Isn’t the PSC constitutionally mandated to promote ethics and accountability and investigate corruption in the public service?
That is correct.
Hasn’t the Madlanga commission made it glaringly obvious that you’ve fallen a long way short?
You have to go back to the Zondo commission, which did mention the PSC — where was the PSC when some of these things happened? It’s because in the legislation they narrowed what was provided for in the constitution and made it very limited in scope. For example, the issue of investigating corruption was left outside. We were just left with reviewing appointments made in this or that department and told that corruption will be looked at by the public protector, SIU and other criminal justice entities. The legislation simply said, “You recommend.” Most entities, MECs, ministers, departments, just ignored what was recommended. It is for that reason that now we’re at the last stage of having a PSC bill that is going to turn that situation around.
Wasn’t it passed last year, three years after being published?
It was passed by the National Assembly. But because it expands our mandate to local government, it had to go through the NCOP, which by April or so should be ready to pass it. Then no-one will ignore the recommendations of the PSC.
Is this why we’re sitting with a dysfunctional state and a water crisis?
What we are facing is the political economy of inefficiency, where things have been made to be so compounded that even common sense could have solved many of our problems. We have made things to be so cumbersome, so technical, that it becomes very difficult to do the most basic things. The architecture of our state has been made to make certain things almost impossible to achieve.
Will the act, when it’s finally passed, address this?
Not on its own. But if you combine it with the professionalisation framework, if implemented; lifestyle audits, if correctly implemented; protection of whistleblowers, if correctly implemented; and the Public Administration Management Act, which separates political roles from administrative roles — if those combined are effected, it will make the work of fighting corruption very easy.
Will it make you more independent of other state organs?
Yes. Once this act is passed, we are independent like the auditor-general, like the public protector, like all other constitutional bodies. We will report directly to parliament.
In effect a chapter 9 institution?
We will be like chapter 9 constitutional bodies, even though we’re chapter 10. In chapter 10 the only entity sanctioned for existence is the PSC, because that’s the most important organ to make sure that statecraft and public service function effectively.
Will you refer more cases to the SIU?
We will start referring many cases as they come to our hotline. We were already, but we’ll be more engaged. Same with the AG, same with the public protector. So that you make sure there is no loophole in this fight against corruption or improving efficiency within the state.
When will we see that in local government?
As soon as the act is passed and we have the ability to get into that space.
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