NATIONAL MACRO ORGANIZATION OF STATE (NMOS) PROJECT: 2014 Presentation to Provincial Administrations / EXCOs July 2014 1
PRESENTATION OUTLINE Introduction Objectives Scope of work Project Plan and End Dates Governance Legal Aspects Project Governance Functions of Work-streams Progress to Date 2
Introduction New Cabinet was announced on 25 May 2014: Cabinet introduced a number of changes to the previous configuration of the national Executive and departments. This has a direct impact on the administrative structures in support of Ministers and Deputy Ministers: New departments are created, with the transfer of functions between departments . The functional content of departments will have to change to give effect to the new ministerial portfolios, mainly by transferring functions between departments and instances of nomenclatures changes. Nomenclature changes to conform to the Ministerial portfolio designations. 3
Objectives of TOR To describe the programme of action needed to ensure that the macro organizational changes give administrative effect to the President’s new Cabinet portfolios. Ensure alignment between the announced Ministerial portfolios and the administrative structures in support of ministers responsible for such portfolios. Sets out the roles and functions of the primary role players governing and contributing to the roll-out of the Programme Governance structures Stakeholders Support staff 4
Scope of Work NMOS 2014 Nomenclature changes of departments to align with the new ministerial portfolio designations. The creation of new departments in support of new ministerial portfolios (this will include new names for the new departments to be aligned with the ministerial portfolio designations). The transfer of functions to and from departments to align the departmental functions with the new ministerial portfolios. This will include the renaming of departments. New departments will be created through the transfer of functions from existing departments. 5
Affected Departments and Institutions 13 Existing departments and institutions affected by the transfer of functions, renaming and creation of departments: Department of Communication (SABC, MDDA, GCIS and ICASA ,Brand SA) Government Communication and Information System Department of Performance Monitoring and Evaluation Department of Women, Children and People With Disabilities Department of Water Affairs Department of Economic Development Department of Social Development Department of Human Settlement The Presidency Department of Trade and Industry (SEDA, SAWEN) National Planning Commission Public Service and Administration (SITA) Public Enterprises (Infraco) 6
Renaming and new Departments 2 renamed departments: Department of Planning, Monitoring and Evaluation Department of Women Department of Water and Sanitation 2 new departments created: Department of Small Business Development Department of Telecommunications and Postal Services (USAASA, NEMISA, SAPO, SENTECH, SITA) GCIS - delisted 7
Transfer of Functions (Subject to Executive Approval) Function From To Government GCIS Communication Communication and Information System Telecommunications Communications Telecommunications and Postal Services National Planning The Presidency Planning, Monitoring and Commission Evaluation 8
Transfer of Functions (Subject to Executive Approval) Function From To Sanitation Human Settlements Water and Sanitation Support to people with Women Social Development disabilities and children Small business DTI and EDD Small Business development Development Public Entities: The Executive will provide direction on the transfer of associated public entities to ministerial portfolios 9
Project Plan - End Dates The programme is scheduled for completion from May 2014 to November 2014. Establish programme governance structures - 13 June 2014. Preparation for programme execution by work-streams – 13 June 2014. Transfer the administration of legislation to Ministers - 15 July 2014. Creation of departments and transfer of functions - 26 September 2014. Organisational structuring of affected departments - 26 September 2014. Nomenclature changes listing of new departments - end June 2014. Infrastructure and Assets - 29 August 2014. Finance and Budgets - 26 September 2014. ICT systems - 29 August 2014. Legal matters - 26 September 2014. Change management and communication - ongoing. Note that most of the above-mentioned deliverables will run concurrently. 10
Legal Aspects NMOS S97 of the Constitution – The President by proclamation may transfer the to a member of Cabinet the administration of legislation entrusted to another member. 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. S(3)(4)(b) – The MPSA may after consultation with the relevant executive authority or executive authorities, as the case may be, make determinations regarding: the allocation of any function to national departments, or the transfer of any function from one national department to another. 11
Legal Aspects Provincial Macro Organisation of the State S132(2) of the Constitution – The Premier of a province appoints the members of the Executive Council, assigns their powers and functions. S137 of the Constitution – The Premier by proclamation may transfer the to a member of the EXCO the administration of legislation ; or any power or function entrusted by legislation to another member. S7(5)(b) of the PSA – The President may by proclamation in the Gazette at the request of a Premier amend Schedule 2 so as to reflect the establishment, abolishment, designation or amendment in respect of any provincial department – It is proposed that the Premier write a letter to the MPSA to request any amendment to Schedule 2. S3A(b) of the PSA – The Premier of a province may make determinations regarding: the allocation of any function to any provincial department, or the transfer of any function from one provincial department to another. 12
Legal Aspects PSR 1/III/H - If the Minister or a Premier of a province makes a determination regarding the transfer of functions between departments- The relinquishing department shall transfer all concomitant resources, including personnel, to the receiving department; The recipient department shall co-ordinate the transfer; The recipient department shall accept accountability for the functions on the date of the transfer; The accounting officer of the relinquishing department shall retain accountability for matters originating prior to the date of transfer; The transfer of personnel shall take place with due regard to the requirements of the Labour Relations Act; and The transfer of funds shall take place in accordance with the requirements of paragraph 6.5 of the Treasury Regulations. 13
NMOS Project Governance PRESIDENT NMOS 2014: Steering Committee: DG: DPSA DG: Presidency (Chair) DG: GCIS DG: DPW DG: NT DGs of Affected departments NMOS: Project team. DG DPSA: Chair DDG: Governance: Secretariat National Project Team (NPT) Department Project Team DPT (Chair) Work streams: Work streams: WS 1 Org Scoping/ HR Staff Audit & Organisational Design WS1 Org Scoping/ HR Staff Audit & Organisational Design WS 2 Infrastructure & Assets WS 2 Infrastructure & Assets WS 3 Finance & Budgets WS 3 Finance & Budgets Collaboration WS 4 ICT Systems WS 4 ICT Systems WS 5 Legal & Policy Matters WS 5 Legal & Policy Matters WS 6 Labour Relations, Change Mgt &Communications DPT 6 Labour Relations, Change Mgt & Communications 14
NMOS, 2014 Steering Committee Composition: DGs in the Presidency, GCIS, DPSA, National Treasury, Public Works and the DGs of all affected departments. Functions: The implementation of the mandate of Government as determined by the President and Cabinet on the matter. The overall management of the NMOS Programme as described as above. To provide political referencing to political principals and overall guidance pertaining to issues that may emerge from time to time. To resolve and trouble-shoot any ambiguity in interpretation of political decisions and legal mandates and refer to political principals. To unblock obstacles that may emerge during the roll-out of the programme in any line department. To receive progress reports from the NMOS Project Team on the work done in the NPT and DPTs. To ensure quality assurance of the final products and reports for decision-making by political office bearers. To act as a high level forum for consultation for affected departments and support to departments. 15
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