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Handbook & Code of Conduct for PSC Members: Enhancing Governance

The Handbook & Code of Conduct for Public Service Commission (PSC) members aim to establish a framework for Commissioners' conditions of service, including appointment, remuneration, benefits, travel, and conduct regulations. The legislative framework, challenges, scope of appointment, acceptance of office, and other key aspects are outlined to ensure uniformity, good governance, and adherence to professional ethics.

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Handbook & Code of Conduct for PSC Members: Enhancing Governance

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  1. PRESENTATION ON THE HANDBOOK FOR MEMBERS OF THE PUBLIC SERVICE COMMISSION AND CODE OF CONDUCT FOR COMMISSIONERS PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATION 22 NOVEMBER 2023

  2. OUTLINE Introduction and Purpose Legislative Framework and Problem Statement Scope of Appointment and Acceptance of Office Administrative Support and Tools of Trade Official Travelling: Domestic and International Accommodation / Official Residence Remuneration Pension Benefits Performance Evaluation Termination of service Code of Conduct for Commissioners Conclusion • • • • • • • • • • • • 02

  3. INTRODUCTION AND PURPOSE The Public Service Commission (PSC) has developed a Handbook for Members of the PSC (Handbook), with a view to assist Parliament and Legislatures, as the employers, with a framework for the determination of conditions of service of Commissioners. The Handbook provides a guide to the acceptance of Office by Commissioners, including remuneration and benefits, official travel and accommodation, and other conditions of service such as pension benefits, performance evaluation, and termination of service. It seeks to ensure uniformity in the provision of service benefits; and strengthens good governance and accountability. The Handbook is presented to the Portfolio Committee for its approval and support for consideration by Parliament and Legislatures. The PSC has also developed a Code of Conduct (CoC) for Commissioners, which regulates conduct and behavior in the workplace, and associates the Commission with high standards of professional ethics and conduct as enshrined in Chapter 10 of the Constitution. • • • • • 03

  4. LEGISLATIVE FRAMEWORK • Establishment, independence and powers and functions of the PSC and appointment of Commissioners (s196). • Section 219 – Legislation and frameworks determining the salaries, allowances and benefits of any commission. • Establishment of an independent commission to make recommendations concerning the salaries, allowances and benefits – s219 (2). Constitution provides for • Provides for the regulation of the PSC, such as the conditions of appointment and remuneration of Commissioners, and functions of the PSC. Public Service Commission Act, 1997 Public Service Act, 1994 • Provides for the regulation of the conditions of employment of members of the public service. 04

  5. PROBLEM STATEMENT There are a number of challenges with regard to how the conditions of service for the Commissioners of the PSC are processed:  Legislative disjuncture in that most of the conditions of service for the PSC Commissioners are similar to the Senior Management Service, which is appointed in terms of the Public Service Act, while the Commissioners are appointed in terms of the Constitution, as well as the Public Service Commission Act.  Risk of poor oversight due to the legislative disjuncture, as the PSC is expected to monitor and oversee the public service to promote effectiveness and efficiency.  Lack of annual salary progression for Commissioners, which results in them maintain the same entry level salary for their entire 5 to 10 year term/s. This is also contrary to the PSC Act, section 6(1)(b), which provides that ‘the other conditions of appointment as determined by the President shall not be less favourable than the conditions of service of a head of a department’. While Parliament and Legislatures, as the employers of the PSC Commissioners, have the responsibility to set conditions of service, this has not happened. Hence the PSC initiative to assist the employer in this regard and address some of the identified challenges. • • 05

  6. SCOPE OF APPOINTMENT Commissioners are appointed for a term of five (5) years, which is renewable for one additional term only. Commissioners serving the term of office shall not hold/occupy office in any political party or political organisation. Commissioners shall not, without the consent of the President, perform any remunerative work outside the duties of his/her office. Where a Member of the PSC seeks to engage in other activities such as serving on boards, and/or other activities other than the work of the Commission, prior approval shall be sought from the President after recommendation by the Plenary of the PSC. Invitations and speaking engagements outside the scope and mandate of the PSC shall be undertaken upon approval by the Plenary of the PSC. A member of the Commission (or a Commissioner) shall be required to take leave; and the costs for that engagement shall be borne by the organisation that invited the member unless the invitation is from a state institution and is not of personal nature. • • • • • 06

  7. ACCEPTANCE OF OFFICE Upon appointment and acceptance of office, relocation expenses with respect to travel costs and transportation of belongings and family members from the family home to the seat of office shall be arranged by the Office of the Public Service Commission in line with Supply Chain policies and borne by the state. In the event that accommodation is not readily available for the Member on assumption of duty, hotel accommodation not exceeding thirty (30) days shall be provided at the expense of the state, including storage and insurance of the personal belongings of the Commissioner. The Member of the PSC shall take full responsibility to look for accommodation at the seat of office, whether private or state-owned. The State as the employer shall confirm the appointment if required. If the Member prefers to drive his/her vehicle on relocation, the Member shall claim the kilometres travelled and subsistence allowance in accordance with the travel policy and payment shall be made upon submission of documentary proof. • • • • 07

