INTRODUCTION

1. FOREIGN SERVICE BILL, 2016Presentation to the Portfolio Committee on International Relations and Cooperation16 March 2016

2. INTRODUCTION • The White Paper on South Africa’s Foreign Policy expresses the vision that South Africa should be a successful, influential and leading member of the international community and contribute to the development of our region, continentand the world • It also places emphasis on the need to pursue national economic policy objectives and leverage opportunities that arise internationally to the benefit of South Africa 2

3. South Africa’s Diplomacy of Ubuntu that focuses on our common humanity, and provides an inclusive and constructive world view to shape the evolving global order, can only be achieved if its foreign service is enabled through legislation to deliver on its mandate

4. RATIONALE FOR THE BILL • Currently South Africa does not have a legislative mechanism to support the mandate of the Department to achieve the country’s foreign policy objectives optimally 4

5. Unique challenges are faced daily in respect of the realities of the management and operations of missions in foreign jurisdictions • International relations are conducted in an increasing complex world and the foreign service has to be able to respond appropriately and adequately, and often immediately • Furthermore, international relations are executed in a global environment and operate within diverse legislative systems that are different from the national domestic legislative context 5

6. At present the practical and administrative challenges faced daily are to be dealt with within the confines of legislation aimed at regulating the public service domestically in South Africa • Various government departments with officials at missions operate in fragmented and inconsistent approaches • South African representation abroad at present includes, career diplomats within DIRCO, employees from other departments, appointees from outside the public service, etc. 6

7. The difficulties in the management and administration of the current foreign service system within the confines of legislation aimed at regulating the public service are evident and also leads to concerns of compliance to legislation by the Auditor-General. • Extensive research was done in respect of comparable countries such as Brazil, Kenya, Canada, Philippines, etc 7

8. The study revealed that the majority of foreign services have legislative frameworks through which the administration and management of the foreign service by their departments of foreign affairs/international relations are regulated • International practice further shows that for the effective execution of international relations a foreign service needs to be supported by an appropriate legislative framework that is flexible enough to address the challenges posed at an operational level in missions 8

9. WHAT DOES THE BILL DO? • The Bill creates an enabling legislative framework through which the current foreign service will be managed and regulated by DIRCO and through which international relations will be conducted • The Foreign Service as part of DIRCO will resort under the authority of the Minister of International Relations and Cooperation 10

10. The Bill consolidates the current fragmented approach into a single foreign service that can represent South Africa in a coherent and comprehensive manner in order to improve coordination, coherence and service delivery • The Bill is operationalized in the context of the Constitution, existing legislation applicable to the public and security services, but with the flexibilities needed to have an effective foreign service 11

11. The Minister will have the power to make any policy on an administrative or procedural matter that is necessary for the proper functioning and administration of the Foreign Service • The Minister may also make regulations regarding conditions of service of members of the Foreign Service who are placed or seconded at South African Missions 12

12. The Bill describes a number of functions of DIRCO, including: • Coordinating and aligning international relations between all three spheres of government • Lead, manage and coordinate the Republic’s participation in international engagements, negotiations and the conclusion of bilateral and multilateral agreements 13

13. CONTENTS OF THE BILL • Clause 1 contains the definitions to assist with the interpretation of the provisions of the Bill • Clause 2defines the Foreign Service and sets out how the Foreign Service is made up and who are the members of the Foreign Service. The Foreign Service is responsible for the implementation of the Republic’s foreign policy and for promoting the Republic’s national interests and values in line with its foreign policy 14

14. The Foreign Service will be managed and administered by DIRCO and to this end, DIRCO will, inter alia, coordinate and conduct the international relations at bilateral, regional and multilateral levels; coordinate and align the Republic’s international relations between all three spheres of government and render protocol, consular and custodianship services • Clause 3 provides for the requirements to serve as members of the Foreign Service. This clause provides for the minimum requirements a person must meet to qualify for transfer to a Mission 15

15. and the conditions of transfer • Clause 4 regulates the responsibilities of Heads of Mission to manage and administer the Mission and that the Heads of Mission must act on the instructions of the Director-General • Clause 5 deals with recall of members of the Foreign Service under specific circumstances • Clause 6 deals with the responsibilities of the Diplomatic Academy in respect of the training of South African diplomats and foreign diplomats especially from the African continent 16

16. Clause 7 provides that consultative, coordination and other mechanisms as the Minister may deem necessary for the effective execution of this Bill may be established • Clause 8 provides the Minister with the powers to acquire, dispose, lease or rent the immovable assets of DIRCO within or outside the Republic • Clause 9 provides for the policies, codes and directives that the Minister may make to assist with the proper management and administration of the Foreign Service 17

17. Clause 10, 11, 12 and 13 provide for the delegation of powers; making of regulations by the Minister; offences; and the short title 18

18. DEPARTMENTS AND PARTIES CONSULTED ON THE BILL • Public Service and Administration; Justice and Correctional Services; Home Affairs; Science and Technology; Agriculture; Health; Communications; Labour; Environmental Affairs; Transport; Higher Education and Training; Trade and Industry; Tourism; Public Works; National Treasury; SSA; SAPS; SANDF; SARS and SATOUR 19

19. PROCESS STATUS • The Bill was presented at ICTS and G&A DG Clusters on 3 March 2015 and 5 March 2015 respectively, for consultation. • It was later presented at ICTS Cabinet Committee meeting on 19 August 2015 and approved by Cabinet on 26 August 2015, then published in the Government Gazette on 17 September 2015 for public comments 20

20. It was certified by the State Law Advisers at the Department of Justice and Constitutional Development and tagged as a section 75 Bill 21