Conference of Ministers of Public Service: 5-6 February 2001, Windhoek, Namibia • The draft Charter adoption coincided with an increased momentum in the AUC to focus attention on establishing supportive strategies for governance and public administration capacity at the country level. • Following discussion on the draft Charter at the 5th Conference of Ministers of Public Service, the Executive Council of the AU asked member states to update the Charter by ‘going deeper’ and enriching the review process by sharing national perspectives on the reform process. • The draft Charter was adopted by the 6th African Ministers’ Conference convened by South Africa in October 2008 subject to further review by member states legal experts • The 16th Ordinary Session of the African Union Summit, held in Addis Ababa, Ethiopia, on 31st January 2011, adopted the African Charter on Values and Principles of Public Administration

6. Consultation Processes on the Charter • A key principle in the review and update of the draft Charter was that of ensuring an inclusive and participatory approach throughout the process. • The first consultative forum on the draft Charter was convened by Namibia in September 2005 • The draft Charter was further discussed at the ‘Regional Forum on Re-inventing Government in Africa: Building Trust’ convened by UNDESA in Addis Ababa 11-13 December 2006. • South African convened the SADC consultative Forum on the draft Charter in July 2007 • A further consultation on the draft Charter at a Continental level was convened by Algeria in August 2008 where a review process took place • As mandated by the 6th Conference, Mozambique convened an AU member states’ Senior Officials’ and experts’ consultation to review and further refine the draft Charter in September 2010 • Post ratification a regional consultation on the Charter was convened by Congo Brazzaville in December 2011 • As part of the consultation process the Charter has been reviewed by both the Department of Justice and Constitutional Development and the Department of International Relations and Cooperation

7. Charter Articles and Provisions CHAPTER I: DEFINITIONS, OBJECTIVES AND PRINCIPLES • Article I: Definitions • Article 2: Objectives • Article 3: Principles CHAPTER II: DUTIES OF THE PUBLIC SERVICE AND ADMINISTRATION • Article 4: Respect for Human Rights and Legality • Article 5: Access to Public Service • Article 6: Access to Information • Article 7: Efficient and Quality Service • Article 8: Modernization of the Public Service and Administration CHAPTER III: CODE OF CONDUCT FOR PUBLIC SERVICE AGENTS • Article 9: Professionalism • Article 10: Ethical Behaviour • Article 11: Incompatibilities and conflict of Interest • Article 12: Preventing and Combating Corruption • Article 13: Declaration of Assets

8. Charter Articles and Provisions cont… CHAPTER VI: MECHANISMS FOR APPLICATION • Article 23: Mechanisms for Application • Article 24: Reporting and Follow-Up Mechanisms • Article 25: Recognition and Award System CHAPTER VII: FINAL CLAUSES • Article 26: Cautionary Clauses • Article 27: Interpretation • Article 28: Settlement of Disputes • Article 29: Signature, Ratification and Accession • Article 30: Entry into Force • Article 31: Amendment and Revision

9. Recommendation to Parliament • In line with the Cabinet approval, it is recommended that Parliament grants final approval for South Africa to accede to the African Charter on Values and Principles of Public Service and Administration

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