  8. ADMINISTRATIVE SUPPORT AND TOOLS OF TRADE A Commissioner shall be provided with an office according to the applicable norms and standards as provided in the policy of the Commission. Support staff will be assigned to the Commissioner as provided for in the organisational structure of the office and applied in a uniform manner to all Members of the Commission, except in the case of a Member with special needs due to disability. In such case, Plenary may approve additional benefits in terms of support and other administrative arrangements. Tools of trade such as laptops, and laptop tablets with built-in connectivity capability will be provided. A Member of the PSC may claim for reimbursement of actual costs incurred for internet, additional data and calls, etc, subject to annual limits, and as amended from time to time. Equipment will be provided in accordance with the Conditions of Use Agreement signed on assumption of duty and receipt of the equipment. • • • • • 08

  9. OFFICIAL DOMESTIC TRAVEL Travel of the Members of the Commission shall be determined in the travel policy of the OPSC and cost-effectiveness should be put in mind when making travel arrangements. It is mandatory for the Members of the Commission to own a reliable and comprehensively insured vehicle to be utilised for official journeys at all times. A Commissioner is fully responsible for all running (including insurance) and maintenance costs, and the cost of registration and licensing of the vehicle. A Commissioner may not participate in the Subsidised Motor Transport Scheme. In case of bad road conditions and long-distance journeys taken for official duty, a Commissioner may obtain a rental vehicle. Commissioner is not able to drive him/herself, an official with a valid Driver’s Licence may be utilised to drive the Commissioner. • • • • • In case the 9

  10. OFFICIAL INTERNATIONAL TRAVEL If it is essential and in the interest of the Commission, official international trips may be undertaken, subject to the availability of funds. Taking into consideration the official duties of the Commissioner, the duration of the visit abroad should not exceed 14 days, including travel time. Commissioners traveling abroad on official business shall be entitled to a Diplomatic Passport and may be accompanied by not more than two support staff. Reasonable accommodation expenditure for lodging, laundry, and dry cleaning service, and daily allowance to the maximum daily allowance will be payable in terms of the Financial Policy. Where hosts bear the costs of accommodation, and meals, a maximum daily allowance for a specific country shall be payable to the Commissioner. • • • • all expenses towards travel, • 10

  11. ACCOMMODATION (Official Residence) A Commissioner may, for official purposes, occupy a state-owned residence, subject to availability, if recruited from a place that is far from the seat of office. The application for the occupation of a state-owned residence must be channelled through the Department of Public Works and Infrastructure (DPW&I), on acceptance of appointment Legislatures. The minimum rental as determined by the DPW&I shall be paid by the Commissioner in his/her personal capacity. A Commissioner shall personally sign a lease agreement with the DPW&I, and may arrange for a stop-order for the deduction of rental and utilities. Liability of loss of property or damage to property lies with the Commissioner whilst occupying state-owned property. Upon the end of the term of office or on relinquishing of office, a Commissioner and family are eligible to stay up to a period of one (1) calendar month. • • through Parliament and • • • • 11

  12. REMUNERATION Remuneration accordance with section 219(5) of the Constitution. of Commissioners will be determined in • An independent commission shall make recommendations concerning salaries, allowances, Commissioners for approval by the President from time to time. • and benefits of the The composition of the inclusive flexible remuneration package mirrors the composition of an inclusive package of Senior Managers as determined in the SMS Handbook. • 01 2

  13. PENSION BENEFITS Members of the PSC are required to become members of a pension fund, and those contributing to the Government Employees Pension Fund before they joined the PSC need not withdraw their benefits. • 13

  14. PERFORMANCE EVALUATION Introducing an annual salary progression: Where the employer is satisfied that a Commissioner performed duties satisfactorily for a period of at least 12 consecutive months in the financial year, a salary notch progression shall be granted at the end of the performance cycle – (linked to a financial year). • 14

  15. TERMINATION OF SERVICE Pension benefits of a Commissioner who resigned shall be calculated according to pension rules and regulations. With regards to leave credits, the Commissioner shall be paid all leave credits due to them. On expiry of contract after the first or second term of office, a Commissioner shall have completed their term and deemed to have retired from service and shall be entitled to:  Full benefits including leave gratuity and full pension benefits.  Gratuity payment in accordance with the following formula:  D/7 x 2 x (E+3) x F, where  D represents the salary (basic per annum) which at the time of his or her vacation of office was applicable to the Commissioner.  E represents the period in years of his or her period in such office; and  F represents the provision for the calculation of income tax calculated at a marginal rate of 40%. • • • 15

  16. CODE OF CONDUCT FOR COMMISSIONERS (PSC) A Code of Conduct (CoC) to regulate conduct and behavior in the workplace of the Members of the Public Service. The CoC clarifies the Commission’s mandate, values and principles, linking that with high standards of professional ethics as enshrined in Chapter 10 of the Constitution. The purpose of the CoC is to set norms and standards of ethically good and acceptable behaviour of the Commission. To regulate the general conduct of the Commission whilst executing its mandate. To outline conditions on which a Commissioner may be removed from the office by the President of the Republic. To ensure Commissioners behave in a manner that is socially acceptable and respectful to one another. • • • • • • 16

  17. CONCLUSION The PSC developed the Handbook with a view to support the Portfolio Committee, Parliament and Legislatures, as employers, in the provision of a framework for the determination of service conditions and remuneration. • The Portfolio Committee is requested to approve and support the Handbook for the Members of the PSC for application. • 17

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