Public Service Commission’s Right of Reply to Dr. Clyde N.S. Ramalaine's Article

02 March 2024

Introduction

In the article titled " Ongoing Crisis at C-BRTA: Mbalula's Trusted Lieutenant- CEO Mboyi's intermittent MPHIL claims, Board Negligence, PSC Inaction and the implications of the ANC Cadre Deployment" https://ramalainetalkpoliticalanalysis.wordpress.com/ remarks are made about alleged inaction of the Public Service Comission (PSC) to pursue an investigation into the qualifications of Mr. Lwazi Mboyi, the Chief Executive Officer of the Cross-Border Road Transport Agency (C-BRTA), and negligence of the C-BRTA Board, the following is noted:

The PSC wishes to state that it has no record of such a matter having been brought to the attention of the Commission for investigation. In addition, section 196 (4) (f) stipulates that the PSC may either of its own accord or on receipt of any complaint -

  1. investigate and evaluate the application of personnel and public administration practices and to report to the relevant Executive Authority and Legislature;
  2. investigate and monitor adherence to applicable procedures in the Public Service; and
  3. advise National and Provincial organs of State regarding personnel practices in the Public Service, including those relating to the recruitment, appointment, transfer, discharge and other aspects of the careers of employees in the Public Service.

Whilst the Constitution grants the PSC the power to initiate investigation on its own accord, the mandate of the PSC is currently limited to the Public Service and does not as yet extend to Public entities. Section 8 (a) of the Public Service Act, 1994, stipulates that the PSC may investigate compliance with this Act whilst section 9 of the Public Service Commission Act, 1997, determines that the PSC may inspect departments and has access to such official document, or may obtain information from the heads of the relevant departments, as may be necessary. Section 10 (1) of the Public Service Commission Act, 1997, stipulates that "The Commission may conduct an inquiry into any matter in respect of which it is authorized by the Constitution or the Public Service Act to perform any function."

The C-BRTA is listed in Schedule 3 of the Public Finance Management Act, 1999 (PFMA), as a National Public Entity and as such falls outside the scope of the Public Service Act. In addition, Rule 4 (1) (d) of the PSC Rules on Conducting Investigations stipulates that the PSC will not investigate matters involving public entities as listed in schedules 2 and 3 of the PFMA.

With due regard to the regulatory framework highlighted above, matters involving public entities, including the C-BRTA, do not fall within the ambit of the mandate of the PSC. The Public Protector is the correct constitutional body to deal with such a matter

It should be stated that the PSC exercise its powers and perform its functions without fear, favour or prejudice in the interest of the maintenance of effective and efficient public administration and a high standard of professional ethics in the Public Service. The current Public Service Commission Bill, seeks to extend the mandate of the PSC to public entities which will empower the Commission to investigate matters concerning public entities in the future.

The PSC can be reached at complaints@opsc.gov.za grievances@opsc.gov.za, National Anti-Corruption Hotline: 0800 701 701

Enquiries: Mr Humphrey Ramafoko on 0827821730 or HumphreyR@opsc.gov.za

Issued by the Public Service Commission

National Anti-Corruption Hotline: 0800 701 701
 

 

 

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