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Public Administration Management Act (Act No. 11 of 2014)

Regulations

Office of Standards and Compliance Regulations, 2022

2. Powers and functions of head of Office

 

(1) The functions of the head of Office are
(a) to advise the Minister on—
(i) the determination of minimum norms and standards;
(ii) the enforcing of compliance with minimum norms and standards; and
(iii) establishing frameworks, structures and processes for the setting of minimum norms and standards from regulatory norms;
(b) to assess the appropriateness of—
(i) minimum norms and standards, and
(ii) public administration norms and standards;
(c) to ensure that the Office promotes, monitors and takes the necessary steps to secure compliance with—
(i) minimum norms and standards; and
(ii) public administration norms and standards;
(d) in order to give effect to paragraph (f) to develop and implement—
(i) an early warning system to detect public administration non-compliance and;
(ii) a monitoring framework for data governance including a format for monitoring reports;
(e) to ensure that the Office performs its other functions in terms of section 17(4) and (6) of the Act; and
(f) to report in terms of section 17(4)(f) and (6)(d) of the Act—
(i) on the performance of the Office's functions at least once a quarter;
(ii) annually, together with a report referred to in subparagraph (i) on the effectiveness of the minimum norms and standards or any other matter related to the Office's functions; and
(iii) as directed by the Minister, on the progress made in any investigation and finalisation of matters brought before the Office, or any other matter referred to subparagrpah (ii).

 

(2) For the purposes of a report referred to sub-regulation (1)(f)(ii) and (iii), the report must include details on the failure to—
(a) comply with compliance orders issued under regulation 4(4);
(b) mitigate non-compliance; and
(c) conduct self-diagnostic assessments on capacity and functionality audits.

 

(3) In order to perform the functions and fulfil the objects of the Office, the head of Office may—
(a) do whatever is reasonably necessary to perform the functions of the Office; and
(b) delegate any of the head of Office's funcitons to a member.

 

(4) Any member to whom a function has been delegated under this regulation must exercise that function subject to the conditions that the head of Office considers appropriate.

 

(5) Any delegation of a function in terms of this regulation—
(a) must be in writing;
(b) does not prevent the head of Office from exercising that function or performing that power; and
(c) may any time be withdrawn in writing by the head of Office.