Government agency provisions in Public Service Amendment Bill

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• Government agency provisions in Public Service
  Amendment Bill
• presentation to
• Workshop arranged by Portfolio Committee on
  Public Service and Administration,
• National Assembly
• 14-15 November 2006

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Location of government agencies (1)

• Part of public service means the Public
  Service Act and all its prescripts, except where
  otherwise provided, apply to organisation
  governance of agencies as well as its staff, i.e.
• Its staff are public service employees
• Its head is like head of a national/provincial
  department and accounting officer ito Public
  Finance Management Act
• Agency is a body created in terms of the Public
  Service Act, like2
• National departments Offices of the Premier
  listed in Schedule 1
• Provincial departments listed in Schedule 2

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Location of government agencies (2)

• Government agencies to be listed in Schedule 3
  together with principal department
• First proposed agency is the Centre for Public
  Service Innovation having DPSA as its principal
  department (p 9, lines 50 58 p 30
• Current Schedule 3 organisational components
  (Independent Complaints Directorate, Intelligence
  Academy Inspectorate for Social Assistance)
  moved to Schedule 1
• Apart from different designations, currently no
  difference between Schedules 1 3 bodies (cl 38)

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Creation of government agencies

• President may
• on national Ministers request and advice of
  Minister of Finance Minister for Public Service
  Administration (MPSA), establish a national
  government agency (p 10, lines 47-53)
• on Premiers request, after consultation with
  Minister of Finance MPSA, establish a
  provincial government agency (p 7, lines 45-51
  p 10, lines 54-7)

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Functions of governmentagencies (1)

• Agency may have original/assigned/delegated
  statutory functions
• Original legislation conferring functions
  directly on head of agency
• Assigned functions conferred on executive
  authority or official of principal department by
  national legislation may be assigned to head of
  agency in terms of Amendment Bill (proposed
  section 7A(3) in cl 10 - p11, from line 44)
• Delegated functions conferred on executive
  authority or head of principal department
  delegated to head of agency
• Difference between assigned delegated functions
• Functionary delegating remains accountable
• Functionary assigning, no longer accountable, but
  head becomes accountable

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Functions of government agencies (2)

• Since Parliament by legislation conferred
  particular functions on a functionary, it is
  proposed in the Bill that
• a Minister may only assign such functions to head
  of a government agency with Parliaments approval
• Such assignment must be done by notice in Gazette
• (p 11, lines 56-57 p 12, from line 6)

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Arrangements particular to government agencies

• For each government agency, a notice in Gazette
  must
• Must list relevant original functions of its head
• Must refer to notice/s on assigned functions
• May list delegated functions
• Must determine reporting requirements to head of
  principal department to enable head to assist
  executive authority with oversight on policy
  implementation, performance, integrated planning,
  budgeting service delivery
• May include any administrative or operational
  matter
• May establish advisory or consultative board
  without executive functions for agency (p 11,
  from line 19)

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Main differences between departments and
government agencies

• A government agency would be a body established
  to perform specific statutory functions
• Unlike departments, an agency would not have any
  core policy development function
• Unlike most departments, a government agency may
  have assigned functions with accompanying direct
  accountability
• A government agency is be partnered with a
  department which must assist the executive
  authority with oversight in respect of policy
  implementation
• Contrary to a department, a government agency may
  have an advisory or a consultative board

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• End