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NMOS GUIDE FOR THE DETERMINATION BY THE MPSA ON THE TRANSFER OF FUNCTIONS AND STAFF AND CONSULTION ON ORGANISATIONAL STRUCTURES OF AFFECTED DEPARTMENTS
August 2014
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TABLE OF CONTENTS
1. ACRONYMS................................................................................................................................. 1
2. INTRODUCTION AND NMOS APPROACH.................................................................................1
3. DEFINITIONS............................................................................................................................... 2
4. LEGISLATIVE CONTEXT............................................................................................................3
5. PART A: SUBMISSION BY THE EA OF RECIPIENT DEPARTMENT IN CONSULTATION WITH THE EA OF RELINQUISHING DEPARTMENT..................................................................5
5.1 INTRODUCTION..................................................................................................................6Purpose..................................................................................................................................... 6Background............................................................................................................................... 6
5.2 ORGANIZATIONAL SCOPING............................................................................................75.3 RING FENCING OF STAFF / STAFF AUDIT.......................................................................7
Table 1: Summary of Functions, Posts and Compensation Identified for Transfer...................75.4 PROPOSED ORGANISATIONAL STRUCTURE AND POST ESTABLISHMENT...............85.5 INFRASTRUCTURE AND ASSETS.....................................................................................85.6 FINANCIAL IMPLICATIONS.................................................................................................9
Table 2: Budget Information......................................................................................................95.7 ICT SYSTEMS......................................................................................................................95.8 LEGAL MATTERS..............................................................................................................105.9 LABOUR RELATIONS, CHANGE MANAGEMENT AND COMMUNICATION...................105.10 CHALLENGES AND RISKS AND MITIGATION.................................................................105.11 RECOMMENDATIONS......................................................................................................105.12 APPROVAL........................................................................................................................ 11
6. PART B: SUBMISSION BY THE EA OF RELINQUISHING DEPARTMENT ON AMENDED ORGANISATIONAL STRUCTURE............................................................................................12
6.1 INTRODUCTION................................................................................................................13Purpose................................................................................................................................... 13Background............................................................................................................................. 13
6.2 ORGANIZATIONAL SCOPING..........................................................................................136.3 RING FENCING OF STAFF / STAFF AUDIT.....................................................................13
Table 1: Summary of Functions, Posts and Compensation Identified for Transfer.................146.4 PROPOSED ORGANISATIONAL STRUCTURE AND POST ESTABLISHMENT.............146.5 FINANCIAL IMPLICATIONS...............................................................................................15
Table 2: Budget Information....................................................................................................166.6 LEGAL MATTERS..............................................................................................................166.7 LABOUR RELATIONS, CHANGE MANAGEMENT AND COMMUNICATION...................166.8 CHALLENGES AND RISKS AND MITIGATION.................................................................176.9 RECOMMENDATIONS......................................................................................................176.10 APPROVAL........................................................................................................................ 17
7. DRAFT LETTERS TO BE SIGNED BY MINISTERS..................................................................18
ANNEXURE A: DETAILS OF STAFF AND VACANT POST IDENTIFIED FOR TRANSFER............21
ANNEXURE B: PROPOSED ORGANISATIONAL STRUCTURE AND POST ESTABLISHMENT...22
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Allocating functions to and establishing Public Entities
ANNEXURE C: COSTING ALL NEW PROPOSED POST ON THE ESTABLISHMENT OF THE DEPARTMENT (POSTS IN RED ON THE STRUCTURE)..................................................................23
ANNEXURE D: LETTER BY EA OF RECIPIENT DEPARTMENT.....................................................24
ANNEXURE E: LETTER BY EA OF RELINQUISHING DEPARTMENT............................................25
ANNEXURE F: STAFF TRANSFER LETTER....................................................................................26
ANNEXURE G: STAFF APPOINTMENT LETTER.............................................................................27
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1. ACRONYMS
DPSA Department of Public Service and Administration
EA Executive Authority
MPSA Minister for the Public Service and Administration
PSA Public Service Act, 1994 as amended
PSR Public Service Regulations, 2001
2. INTRODUCTION AND NMOS APPROACH
The purpose of the guide is to:
(a) Fast track the work conducted by the work streams, particularly the ring-fencing of functions, identifying affected staff for transfer, associated budgets and organisational structures, and consultation with staff and organised labour.
(b) Detail the contents of submissions and processes to be followed in order to formalise the transfer of functions and staff, and organisational structures of affected departments.
(b) Obtain approval by the relevant HoDs and EAs for the functions and staff identified for transfer and the organisational structure of affected departments.
(c) Obtain a determination by the MPSA for the transfer of functions and concomitant staff and to concur with the proposed organisational structures of affected departments.
NMOS Approach
The NMOS Steering Committee endorsed the following approach:
(a) The NMOS process is limited to giving effect to the Presidential proclamations regarding the establishment of new or amended Executive portfolios, the renaming and establishment of new departments, and the transfer of legislation between Ministers in terms of the Constitution.
(b) Introducing new policies and strategies and concomitant resourcing needs fall outside the scope of the NMOS.
(c) Designing organisational structures are limited to the realignment of organisational structures of departments and excludes restructuring. Existing structures of affected departments must only be adjusted minimally to accommodate the changes to ensure that functions received are managed, but not to develop new structures. The development of new revised restructures may be undertaken post the conclusion of the current exercise. The only exception is the new Department of Small Business Development which must be structured to ensure a functional Department within the current financial constraints.
