General Notice No. 172 of 2021

The public Administration laws General Amendment Bill, 2021 » Notice of intention to introduce a private...

Title	The public Administration laws General Amendment Bill, 2021 » Notice of intention to introduce a private Members Bill into parliament and invitation for public comment thereon
Department	Parliament of the Republic of SA
Gazette	National Gazettes, No. 44383 of 01 April, 2021, 4 page(s), 147Kb

STAATSKOERANT, 1 ApRil 2021
                              PARLIAMENT OF THE REPBULIC OF SOUTH AFRICA                         No. 44383    15

MARCH 2021
             No                      PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA
                                                    NOTICE 172 OF 2021
                                           DR. LEON SCHREIBER, MP
             NOTICE OF INTENTION TO INTRODUCE A PRIVATE MEMBER’S BILL
             AND  INVITATION  FOR  COMMENT  ON  THE  DRAFT,  NAMELY  THE

PUBLIC ADMINISTRATION LAWS GENERAL AMENDMENT BILL, 2021

Dr. Leon Schreiber, MP, acting in accordance with section 73(2) of the Constitution of the Republic
             of  South  Africa,  1996,  intends  to  introduce  the Public  Administration  Laws  General  Amendment
             Bill, 2021, in Parliament. An explanatory summary of the Bill is hereby published in accordance
             with Rule 276(1)(c) of the Rules of the National Assembly (9  Edition).
                                                                        th

The testimony delivered in front of the Commission of Inquiry into Allegations of State Capture
             since 21 August 2018 has revealed that political interference in the public administration, which has
             effectively erased the line of separation between party and state, is the foundation of state capture
             and systemic corruption in South Africa. As a result of this political interference, which results in the
             appointment of public servants and other officials on the basis of political loyalty rather than on the
             basis  of  demonstrated  merit,  South  Africa’s  public  service  is  collapsing  under  the  weight  of
             corruption and a lack of skills. Governance failures and widespread corruption, including in the form
             of systemic state capture, also occupy a central place in our country’s public discourse.
             The type of destructive political interference exposed by the Commission of Inquiry into Allegations
             of  State  Capture  is  possible  because  the  Public  Service  Act,  1994  (Proclamation  103  of  1994)
             provides for the President, Ministers, Premiers and Members of the Executive Council to be closely
             involved in the career incidents of public service servants, including appointment, promotion and
             dismissal,  without  enforcing  the  need  for  appointments  to  be  based  on  demonstrated  merit.  Most
             developed countries and many of South Africa’s developing country peers have long since made it
             impossible  and  unlawful  for  politicians  to  interfere  with  appointments  to  an  independent
             bureaucracy. This is the only way to ensure that merit trumps political patronage in the appointment
             of public servants.
             The  Draft  Framework  towards  the  Professionalisation  of  the  Public  Service  (“Framework”),
             published  by  the  National  School  of  Government  on  8  December  2020,  agrees.  It  states  that
             “Professionalising the Public Service requires a non-partisan approach. For this to be realised, the
             Public Service must be depoliticised and government departments must be insulated from the politics

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General Notice No. 172 of 2021

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