The Public Service Commission of South Africa has announced plans to request an additional R435m in funding from the Treasury over the next four years. This move comes as the commission's mandate expands, following the enactment of the Public Service Commission Bill by President Cyril Ramaphosa last week. The new act grants the commission the power to issue binding directives, which can only be set aside by a court of law.
Prior to the enactment of the bill, the commission's findings were merely recommendations that could be ignored with little consequence. However, with the new act, the commission now has the legal power to investigate and issue directives. This change aims to address the issue of consequence management in the public service, which has been a longstanding problem in the country. The commission's chair, Somadoda Fikeni, emphasized that the new act provides the necessary teeth to arrest corruption and poor public sector governance.
The Public Service Commission's expanded mandate includes the power to conduct investigations into personnel and public administration management practices in municipalities. This new authority will enable the commission to focus on municipalities' financial spending, including tracing the causes of high overtime budgets for employees. According to a 2024/25 Treasury report, municipalities' overspend on overtime, amounting to R316.6m, poses a significant fiscal risk and highlights weaknesses in payroll management and internal controls.
The commission's new powers also include the ability to issue directives that must be implemented within a specified period. If a person to whom a direction is issued believes they have a valid reason not to implement it, the matter must be taken on review in a court of law. Furthermore, the act provides for a phased-in approach to the commission's confirmed mandate, with the implementation of the commission's mandate in relation to municipalities and public entities suspended for 12 months.
Experts have welcomed the commission's expanded mandate, saying it should improve service delivery in municipalities. Unisa political analyst Dirk Kotze noted that the commission's entry into providing oversight in municipalities' administration is a sign that provincial legislatures have failed in monitoring and supporting municipalities. Meanwhile, Lungelwa Kaywood of Stellenbosch University cautioned that municipal officials should not be allowed to challenge the commission's decisions in court using municipal funds.
The amended act also gives the commission more teeth against those who do not show up when summoned by it. A breach in summons shall result in an offence and be liable on conviction to a fine not exceeding R50,000 or to imprisonment for a period not exceeding 12 months. This move is part of a broader effort to build an "accountability ecosystem" in the country, with multiple institutions working together to make it harder for failing municipal officials to escape scrutiny.
The Public Service Commission's budget for the 2026/27 financial year is R354m, and it is seeking an additional R28m. For 2027/28, the commission has a budget of R368m and wants an additional R98m. The commission's chair, Somadoda Fikeni, emphasized that the new act helps to tighten the noose and give more muscle to the commission's constitutional bodies.
Key points
- The Public Service Commission seeks R435m in additional funding over four years to implement its expanded mandate.
- The commission's new powers include the ability to issue binding directives and investigate municipalities.
- Experts welcome the move, saying it should improve service delivery in municipalities and build an "accountability ecosystem".