(d) The deadline for the submission of proposed organisational structures to the MPSA for a determination is 25 August 2014.
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(e) The NMOS process to be concluded by 30 August 2014. Departments that are lagging will be dealt with as part of residual matters. This means that the approval of organisational structures will be dealt with in terms of the current stringent regulatory framework such as adhering to the 2006 Directive on Organisational Design.
(f) Staff will transfer with existing conditions of service (COS) benefits and retain those conditions of service until reviewed or re-negotiated. Recipient departments must ensure that COS in terms of departmental policies (Special Leave, cell phone allowance, transport etc.) for transferred employees are aligned to the departmental policies of the recipient department policies or reviewed or re-negotiated. COS must be addressed in the shortest possible time or before the end of this financial year.
Guidance is provided on the content of submissions to be submitted under a covering letter from an EA to the MPSA. The guide refers specifically to:
(a) Definitions to clarify important concepts.
(b) Legislative provisions pertaining to the transfer of functions, transfer of staff and concomitant resources including signing of staff transfer letters, and approving organisational structures by EAs after consultation with the MPSA
(c) Part A: Submission by the EA of recipient department in consultation with the EA of relinquishing department.
(d) Part B: Submission by the EA of relinquishing department on amended organisational structure.
(e) Draft letters to be signed by Ministers.
3. DEFINITIONS
Concepts that are relevant for the NMOS are clarified as follows:
"Determination" means the act of making a decision or ruling by a person so authorised on a matter either to resolve a conflict or to settle a doubt
“Function” means the hierarchical grouping of actions or activities in pursuance of a government objective, outcome, output, product and services. It also means an area of government responsibility appropriately mandated.
“Transfer of function” means the allocation of the legal competence, accountability, responsibility and concomitant resources for a function from one department to another or from a department to any other body or from any other body to a department. This also means that a function is abolished in one department and created in another department.
“Allocation of function” means-
(a) if it's a new function, the initial allocation of the function to the appropriate department; or
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(b) if it’s an existing function, the transfer of a function.
“Mandate” means the legal authorisation to perform a function (including a power conferred or a duty imposed). A function is authorised through legislation and policy approved by the Cabinet.
"Policy" A plan of action adopted by government determining its stand or position on a specific issue or general matter. This is used as a basis for legislation or as the basis for giving directives. (e.g. you can have a general policy on education out of which you can get an Education Act).
4. LEGISLATIVE CONTEXT
Department must perform functions that are legally mandated through the following legislative mechanisms.
(a) Transfer the administration of legislation in terms of the Constitution.
(b) Specific enabling legislation such as sector legislation or an appropriation act.
(c) In the absence of specific enabling legislation, the MPSA may make determinations to allocate functions to a departments or to transfer functions between departments.
The following legislative provisions provides the basis for the transfer of functions and staff including the allocation of functions and approval of organisational structures:
Transfer of Functions
S97 of the Constitution – The President by proclamation may transfer to a member of Cabinet the administration of legislation entrusted to another member - Refer to Proclamation No. 47 Gazetted on 15 July 2014.
S7(5) of the PSA – The President may by proclamation in the Gazette on the advice of the MPSA amend Schedule 1 so as to establish or abolish any national department - Refer to Proclamation No. 42 Gazetted on 8 July 2014.
S(3)(4)(b) of the PSA – The MPSA may after consultation with the relevant executive authority or executive authorities, as the case may be, make determinations regarding:
(a) the allocation of any function to national departments, or
(b) the transfer of any function from one national department to another.
Transfer of Staff and other resources
PSR 1/III/H - If the Minister makes a determination regarding the transfer of functions between departments-
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(a) the relinquishing department shall transfer all concomitant resources, including personnel, to the receiving department;
(b) The recipient department shall co-ordinate the transfer; (c) The recipient department shall accept accountability for the functions on the (d) date of the transfer; (e) The accounting officer of the relinquishing department shall retain accountability for matters
originating prior to the date of transfer; (f) The transfer of personnel shall take place with due regard to the requirements of the Labour
Relations Act; and (g) The transfer of funds shall take place in accordance with the requirements of paragraph 6.5 of
the Treasury Regulations.
PSR 1/II/C.4 - An executing authority or head of department shall exercise her or his powers, perform her or his duties and carry out her or his obligations under these Regulations (PSR) subject to the Labour Relations Act and the relevant collective agreements.
S5(6)(a) of the PSA, collective agreements - Any provision of a collective agreement contemplated in subsection (4), concluded on or after the commencement of the Public Service Amendment Act, 2007, shall, in respect of conditions of service of employees appointed in terms of this Act, be deemed to be a determination made by the Minister in terms of section 3 (5). Refer in this instance to the 2014 PSCBC Agreement on the Transfer and Placement of Staff in the Reconfiguration of Departments.
S14 of the PSA, Transfers of staff within public service
(1) Subject to the provisions of this Act, every employee may, when the public interest so requires, be transferred from the post or position occupied by him or her to any other post or position in the same or any other department, irrespective of whether such a post or position is in another division, or is of a lower or higher grade, or is within or outside the Republic.
(2)(a) The transfer of an employee from one post or position to another post or position may, subject to the provisions of paragraph (b), be made on the authority of the person having the power of transfer. (The EA or delegated official in the relinquishing department to sign letters to staff identified for transfer).
