New laws to root out graft in public service

Legislation that bars accounting officers and senior public servants from doing business with the South African state is on President Cyril Ramaphosa’s desk for sign-off. The amendments to two key laws seek to professionalise the state and dilute the parasitic influence of politicians over the public service. ‘The genesis of the legislation is the recommendations in the final report of the state capture commission chaired by former Chief Justice Raymond Zondo. The reforms they contain are crucial to averting a repeat of the systematic capture of sections of the state to enable extraction and corruption,’ writes Natasha Marrian in Business Day. She notes that the two pieces of legislation – amendments to the Public Service Act and the Public Administration Management Act – are hailed as groundbreaking and aimed at professionalising the public service, combating corruption and limiting executive influence by politicians over key administrative functions. After the National Council of Provinces (NCOP) passed the Public Service Amendment Bill (PSAB) and the Public Administration Management Amendment Bill (PAMAB) two weeks ago, the legislation has been approved by both houses of Parliament. ‘Crucially, the former addresses key recommendations from the Zondo commission (into state capture), as highlighted in Ramaphosa’s latest progress report on its implementation. The recommendations include the devolution of administrative powers from the executive authorities or politicians to heads of department and the establishment of the director-general in the presidency as head of the public administration.’ Marrian explains. The amendments include provisions on the way directives from political heads should be channelled – mainly through accounting officers – and a requirement that executive authorities record directives in writing. ‘It ensures that appointments are based on merit, instead of political connections or loyalty and prescribes a rigorous induction programme for public servants,’ Marrian notes.

However, the game changer in the PSAB is that it bans any accounting officer or anyone reporting to them directly from holding office in a political party, whether in a permanent, temporary or acting capacity. The PAMAB prevents employees from doing business with the state through criminalising it. ‘It introduces a “cooling off” period of 12 months for employees involved in procurement decisions. It bars them from working with related service providers immediately after their tenure, a key intervention to finally shut the damaging revolving door between the public and private sectors, which in many cases enables corruption and patronage,’ Marian writes in Business Day. However, the game changer in the PSAB is that it bans any accounting officer or anyone reporting to them directly from holding office in a political party. ‘The Public Affairs Research Institute highlighted this provision as a key remedial measure to depoliticise the state. The same provision in amendments to the Municipal Systems Amendment Act, which would have applied at local level, was struck down by the courts after an application by the South African Municipal Workers Union,’ she explains. Marrian adds the provision in the PAMAB that criminalises officials doing business with the state and deems it a dismissible offence is a crucial intervention. But as the institute notes, it is limited as it does not extend to officials in state-owned entities, which is a ‘major omission’. However, she notes, the amendments mark a solid start on the road to professionalising the public service and curbing corruption. ‘The amendments, once signed into law, would mark a crucial move towards improving state capacity, arguably the most meaningful since 1994. It has only recently been passed by the NCOP, but Ramaphosa could have signed it by now,’ Marrian argues. ‘It is, after all, a quick, solid win for his administration.'