Shooting down the Democratic Alliance's (DA's) so-called "End cadre deployment bill", the African National Congress (ANC) argued the bill was "undesirable" because the executive has similar legislation in the works.
However, this is not entirely the case: A bill currently before Parliament does not contain the measure in the DA's bill that would have isolated the Public Service Commission from political interference, albeit that it does have provisions to "ensure that there is a clear delineation between the political and administrative roles".
Last Tuesday, the National Assembly voted on the Portfolio Committee on Public Service and Administration's report on the Public Administration Laws General Amendment Bill (PALGAB), a private member's bill introduced by DA MP Leon Schreiber in 2021, which he held up as the "cure for cadre deployment".
Only the ANC and Pan African Congress's sole MP voted against the PALGAB.
The chairperson of the Portfolio Committee on Public and Administration, ANC MP Teliswa Mgweba, said in the debate preceding the vote: "Honourable members, all legislative and policy reforms in the public service are consistent with and complement the Public Administration Laws General Amendment Bill.
"Based on the existing legislative amendments in the public service, the committee resolved to recommend to this august House that the Public Administration Laws General Amendment Bill is undesirable as it complements the existing bills drafted by the Department of Public Service and Administration."
However, the Public Service Amendment Bill, introduced by the executive, does not contain the provisions that Schreiber proposed to curb cadre deployment.
A key element of the PALGAB is prohibiting employees of the Public Service Commission (PSC) from having any political office.
In the PALGAB, "regional office" is defined as follows: "[a] the position of chairperson, deputy chairperson, secretary, deputy secretary or treasurer of the party organisation nationally or in any province, region or other area in which the party operates; [b] any position in the party or organisation equivalent to a position referred to in paragraph [a], irrespective of the title designated to the position; or [c] any position of authority in that party, organisation or structure".
The bill states an employee of the PSC "may not hold political office in a political party or political organisation, whether in a permanent, temporary or acting capacity".
The now scuppered bill would have required the PSC to give directions to every sector, administration and institution in the public service for every decision related to recruitment, transfers or promotions to be in line with the Constitution.
It must be based on ability, demonstrated by proficiency, including training or other qualification, and skill that is required for the relevant area.
It must also be based on objectivity and fairness, so that any recruitment, transfer or promotion is done on merit alone, does not favour or prejudice any person because that person supports, or does not support, a particular political party or cause.
The directions must "ensure that employment and personnel management practices are based on objectivity and fairness, including a prohibition on any recruitment, transfer, promotion or dismissal being effected based on, in part or in whole, a particular person's support of, or opposition to, a particular political party or cause".
Furthermore, anyone not compliant with these directives would be "guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months or to both a fine and such imprisonment".
Neither the Public Service Amendment Bill, nor the Public Administration Management Amendment Bill, has any such provisions.
The Public Service Amendment Bill does, however, have some provisions dealing with cadre deployment.
The bill has a clause that would "prohibit a head of department and an employee directly report...