(2)(b) In the case of a transfer from one department to another department the approval of the persons who in respect of each of those departments have the power to transfer, shall first be obtained.
S12(3) (a) of the PSA, Transfer of HoDs - The President may transfer the head of a national department or national government component before or at the expiry of his or her term, or extended term, to perform functions in a similar or any other capacity in a national department or national government component in a post of equal, higher or lower grading, or additional to the establishment, as the President considers appropriate.
Approval of Organisational Structures
PSR 1/III/B.2 - Consultation with MPSA, defining and grading posts - Subject to regulation B.2A, an executing authority shall, based on the strategic plan of the department-
(a) Determine, after consultation with the Minister, the department’s organisational structure in terms of its core and support functions;
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(b) Define the posts necessary to perform the relevant functions while remaining within the current budget and medium-term expenditure framework of the department, and the posts so defined shall constitute the department’s approved establishment;
(c) Grade proposed new jobs according to the job evaluation system referred to in Part IV; and
(d) Engage in the human resource planning in accordance with regulation IIID with a view to meeting the resulting human resource needs.
S3(7) of the PSA - Internal organisation and career management - An executive authority has all those powers and duties necessary for-
(a) The internal organisation of the department concerned, including its organisational structure and establishment, the transfer of functions within that department, human resources planning, the creation and abolition of posts and provision for the employment of persons additional to the fixed establishment; and
(b) The recruitment, appointment, performance management, transfer, dismissal and other career incidents of employees of that department, including any other matter which relates to such employees in their individual capacities.
5. PART A: SUBMISSION BY THE EA OF RECIPIENT DEPARTMENT IN CONSULTATION WITH THE EA OF RELINQUISHING DEPARTMENT
This submission prepared by the recipient department, in close cooperation with the relinquishing department, concludes on the work in relation to the ring-fencing of functions, identifying affected staff for transfer, associated budgets and organisational structures and consultation with staff and organised labour. This involved mainly the following work streams:
(a) Work stream 1 – Organisational Scoping, HR staff Audit and Organisational Design
(b) Work stream 3 – Finance and Budgets
(c) Work stream 6 - Labour Relations, Change Management and Communication.
Progress must be provided for the following work streams, if work is still outstanding:
(a) Work stream 2 - Infrastructure and Assets
(b) Work stream 4 - ICT Systems
(c) Work stream 5 - Legal and Policy Matters
The layout of the submission is similar to the layout and contents of the Departmental Project Team progress report template that departments presented bi-weekly at the National Project Team meetings. The Table of Contents for Part A and topics to be covered are summarised as set out below.
5.1 INTRODUCTION
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Purpose (Please use the formulation set out below)The purpose of the submission is:
(a) For the Minister of ............. (fill in name of recipient department's Ministerial portfolio) and the Minister of ...............(fill in name of relinquishing department's Ministerial portfolio) to note the progress made with the National Macro Organisation of the State as it affects the Department of ............(fill in name of relinquishing department) and the Department of ................(fill in name of recipient department).
(b) To obtain the approval of the Minister of ............. (fill in name of recipient department's Ministerial portfolio) and the Minister of ...............(fill in name of relinquishing department's Ministerial portfolio) for the transfer of functions, staff and concomitant resources from the Department of ............(fill in name of relinquishing department) to the Department of ................(fill in name of recipient department), with effect from 1 ....(Month) 2014.
(c) To obtain the concurrence of the Minister of ............. (fill in name of recipient department's Ministerial portfolio) for the proposed organisational structure and new positions (if any) of the Department of ................(fill in name of recipient department).
(d) To obtain the approval of the Minister of ............. (fill in name of recipient department's Ministerial portfolio) for the attached letter to request a determination by the Minister For Public Service and Administration for the transfer of functions and staff from the Department of ............(fill in name of relinquishing department) to the Department of ................(fill in name of recipient department) and to concur with the proposed organisational structure and new positions (if any) of the Department of ................(fill in name of recipient department).
Background President’s announcement of the national Executive
Impact of new national Executive on the Department, e.g. nomenclature change, transfer of function/s, establishing new department – provide overarching description
Departmental TOR, NMOS governance structure and Task Team process:
Broad outline of work plan
Decision making structures
Sharing of work streams and cooperation by departments
5.2 ORGANIZATIONAL SCOPING Organisational Scoping (Mandate and functional analyses):
Process followed to analyse mandate and decompose functions
Basis on which functions were identified for transfer
Provide a description of functions. Functions must also be captured in Table 1, paragraph 4
5.3 RING FENCING OF STAFF / STAFF AUDIT Basis of identifying affected staff
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Determine the numbers of in-scope staff relevant to the respective functions to be transferred
Analyze which posts are filled, vacant, funded and unfunded, and abolish unfunded posts
Identify the posts and staff members devoted to the affected functions to be transferred
Progress with PERSAL clean-up
Secondment arrangements
Provide inputs into Transfer Agreement
Fill in Table 1 to summarise functions, associated staff and posts identified for transfer
Table 1: Summary of Functions, Posts and Compensation Identified for Transfer
Description of Functions to be transferred
No of funded posts Total posts
Total Compensation(filled and vacant)R000.00
Filled by affected staff Vacant posts for transfer
SMS 13+ BelowSMS
SMS 13+ BelowSMS
List Line Function:
Corporate services:
Details of Staff and Vacant Post Identified for Transfer - Annexure A
Use Annexure A to fill in the details in respect of staff and vacant post identified for transfer.
