Shortage of labour relations officers and fear of retaliation among reasons for backlogs in civil service disciplinary cases

Public Service and Administration Minister Ayanda Dlodlo. Picture: Jacques Naude/African News Agency (ANA)

Public Service and Administration Minister Ayanda Dlodlo. Picture: Jacques Naude/African News Agency (ANA)

Published Dec 9, 2021

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Cape Town - Independent research commissioned by the Department of Public Service and Administration has found that a shortage of labour relations employees and fear of retaliation are among the reasons departments battled to finalise disciplinary cases.

This was revealed by Public Service and Administration Minister Ayanda Dlodlo when responding in writing to questions from DA MP Mimmy Gondwe.

Dlodlo said the research, funded by the Canadian government, was contracted to an independent expert to look into reasons for the backlogs and long overdue precautionary suspensions.

She said the research found that one of reasons some government departments were battling to finalise their disciplinary cases within the stipulated time frame was due to interference.

“It was alleged that suspensions were sometimes used as a tool to neutralise opposition, or employees, from different camps or interest groups.

“Heads of department and labour relations officials are scared to address interference due to a fear of retaliation,” the minister said.

Dlodlo also said the research found the reason for backlogs was due to unavailability of chairpersons in provinces, and the use of legal services to assist with discipline management cases without involving labour relations officials.

There were also appeals instituted by the employer to keep an official out of the workplace, usually when this person reported wrongdoing or corruption, and a shortage of labour relations employees.

The research also found the unavailability of tools of the trade, especially where educators were involved, and the complexity of cases due to sector-specific challenges, contributing to disciplinary cases not being completed within the stipulated time frame.

In capacitating departments that were battling with disciplianry backlogss, Dlodlo said her department held one-on-one meetings with the executive authorities of departments identified as having long-overdue disciplinary cases and precautionary suspensions to ascertain the reasons for the backlogs, and to pledge support.

“This was immediately followed by a workshop with the identified departments to address their backlogs.”

In January this year, director-general Yoliswa Makasi embarked on provincial meetings, where the issue of discipline management was addressed and compliance statistics were shared with departments.

Dlodlo also addressed a special Forum of South African Directors-General meeting in May 2021 to raise this issue with directors-general.

“A new guide on managing discipline in the public service was adopted and approved by the Minister of Public Service and Administration.

“From April 1, 2021, the implementation of this guide is compulsory. This guide specifically addresses the issues of appeals and precautionary suspensions,” Dlodlo said. She said interventions had had significant success.

“A decrease in suspensions and in the costs of precautionary suspensions, as well as an improvement in the capturing of cases on the personnel salary system, were noted at the end of March 2021.”

Dlodlo said the provinces had finalised 78% of their backlogs by the end of March.

“The cost of precautionary suspensions for national departments stabilised at about R20 million per quarter, and the cost of precautionary suspensions in provinces decreased to a new low level – almost R25m,” she said.

The minister said KwaZulu-Natal and the Free State, the two provinces that had the most precautionary suspensions, managed to reduce their backlogs.

“The Free State reduced their cost from R12m in quarter three to R6m in quarter four. KwaZulu-Natal managed to reduce their cost from a high of R92m in quarter three to R21m in quarter four,” Dlodlo added.

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