South Africa: Public Service Commission to oversee municipalities

South African President Cyril Ramaphosa signed a new law on September 16 that expands the mandate of the Public Service Commission to include municipalities and public entities. This legislation replaces the 1997 law, but its implementation date is yet to be determined by presidential proclamation.

The Commission, an independent body established by the Constitution, will be able to monitor and evaluate public administration practices, investigate administrative malfunctions, and assess failures in service delivery. Its oversight will no longer be limited to national and provincial structures.

The new law also empowers the Commission to require an executive authority or any individual affected by a decision to report on the progress made in its implementation. Any obstruction to the exercise of its powers may be penalized, once the relevant provisions come into effect, with a sentence of up to twelve months in prison, a maximum fine of 50,000 rand, or both.

Additionally, the legislation outlines the procedure for the appointment of commissioners by the president and establishes a dedicated secretariat to support the institution’s work. The presidency presents this reform as a strengthening of the Commission’s independence and its role in overseeing the ethics and effectiveness of administration.

The bill was introduced in 2023 and was revived after the 2024 elections. It was passed by the National Assembly in March 2025 and by the National Council of Provinces in May 2026. The provisions concerning public entities and municipalities will be implemented gradually according to the proclamations outlined in the text.