After the determination by the MPSA transfer letters must be provided to the staff members on the list.
Note that vacant posts identified for transfer must be abolished by the relinquishing department and the concomitant compensation transferred to the recipient department.
5.4 PROPOSED ORGANISATIONAL STRUCTURE AND POST ESTABLISHMENT
Please note the NMOS Approach set out in paragraph 2 of this guide
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Proposed Organisational Structure - Annexure B
The design of the organisational structure and post establishment must adhere to the following criteria and must be attached at Annexure B: Provide a functional organizational structure that clearly indicates; Purposes, functions and
level of command posts of organizational units The organizational structure should be broken down to chief directorate/directorate level and
posts below SMS summarised Indicate current posts in black and new posts in red Explain new functions on the organizational structure that was not part of the section 97
Proclamation
Costing New Posts - Annexure C
All new proposed post on the post establishment of the department must be costed and details attached at Annexure C: Use the Template entitled "Costing Post Establishment" on the website of the DPSA - look
under Work Stream 1 or use the following link http://www.dpsa.gov.za/dpsa2g/nmos_documents.asp Fill in the Designation and Number of Posts and the Template will automatically calculate the
total compensation for new posts. Total Package is calculated for budget purposes at the average of the salary scale, inclusive of macro benefits
Prioritise the filling of posts over a 3 year MTEF period
5.5 INFRASTRUCTURE AND ASSETS
Provide progress if the work has not been finalised at the date of this submission: Assessment of building, parking and accommodation needs Auditing of Asset Registers Progress with Asset Register for sign off by Accounting Officers Action plan to finalise outstanding matters
5.6 FINANCIAL IMPLICATIONS
Cost containment guidelines followed Break-down of budget per economic classification (e.g. compensation, goods and services, capital
and transfer payments to entities) in relation to: Ring-fenced funding to be transferred to recipient departments Budget for new departments
Preparation of MTEF inputs and changes to the budget programme structures Consultation with NT Provide budget information as set out in Table 2
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Table 2: Budget Information
Description of Functions to be shifted from and to departments
All inclusive budget Information (e.g. compensation,goods and services, accommodation, capital,
transfers)Portion of the budget to be shifted (R000.00)
Changes in budget required for function shift. (R000.00)
Total Budget
Line Function/ budget programme structure:
Corporate services/ Programme 1:
Costing for accommodation.
5.7 ICT SYSTEMS
Provide progress if the work has not been finalised at the date of this submission:
Analyze and assesses the impact of changes to Audit ICT systems, hardware, databases, ICT contracts and ICT human resources
Develop impact assessment report on ICT Develop action plan for ICT changes Obtain relinquishing and recipient departments approval and signoff, on impact assessment report
and action plan
5.8 LEGAL MATTERS
Provide progress if the work has not been finalised at the date of this submission:
Identify and analyse legal instruments such as contracts that are affected by the transfer of functions to ensure that they are appropriately dealt with (e.g., transfer of contract or MOU to continue managing contract by relinquishing department until contract lapse)
MOU for shared services to support new departments and departments affected by the transfer of function
MOU to establish an interim protocol for cooperation on governance issues, the financial management of and accountability as well as the duties of the relevant accounting officers
Transfer Agreement for submission to departmental bargaining council (DBC)l. Note that staff may not physically transfer unless this agreement has been submitted to the DBC
Action plan to finalise outstanding matters
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5.9 LABOUR RELATIONS, CHANGE MANAGEMENT AND COMMUNICATION
Explain approach, frequency and processes followed to communicate with staff and labour Progress with consultation with organised labour in DBC for information purposes Submission of Transfer Agreement to DBC and state outcomes Implementation of change management strategies Implementation of communication strategy and messages to manage the transition Explain unresolved issues and pending actions with the consultation process
5.10 CHALLENGES AND RISKS AND MITIGATION
Explain challenges and risks not covered under the headings set out in the submission Explain measures and time frames to mitigate challenges and risks
5.11 RECOMMENDATIONS
It is recommended that:
(a) The Minister of ............. (fill in name of recipient department's Ministerial portfolio) and the Minister of ...............(fill in name of relinquishing department's Ministerial portfolio) note the progress made with the National Macro Organisation of the State as it affects the Department of ............(fill in name of relinquishing department) and the Department of ................(fill in name of recipient department).
(b) The Minister of ............. (fill in name of recipient department's Ministerial portfolio) and the Minister of ...............(fill in name of relinquishing department's Ministerial portfolio) approve the transfer of functions, staff and concomitant resources from the Department of ............(fill in name of relinquishing department) to the Department of ................(fill in name of recipient department) as set out in Table 1, Table 2 and Annexure A, with effect from 1 .....(Month) 2014.
(c) The Minister of ............. (fill in name of recipient department's Ministerial portfolio) concur with the proposed organisational structure and new positions (if any) of the Department of ................(fill in name of recipient department) as set out in Annexure B and Annexure C.
(d) The Minister of ............. (fill in name of recipient department's Ministerial portfolio) approves and signs the attached letter to request a determination by the Minister For Public Service and Administration for the transfer of functions and staff from the Department of ............(fill in name of relinquishing department) to the Department of ................(fill in name of recipient department) and to concur with the proposed organisational structure and new positions (if any) of the Department of ................(fill in name of recipient department).
