New Law Bans Heads of Departments From Holding Political OfficeCosatu Welcomes ‘Rational Compromise’

President Cyril Ramaphosa has ratified the Public Service Amendment Bill , which came into effect on 1 April.

The new legislation prohibits heads of departments and employees directly reporting to them from holding any political office within political parties, whether permanently, temporarily, or in an acting capacity.

The Transition Period

“A person who has been appointed as a head of department or as an employee, who directly reports to the head of department, before subsection takes effect, shall comply with subsection within one year of the commencement of subsection,” reads the now-enacted amendment bill.

The Purpose

The summary of the bill states that the purpose of the prohibition is to ensure that there is a clear delineation between political and administrative roles and responsibilities for heads of department and the influence employees reporting to them might have in the department.

The Constitutional Court Ruling

The Constitutional Court ruled last year that the blanket prohibition on municipal employees holding political office in political parties was unconstitutional and invalid. The new bill narrows the prohibition to senior officials.

Cosatu’s Mixed Feelings

Labour federation Cosatu expressed mixed feelings regarding the legislation.

Cosatu’s parliamentary coordinator Matthew Parks said they initially had reservations about the drafts, but were pleased that after robust and constructive engagements, concerns of workers were addressed.

“We are pleased with the narrow limitation of political rights to a specific senior category of persons and that an ill-considered proposal to extend this to all public service workers was stopped. This would have undermined workers’ constitutional rights.”

“The bill achieves the correct balance and a rational compromise.”

What Else the Bill Does

Apart from prohibiting senior managers from holding political office, the Public Service Amendment Bill also provides for:

• The devolution of administrative powers from executive authorities to heads of departments

• Measures for the recovery of overpayments

• The role of the Public Service Commission in grievances

• The role of the president and the premier in the appointment and career incidents of heads of departments

The Minister’s Welcome

Public Service and Administration Minister Mzamo Buthelezi welcomed the signing into law of the two bills, calling it “a significant step forward in building a capable, ethical, and professional public service.”

“These reforms align with President Cyril Ramaphosa’s vision for a professional, efficient, and ethical public service, as emphasised in the State of the Nation Address.”

“The Act empowers heads of departments with administrative powers, enhances the role of the director-general in the Presidency, clarifies the role of the Public Service Commission, and provides clarity on the appointment and career incidents of heads of departments.”

The Bottom Line

Heads of departments can no longer hold political office. They have one year to comply.

The bill is now law. The compromise is struck. And the public service is supposed to be more professional.

Now comes the hard part: implementation.