Public Service Amendment Bill 2023 [B13B—2023]

PARI and TEI support the Public Service Amendment Bill 2023 for its efforts to separate political and administrative roles by transferring operational powers from ministers and MECs to Heads of Department (HODs). While welcoming these changes, the authors argue the Bill lacks sufficient checks and balances for senior appointments and contains ambiguities regarding the overlapping roles of the President, Premiers, and Ministers. They recommend expanding the role of the Public Service Commission (PSC) in merit-based selection and clarifying the grounds for HOD dismissal to align with the Labour Relations Act.

• The Bill is supported for transferring operational and administrative powers—including appointments, performance management, and discipline—from ministers and MECs to Heads of Department (HODs), which helps insulate the public administration from political interference.
• There is a risk of conflict and competing instructions within departments due to ambiguity in the Bill regarding the distinct powers of the President/Premier as 'executive authority' versus the Minister/MEC.
• The authors propose that the Public Service Commission (PSC) should play a more robust role in administering appointment processes to ensure merit-based selection, potentially phased in by designating specific departments.
• The Bill contains a legal gap regarding the termination of HODs; it does not explicitly empower the President or Premier to dismiss an HOD for reasons other than misconduct, such as poor performance or ill health, as permitted by the Labour Relations Act.
• The authors strongly support the new section 36A prohibiting HODs and their direct reports from holding political office in a party, but suggest extending this prohibition to all members of the Senior Management Service (SMS).

APA

Public Affairs Research Institute (2025). Public Service Amendment Bill 2023 [B13B—2023]. https://pari.org.za/wp-content/uploads/2025/07/20250630_PSAA-B13B-2023_Submission_PARI_TEI_v1.pdf

Chicago

Public Affairs Research Institute. Public Service Amendment Bill 2023 [B13B—2023]. 2025. https://pari.org.za/wp-content/uploads/2025/07/20250630_PSAA-B13B-2023_Submission_PARI_TEI_v1.pdf.

Wikipedia

{{cite press release |author=Public Affairs Research Institute |title=Public Service Amendment Bill 2023 [B13B—2023] |date=30 June 2025 |url=https://pari.org.za/wp-content/uploads/2025/07/20250630_PSAA-B13B-2023_Submission_PARI_TEI_v1.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{publicaffairsresearchinstitute2025public, author = {{Public Affairs Research Institute}}, title = {{Public Service Amendment Bill 2023 [B13B—2023]}}, publisher = {Public Affairs Research Institute}, year = {2025}, month = jun, url = {https://pari.org.za/wp-content/uploads/2025/07/20250630_PSAA-B13B-2023_Submission_PARI_TEI_v1.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }