A general view of MPs at the Cape Town City Hall on 22 March 2023. Picture: Gallo Images/Die Burger/Jaco Marais
The African National Congress (ANC) has used its majority in Parliament to reject a Democratic Alliance (DA)-sponsored bill which sought to address the political influence within the public sector.
The Public Administration Laws General Amendment Bill was first tabled in 2021 by DA MP Leon Schreiber.
The draft legislation aims to make it a criminal offence to interfere in appointments and prohibit political office-bearers from employment in the public sector.
Furthermore, the bill further sought to enhance the financial and administrative independence of the Public Service Commission (PSC).
It also proposed to mandate the PSC to enforce merit-based appointments.
Speaking in the National Assembly on Wednesday, Portfolio Committee on Public Service and Administration chairperson Teliswa Mgweba said that through the public participation process, it was found that the bill clashed with other legislation already in the works.
Mgweba highlighted that the Public Administration Management Amendment Bill and the Public Service Amendment Bill addressed “similar aspects” the DA’s “undesirable” bill seeks to achieve.
“The Public Administration Laws General Amendment Bill mirrored the above-mentioned bills before the committee,” Mgweba said, adding that the ANC rejects the proposed legislation.
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Defend his party’s bill, Schreiber cited the State Capture Commission’s findings, which concluded that cadre deployment was unlawful and unconstitutional.
The DA MP argued that cadre deployment was “a virus” which has “infected every part of our lives”.
“I invite you to simply go on to the streets and have a five-minute conversation with an ordinary citizen. You will quickly realise that the people of this country know why Eskom no longer provides them with electricity.
“They know why they cannot take the train to work, why police don’t catch criminals, and why there is no longer any water coming out of their taps. The people of South Africa understand why the social grants they need to survive are no longer paid,” he said.
Economic Freedom Fighters (EFF) MP Rosina Komane criticised the ANC-led government for “crippling” the public sector.
“It’s now riddled with corruption and nepotism by senior officials,” Komane said.
“Just because the ANC has poorly managed the state since 1996 doesn’t automatically mean that political appointments lack merit. We are attempting to address ANC corruption with legislation.”
Inkatha Freedom Party (IFP) MP Mkhuleko Hlengwa said legislation was only effective and functional if enforced.
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“We recognised the importance of this bill in empowering the Public Service Commission to take remedial action where deemed applicable and necessary…. most importantly in prohibiting special service benefits for directors-general and HODs [Heads of Department] who get dismissed from public service due to a plethora of reasons,” he aid.
Hlengwa said it was concerning that it has “become a norm for employment in the public sector to be directly linked and influenced by a person’s political affiliation”.
Only the ANC and Pan Africanist Congress of Azania (PAC) rejected the bill with 202 votes, while 193 MPs voted in favour.
Meanwhile, the ANC is reportedly heading to the Constitutional Court (ConCourt) in a bid to hide its deployment committee records.
This is after the Supreme Court of Appeal (SCA) dismissed the ANC’s application to appeal a high court judgment ordering the governing party to release records to the DA.
The records include meeting minutes, emails and WhatsApp conversations dating back to 2013.
The DA initially lodged a request for the ANC’s records in terms of Promotion of Access to Information Act (PAIA) in 2021 as part of the party’s bigger pursuit to have cadre deployment declared unconstitutional and illegal.
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