5.12 APPROVAL
Directors-General
Proposals in paragraph 5.11(a), (b), (c) and (d) recommended / recommended as amended
Proposals in paragraph 5.11(a) and (b) recommended / recommended as amended
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___________________________Ms / Mr .....................(Initials and surname)Director-General: ....................(Name of recipient Department)Date:
___________________________Ms / Mr .....................(Initials and surname)Director-General: ....................(Name of relinquishing Department)Date:
Deputy Ministers
Proposals in paragraph 5.11(a), (b), (c) and (d) recommended / recommended as amended
___________________________Ms /Mr ..................., MP (Initials and surname)Deputy Minister for ............ (Name of portfolio of recipient department)Date:
Proposals in paragraph 5.11(a) and (b) recommended / recommended as amended
___________________________Ms /Mr ..................., MP (Initials and surname)Deputy Minister for ............ (Name of portfolio of relinquishing)Date:
Ministers
Proposals in paragraph 5.11(a), (b), (c) and (d) approved / approved as amended
Letter addressed to the Minister for Public Service and Administration signed
___________________________Ms /Mr ..................., MP (Initials and surname)Minister for ............ (Name of portfolio of recipient department)Date:
Proposals in paragraph 5.11(a) and (b) approved / approved as amended
___________________________Ms /Mr ..................., MP (Initials and surname)Minister for ............ (Name of portfolio of relinquishing department)Date:
6. PART B: SUBMISSION BY THE EA OF RELINQUISHING DEPARTMENT ON AMENDED ORGANISATIONAL STRUCTURE
This submission may use the information prepared by the recipient department see Part A, paragraph 5. See also the NMOS approach in paragraph 2.
The information in the Part A submission must be used in the context of the relinquishing department.
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Designing organisational structures are limited to the realignment of organisational structures of departments and excludes restructuring. Existing structures of affected departments must only be adjusted minimally to accommodate the changes to ensure that functions received are managed, but not to develop new structures. The development of new revised restructures may be undertaken post the conclusion of the current exercise. The only exception is the new Department of Small Business Development which must be structured to ensure a functional Department within the current financial constraints.
This submission, concludes on the work in relation to the ring-fencing of functions, identifying affected staff for transfer, associated budgets and organisational structures and consultation with staff and organised labour. This involved the following work streams:
(a) Work stream 1 – Organisational Scoping, HR staff Audit and Organisational Design
(b) Work stream 3 – Finance and Budgets
(c) Work stream 6 - Labour Relations, Change Management and Communication.
The layout of the submission is similar to the layout and contents of the Departmental Project Team progress report template that departments presented bi-weekly to the National Project Team meetings. The Table of Contents for Part B and topics to be covered are summarised as set out below.
6.1 INTRODUCTIONPurpose Note that an EA approves a structure after consultation with the MPSA.
(Please use the formulation set out below)The purpose of the submission is:
(a) To obtain the concurrence of Minister of ...............(fill in name of relinquishing department's Ministerial portfolio) for the amended organisational structure of the Department of ................(fill in name of relinquishing department) in view of the transfer of functions, staff and concomitant resources to the Department of ................(fill in name of recipient department).
(b) To obtain the approval of the Minister of ............. (fill in name of relinquishing department's Ministerial portfolio) for the attached letter to consult the Minister For Public Service and Administration, in terms of Public Service Regulation PSR 1/III/B.2, on the amended organisational structure and any new posts of the Department of ................(fill in name of relinquishing department.
Background President’s announcement of the national Executive
Impact of new national Executive on the Department, e.g. nomenclature change, transfer of function/s, establishing new department – provide overarching description
Departmental TOR, NMOS governance structure and Task Team process:
Broad outline of work plan
Decision making structures
Sharing of work streams and cooperation by departments
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6.2 ORGANIZATIONAL SCOPING Organisational Scoping (Mandate and functional analyses):
Process followed to analyse mandate and decompose functions
Basis on which functions were identified for transfer
Provide a description of functions. Functions must also be captured in Table 1, paragraph 4
6.3 RING FENCING OF STAFF / STAFF AUDIT Basis of identifying affected staff
Determine the numbers of in-scope staff relevant to the respective functions to be transferred
Analyze which posts are filled, vacant, funded and unfunded, and abolish unfunded posts
Identify the posts and staff members devoted to the affected functions to be transferred
Progress with PERSAL clean-up
Secondment arrangements
Provide inputs into Transfer Agreement
• Fill in Table 1 to summarise functions, associated staff and posts identified for transfer
Table 1: Summary of Functions, Posts and Compensation Identified for Transfer
Description of Functions to be transferred
No of funded posts Total posts
Total Compensation(filled and vacant)R000.00
Filled by affected staff Vacant posts for transfer
SMS 13+ BelowSMS
SMS 13+ BelowSMS
List Line Function:
Corporate services:
Details of Staff and Vacant Post Identified for Transfer - Annexure A
Use Annexure A to fill in the details in respect of staff and vacant post identified for transfer.13
After the determination by the MPSA transfer letters will be provided by the relinquishing departments to the staff members on the list.
Note that vacant posts identified for transfer must be abolished by the relinquishing department and the concomitant compensation transferred to the recipient department.
