Premier
With regard to the Premier’s announcement that he intends to appoint a former Minister, whose name has been furnished to his Department for the purpose of his reply, as a Special Adviser:
- (a) What functions, in terms of section 12 of the Public Service Act, 1994 (Act 103 of 1994), is this person qualified to perform and (b) how is he qualified to perform these functions;
- whether, in considering the appointment of a Special Adviser, he considered that this person allegedly committed an offence in terms section 32(B)(3) of the National Qualifications Framework Amendment Act, 2019 (Act 12 of 2019), by falsely claiming a qualification or part qualification; if not, why not; if so, why did he proceed with the nomination or appointment of this person as a Special Adviser;
- whether, in considering the appointment of a Special Adviser, he considered that this person had been found by the Public Protector to have breached the Executive Members’ Ethics Act, 1998 (Act 82 of 1998), and the Executive Ethics Code by misleading the Western Cape Provincial Parliament while he served in the Premier’s Cabinet; if not, why not; if so, why did he proceed with the nomination or appointment of this person as a Special Adviser;
- whether the appointment of this person affects the Premier’s commitment to a “government of integrity” made at the beginning of his term of office; if not, why not; if so, how does the appointment support the commitment to a “government of integrity”;
- (a) which compensation level did he motivate for, or appoint, this person, (b) what is the basis of the compensation level and (c) what is the compensation or proposed compensation to be paid to this person upon taking up office as a Special Adviser;
- in terms of the “dispensation for the appointment and remuneration of persons (special advisers) appointed to executive authorities on ground of policy considerations in terms of section 12a of the Public Service Act, 1994”, (a) what was this person’s level of expertise and the stature in the particular field that he submitted to the Minister of Public Service and Administration and (b) what is the annual compensation?
[1][a] and [b] This appointment is done in line with Section 12A of the Public Service Act, which states:
Appointment of persons on grounds of policy considerations [1] Subject to the provisions of this section, an executing authority may appoint one or more persons under a special contract, whether in a full-time or part-time capacity
[a] to advise the executing authority on the exercise or performance of the executing authority’s powers and duties;
[b] to advise the executing authority on the development of policy that will promote the relevant department’s objectives; or
[c] to perform such other tasks as may be appropriate in respect of the exercise or performance of the executing authority’s powers and duties.
Guided by the above and considering the person’s extensive experience within critical delivery departments, I am comfortable that he is amply qualified for the appointment to provide strategic advisory and policy development capacity in my office in furthering the Western Cape Government’s broader citizen-orientated aims and outcomes.
[2] I have been advised that the National Qualifications Framework Amendment Act, 2019 is not yet in operation and accordingly reference to same in respect of the matter at hand is misplaced.
[3] I am aware of the content of the Public Protector Report relating to the person’s SOPA debate statements and subsequent answers to queries pertaining thereto by the Honourable Member Herron, who also laid the complaint in question. The remedial action in that matter was directed at my office and I complied with it by tabling the said report in the Provincial Parliament. I am also aware that the person in question indicated to me that he intended to apply to the High Court for the review and setting aside of that report on the basis that it was wrong in law, and instructions were issued by his office to so proceed. Given this and the fact that there was in any event compliance with the remedial action required by the Public Protector in that matter, I do not deem the report of the Public Protector in that matter to now be a bar to the nomination of the person as a special adviser.
[4] No, I remain committed to a government of integrity, and I believe that the person Member Herron is referring to, showed integrity and accountability when he resigned from my cabinet and issued a public apology.
[5][a] Compensation level IV has been motivated for [b] The complexity of the advice that he will be rendering is compatible to that given by a Director-General. [c] R 1,978 533.00 per annum
[6][a] The person I intend to appoint as a special advisor, has served the citizens of the Western Cape for many years in critical delivery departments and he as an in-depth understanding of the provincial government. He has the requisite knowledge and expertise, as a former MEC of Human Settlements and Transport and Public Works, to advise me on the following:
- Addressing and advising on economic and mobility issues.
- Ensuring well-researched public transport platforms that enable the greater public arena, together with the public service, to take crucial decisions on the reform of the public transport system.
- Engaging with departments and other spheres of government involved in priority interventions on the integration of economic models that would benefit the province, the country and neighboring nations from a growth perspective.
- Promoting buy-in from key stakeholders critical to the success of evidence-based policy reforms.
- Performing risk assessments of key delivery projects with a view to identify specific interventions to eliminate such risks and identify problem areas.
- Using risk assessments to assist in identifying solutions and removing blockages to the effective delivery of priority objectives.
- Perform networking with various stakeholders that require servicing by the Office of the Premier to speed up delivery, promote good governance and fulfil constitutional and statutory mandates involving my office.
- Advising on the most effective ways for the WCG to advance the objectives of our service delivery agenda.
- Addressing miscellaneous matters that will arise in the processes of governance on my instruction.
[b] R 1, 978 533.00 per annum
