New Powers for the Public Service Commission

he Organisation Undoing Tax Abuse (OUTA) has noted the signing into law of the new Public Service Commission Act, which strengthens the institutional position and oversight role of the Public Service Commission (PSC) and expands its reach across the state.

President Cyril Ramaphosa signed the Act into law on 16 September 2026, replacing the Public Service Commission Act of 1997.

Why should South Africans care about changes to the Public Service Commission? Because the quality of public administration affects almost every interaction people have with the state.

When officials are appointed for the wrong reasons, when maladministration is allowed to continue, when public servants act unethically or when repeated administrative failures contribute to poor service delivery, ordinary people carry the cost.

The PSC is one of the institutions meant to identify these failures and promote a professional, ethical and effective public administration. Giving it greater reach and stronger mechanisms to follow up on its decisions could strengthen accountability across government, particularly at municipal level. But those powers will only matter if they are actually used and authorities are required to act.

OUTA participated in the legislative process in 2023. While supporting measures aimed at strengthening the PSC, OUTA called for greater independence, broader oversight and stronger mechanisms to ensure that the Commission’s findings and recommendations lead to action.

Several changes introduced by the new Act address issues OUTA raised during that process.

“The Public Service Commission has an important role to play in building a more professional, ethical and accountable public administration,” says Stefanie Fick, OUTA Executive Director: Accountability and Public Governance.

“But stronger legislation means little if it does not change what happens in practice. The Commission needs the independence, resources and authority to do its work, and organs of state must act when failures are identified.”

Oversight beyond national and provincial government

One of the most significant changes is the extension of the PSC’s mandate to municipalities and public entities.

OUTA supported broader PSC oversight during the legislative process because governance failures, questionable appointments, weak administration and poor service delivery are not confined to national and provincial departments.

Municipalities are where many South Africans experience the state most directly. When administration fails, residents experience it through unreliable services, unanswered complaints, poor financial management and institutions that simply do not work as they should.

“Extending the PSC’s reach to municipalities and public entities creates an important additional layer of oversight,” says Fick.

“Residents should not have to accept dysfunctional administration, poor governance or repeated service delivery failures simply because they occur at local government level. Oversight must reach every sphere where public power is exercised and public money is spent.”

OUTA notes that the extension of the PSC’s mandate will be phased in and believes this process should be closely monitored to ensure that broader oversight becomes effective in practice.

Stronger independence and follow-through

The Act strengthens the institutional position of the PSC, including through the establishment of a dedicated Secretariat.

The Commission is constitutionally required to exercise its powers independently and impartially, without fear, favour or prejudice. This independence is essential if the PSC is to investigate administrative failures and unethical conduct without political interference.

The Act also strengthens mechanisms for following up on Commission decisions.

The PSC may require an executive authority or another affected person to report on progress in implementing a Commission decision.

For OUTA, this is critical.

South Africa has no shortage of investigations, reports, findings and recommendations. Too often, however, the accountability process stops once a problem has been identified.

“Accountability cannot end with another report sitting on a shelf,” says Fick.

“If the PSC identifies maladministration, unethical conduct or serious administrative failures, there must be a clear record of what was done about it, who was responsible for acting and whether that action actually happened.”

The Act also introduces consequences for obstructing the Commission, with penalties including a fine of up to R50,000, imprisonment for up to 12 months, or both.

The test is what happens next

The new Act gives the PSC stronger tools, but legislation alone will not professionalise the public service.

The Commission must have sufficient capacity and resources to fulfil its expanded responsibilities. Its independence must be protected. Its findings must lead to action. And the public should be able to see whether authorities have responded.

This reflects a broader accountability problem OUTA has repeatedly highlighted across government: identifying failure is not enough. Oversight must lead to correction, consequence and reform.

“The real test of this Act will not be the powers written into it,” says Fick.

“It will be whether those powers change behaviour. We need ethical appointments, better administration, consequences where officials fail in their duties and measurable improvements in the way the state serves the public.”

OUTA will monitor the implementation of the Act, particularly the extension of the PSC’s mandate to municipalities and public entities and the mechanisms used to track whether Commission decisions are acted upon.

“South Africans need public institutions that work, officials who understand that public office carries responsibility, and oversight bodies with the independence and authority to hold the administration to account,” says Fick.

“The PSC now has stronger tools. The question is whether they will be used.”