6.4 PROPOSED ORGANISATIONAL STRUCTURE AND POST ESTABLISHMENT
Please note the NMOS Approach set out in paragraph 2 of this guide
Proposed Organisational Structure - Annexure B
The design of the organisational structure and post establishment must adhere to the following criteria and must be attached at Annexure B: Provide a functional organizational structure that clearly indicates; Purposes, functions and
level of command posts of organizational units The organizational structure should be broken down to chief directorate/directorate level and
posts below SMS summarised. Indicate current posts in black and new posts in red Explain new functions on the organizational structure that was not part of the section 97
Proclamation
Costing New Posts - Annexure C
All new proposed post on the post establishment of the department must be costed and details attached at Annexure C: Use the Template entitled "Costing Post Establishment" on the website of the DPSA - look
under Work Stream 1 or use the following link http://www.dpsa.gov.za/dpsa2g/nmos_documents.asp Fill in the Designation and Number of Posts and the Template will automatically calculate the
total compensation for new posts. Total Package is calculated for budget purposes at the average of the salary scale, inclusive of macro benefits
Prioritise the filling of posts over a 3 year MTEF period
6.5 FINANCIAL IMPLICATIONS
Cost containment guidelines followed. Break-down of budget per economic classification (e.g. compensation, goods and services, capital
and transfer payments to entities) in relation to: Ring-fenced funding to be transferred to recipient departments Budget for new departments
Preparation of MTEF inputs and changes to the budget programme structures Consultation with NT Provide budget information as set out in Table 2
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Table 2: Budget Information
Description of Functions to be shifted from and to departments
All inclusive budget Information (e.g. compensation,goods and services, accommodation, capital,
transfers)Portion of the budget to be shifted (R000.00)
Changes in budget required for function shift. (R000.00)
Total Budget
Line Function/ budget programme structure:
Corporate services/ Programme 1:
Costing for accommodation.
6.6 LEGAL MATTERS
Provide progress if the work has not been finalised at the date of this submission:
Identify and analyse legal instruments such as contracts that are affected by the transfer of functions to ensure that they are appropriately dealt with (e.g., transfer of contract or MOU to continue managing contract by relinquishing department until contract lapse)
MOU for shared services to support new departments and departments affected by the transfer of function
MOU to establish an interim protocol for cooperation on governance issues, the financial management of and accountability as well as the duties of the relevant accounting officers
Transfer Agreement for submission to departmental bargaining council (DBC)l. Note that staff may not physically transfer unless this agreement has been submitted to the DBC
Action plan to finalise outstanding matters
6.7 LABOUR RELATIONS, CHANGE MANAGEMENT AND COMMUNICATION
Explain approach, frequency and processes followed to communicate with staff and labour Progress with consultation with organised labour in DBC for information purposes Submission of Transfer Agreement to DBC and state outcomes Implementation of change management strategies Implementation of communication strategy and messages to manage the transition Explain unresolved issues and pending actions with the consultation process
6.8 CHALLENGES AND RISKS AND MITIGATION
Explain challenges and risks not covered under the headings set out in the submission15
Explain measures and time frames to mitigate challenges and risks
6.9 RECOMMENDATIONS
It is recommended that:
(a) The Minister of ...............(fill in name of relinquishing department's Ministerial portfolio) concurs with the amended organisational structure of the Department of ................(fill in name of relinquishing department) in view of the transfer of functions, staff and concomitant resources to the Department of ................(fill in name of recipient department).
(b) The Minister of ............. (fill in name of relinquishing department's Ministerial portfolio) approves and signs the attached letter to consult the Minister For Public Service and Administration, in terms of Public Service Regulation PSR 1/III/B.2, on the amended organisational structure and any new posts of the Department of ................(fill in name of relinquishing department.
6.10 APPROVAL
Director-General
Proposals in paragraph 6.9 recommended / recommended as amended
___________________________Ms / Mr .....................(Initials and surname)Director-General: ....................(Name of relinquishing Department)Date:
Deputy Minister
Proposals in paragraph 6.9 recommended / recommended as amended
___________________________Ms /Mr ..................., MP (Initials and surname)Deputy Minister for ............ (Name of Ministerial portfolio of relinquishing department)Date:
Minister
Proposals in paragraph 6.9 approved / approved as amended
Letter addressed to the Minister for Public Service and Administration signed
___________________________
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Ms /Mr ..................., MP (Initials and surname)Minister for ............ (Name of Ministerial portfolio of relinquishing department)Date:
7. DRAFT LETTERS TO BE SIGNED BY MINISTERS
The following draft letters are provided:
7.1 Letter by EA of recipient department for determination by the MPSA on the transfer of functions and staff, and consultation on the proposed organisational structure of recipient department - See Annexure D
The purpose of this letter is for the Minister responsible for a recipient department to obtain a determination by the MPSA for the transfer of functions and staff, and consultation on the proposed organisational structure:
The letter must: request the date of transfer. If no date is provided the determination by the MPSA will come into effect on the first day of the month following the date of the letter by the MPSA.
The letter must: request the transfer of the serving Directors-General in terms of S12(3) of the PSA for the remainder of the contract period. This will ensure that the current serving Directors-General of the existing departments are transferred to the new or renamed departments listed in the PSA. The MPSA will facilitate a Presidential Minute for the transfer of affected HODs; for example:
(a) DG: Performance Monitoring and Evaluation transfer to the Department of Planning, Monitoring and Evaluation
(b) DG: Communications transfer to the Department of Telecommunications and Postal Services
(c) DG: Water Affairs transfer to the Department of Water and Sanitation
7.2 Letter by EA of relinquishing department on amended proposed organisational structure - See Annexure E
The purpose of the letter is for the Minister of a relinquishing department to consult the MPSA on the amended proposed organisational structure in view of the transfer of functions to another department
The letter must: request the transfer of the serving Directors-General in terms of S12(3) of the PSA for the remainder of the contract period. This will ensure that the current serving Directors-General of the existing departments are transferred to the new or renamed departments listed in the PSA. The MPSA will facilitate Presidential Minute for the transfer of affected HODs. The following Director-General is affected:
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(a) DG: Women, Children and People with Disabilities transfer to the Department of Women
7.3 Staff transfer letter - See Annexure F
An example of a transfer letter is set out in Annexure F
Following the determination by the MPSA, the EA or delegated official of a relinquishing department must sign staff transfer letters to legally transfer staff associate with the transfer of functions in terms of section 14 of the PSA form one department to another department.
(a) Letters must be prepared for staff performing functions, which are transferred to another department: for example:
Function Department From Department To
Secretariat National Planning Commission
The Presidency Planning, Monitoring and Evaluation
Sanitation Human Settlements Water and Sanitation
All functions pertaining to children and people with disabilities and
Women Social Development
Small business development DTI Small Business Development
IFRACO oversight DPE Telecommunications and Postal Services
Government Communication and Information System
GCIS Communication
Telecommunications Communications Telecommunications and Postal Services
(b) As you are aware schedule 1 of the PSA retained the old departments and created the new renamed departments. Staff transfer letters must be issued to staff of the following Departments.
Department From Department To
Performance Monitoring and Evaluation Planning, Monitoring and Evaluation
Communications Telecommunications and Postal Services
Water Affairs Water and Sanitation
Women, Children and People with Disabilities Women
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7.3 Staff appointment letter - See Annexure G
The relevant Head of Department of a recipient department must also sign appointment letters for staff members that are transferred as a result of the transfer of functions - See paragraph 7.3(a).
GUIDE PREPARED BY THE DEPARTMENT OF PUBLIC SERVICE AND ADMINISTRATION
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ANNEXURE A: DETAILS OF STAFF AND VACANT POST IDENTIFIED FOR TRANSFER
Staff Members
INITIALS AND SURNAME PERSAL NUMBER UNIT IN DEPARTMENT SALARY LEVEL
Vacant Posts
Note that vacant posts identified for transfer must be abolished by the relinquishing department and the concomitant compensation transferred to the recipient department
VACANT POST DESIGNATION
POST IDENTIFICATION NO
UNIT IN DEPARTMENT SALARY LEVEL
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ANNEXURE B: PROPOSED ORGANISATIONAL STRUCTURE AND POST ESTABLISHMENT
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Note: Populate the macro organizational structure to reflect the location of functions and level of command post for the functions identified for transfer.The macro organizational structure should be broken down to Chief Directorate Level (Director level if the transferred function is at that level.Indicate current posts in black and new posts in red.Insert additional pages as required if required.
Department / Component Name
Purpose
Functions
Command post level
Component Name
Purpose
Functions
Command post level
Component Name
Purpose
Functions
Command post level
Component Name
Purpose
Functions
Command post level
ANNEXURE C: COSTING ALL NEW PROPOSED POST ON THE ESTABLISHMENT OF THE DEPARTMENT (POSTS IN RED ON THE STRUCTURE)
No. Posts TOTAL COST
No. Posts TOTAL COST
No. Posts TOTAL COST
16 R 1 669 574 R 0 R 0 R 0
15 R 1 277 723 R 0 R 0 R 0
14 R 1 084 811 R 0 R 0 R 0
13 R 892 014 R 0 R 0 R 0
12 R 686 949 R 0 R 0 R 0
11 R 579 639 R 0 R 0 R 0
10 R 490 510 R 0 R 0 R 0
9 R 320 320 R 0 R 0 R 0
8 R 320 320 R 0 R 0 R 0
7 R 286 297 R 0 R 0 R 0
6 R 240 242 R 0 R 0 R 0
5 R 207 414 R 0 R 0 R 0
4 R 180 666 R 0 R 0 R 0
3 R 159 310 R 0 R 0 R 0
2 R 140 431 R 0 R 0 R 0
1 R 128 716 R 0 R 0 R 0
0 R 0 0 R 0 0 R 0
Posts Y2 Posts Y3Posts Y1
Package calculated at the average of the salary scale, inclusive of macro benefits
LevelTotal
Package Designation
Total:
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ANNEXURE D: LETTER BY EA OF RECIPIENT DEPARTMENT
Mr OC Chabane, (MP)Minister for Public Service and AdministrationPrivate Bag X916PRETORIA0001
Fax No. 012 336 1809 / 1810
Dear Colleague
REQUEST FOR A DETERMINATION BY THE MINISTER FOR THE TRANSFER OF FUNCTIONS AND STAFF TO THE DEPARTMENT OF ........... (Name of Recipient Department) AND CONSULTION ON THE ORGANISATIONAL STRUCTURE OF THE DEPARTMENT
As part of the National Macro Organisation of the State, 2014 project, the affected departments have prepared the attached Submission with annexures in order to give effect to the President's pronouncements in May 2014, as well as the Presidential Proclamations for the listing of departments and the transfer of legislation between affected Ministers.
From the Submission you will notice that the Minister for ......(Name of Ministerial portfolio of relinquishing department) and I, concur with the transfer of functions, staff and concomitant resources from the Department of ............(fill in name of relinquishing department) to the Department of ................(fill in name of recipient department), with effect from 1 .......(Month) 2014.
I will appreciate if you could consider a determination in terms of section 3(4)(b) of the Public Service Act for the transfer of the functions as indicated and concur in terms of Public Service Regulation 1/III/B.2 with the proposed organisational structure for the Department of ................(fill in name of recipient department).
(See paragraph 7.1)I will also appreciate if you could facilitate the transfer of the Director-General: .................(DG nomenclature) in terms of S12(3) of the PSA for the remainder of the contract period from the from the Department of ............ to the Department of .................
Yours sincerely,
..................... (Name of Minister), MPMinister for ............(Name of Ministerial portfolio of the relinquishing department)Date:
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ANNEXURE E: LETTER BY EA OF RELINQUISHING DEPARTMENT
Mr OC Chabane, (MP)Minister for Public Service and AdministrationPrivate Bag X916PRETORIA0001
Fax No. 012 336 1809 / 1810
Dear Colleague
REQUEST FOR CONCURRANCE ON THE AMENDED ORGANISATIONAL STRUCTURE OF THE DEPARTMENT OF ........... (Name of relinquishing department)
As part of the National Macro Organisation of the State, 2014 project, the affected departments have cooperated to give effect to the President's pronouncements in May 2014, as well as the Presidential Proclamations for the listing of departments and the transfer of legislation between affected Ministers.
From the attached submission with annexures you will note that I concur with the amended organisational structure and new posts (if any) of the Department of ................(fill in name of relinquishing department) in view of the transfer of functions, staff and concomitant resources to the Department of ................(fill in name of recipient department).
I will appreciate your concurrence, in terms of Public Service Regulation 1/III/B.2, with the proposed organisational structure and new positions (if any) for the Department of ................(fill in name of recipient department).
(See paragraph 7.2)I will also appreciate if you could facilitate the transfer of the Director-General: .................(DG nomenclature) in terms of S12(3) of the PSA for the remainder of the contract period from the from the Department of ............ to the Department of .................
Yours sincerely,
..................... (Name of Minister), MPMinister for ............(Name of Ministerial portfolio of the relinquishing department)Date:
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ANNEXURE F: STAFF TRANSFER LETTER
Ms / Mr. ...........(Initials and surname of employee).........................(PERSAL No.).........................(Designation).........................(Address, Unit in department, Regional office)
Dear Ms /Mr ..........
TRANSFER TO THE DEPARTMENT OF ........................................... (Name of recipient department)
1. The transfer of the .......................... function (clearly identify relevant function) from the Department of ................ (Name of relinquishing department) to the Department of ...........(Name of recipient department), emanated from the President's pronouncements in May 2014. This resulted in a number of legal steps to transfer the relevant legislation to the authority of the Minister of .........(Name of Ministerial portfolio of the recipient department) as well as all concomitant resources.
2. The transfer of the function and relevant posts have been concluded by way of a determination issued by the Minister for Public Service and Administration in terms of section (3)(4)(b) of the Public Service Act, 1994. This determination comes into effect on 1 .........(Month) 2014. This process has also been the subject of continuous consultation with representatives from organized labour.
3. The post you occupy has been identified for transfer, as part of a consultative process between the Minister of ...........(Name of Ministerial portfolio of the relinquishing department) and the Minister of ......... (Name of Ministerial portfolio of the recipient department).
4. In order to ensure that service recipients continue to receive services in a seamless manner; and to ensure that your job security remains unaffected, the Minister of ..........(Name of Ministerial portfolio of the relinquishing department) has approved your transfer with effect from 1 .........(Month) 2014, in terms of section 14 of the Public Service Act, 1994, from the Department of .........(Name of relinquishing department) to the Department of .....(Name of recipient department).
5. You will occupy the same or similar post in the Department of ........(Name of recipient department) and your remuneration and benefits will remain the same.
6. You will be informed of your line of reporting and new office accommodation in the Department of .............(Name of recipient department) in due course.
7. I trust you will continue your good work in your new Department.
Kind Regards
..................... (Name of Minister), MPMinister for ............(Name of Ministerial portfolio of the relinquishing department)Date:
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ANNEXURE G: STAFF APPOINTMENT LETTER
Ms / Mr. ...........(Initials and surname of employee).........................(PERSAL No.).........................(Designation).........................(Address, Unit in department, Regional office)
Dear Ms /Mr ..........
APPOINTMENT IN THE DEPARTMENT OF ........................................... (Name of recipient department)
1. Following your transfer to the Department, I would like to welcome you to the Department.
2. You have been appointed to the following post with effect from 1 .........(Month) 2014:Branch : ...............................Chief Directorate : :...............................Directorate : :...............................Job Title : :...............................
3. Your remuneration and benefits will not be affected by the transfer, and you will be required to sign a new or amended performance agreement with your supervisor.
4. If you need any information regarding your transfer to and appointment in the Department, please contact the Head of the Branch or the Head of ....................(Human Resource Development).
Kind Regards.
DIRECTOR-GENERAL: ............(NAME OF RECIPIENT DEPARTMENTDATE:
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