Final PAS111.pptx- new public administration

Theoretical concepts about new public administration started in 1968 as the break through in the field of public administration

1. New Public Administration: the new public administration started in 1968 as breakthrough in the field of public administration; Also called: Managerialism, New Public Management, Market-Based Public Administration, Post-Bureaucratic Paradigm, Entrepreneurial Government 1

2. The thrust in 1980’s was to make public administration; Major contributors:s Christopher Hood in 1991 public sector management theory and an approach that uses managerial techniques originating from the private to increase the achievement of the ‘value for money’ by public services. Proposed that in order to improve performance in the public sector managers should adopt practices and management techniques like: market mechanism eg Compulsory Competitive Tendering Contract, Privatisation of public corporations NPM challenges the seven Traditional Public Administration principles (which was dominant in the 20 th century) theoretically and practically, and the adoption of new forms of public management 2

3. Seven fundamental principles of traditional public administration. The first principle is that of bureaucracy: that governments must organize themselves according to the hierarchical, bureaucratic principles as highlighted in the classic analysis of bureaucracy by Max Weber. bureaucracy does not work well in all circumstances and has some negative consequences .

4. Secondly, one-best-way: this is about working guided by scientific management principles or procedures provide the single best way of operating an organization (administrators to strictly adhere to the procedures ( Taylor, 1911 ). trying to find the one-best-way is elusive and can lead to rigidity in operation (flexible management systems pioneered by the private sector are adopted by governments).

5. The third principle is bureaucratic delivery: government is involved in a policy area and it is also the direct provider of goods and services through bureaucratic delivery . delivery by bureaucracy is not the only way to provide public goods and services; governments can operate indirectly through subsidies, regulation or contracts, instead of always being the direct provider.

6. Fourthly, politics/administration dichotomy : is the belief among administrators in the politics/administration dichotomy , that is , political and administrative matters must be separated ( administration is an instrument for merely to carry out instructions, while matters of policy or strategy are the preserve of the political leadership (Wilson, 1941). P olitical and administrative matters are in reality intertwined

7. Fifthly, public interest : the motivation of the individual public servant i s assumed to be that of the public interest ; in that service to the public was provided selflessly. Some public servants are motivated by the public interest but there are also some who are political players in their own right and work for their own advancement and not pure selflessness. Sixthly , professional bureaucracy: public administration i s considered a special kind of activity and, therefore, required a professional bureaucracy , neutral, anonymous, employed for life, with the ability to serve any political master equally. The case for unusual employment conditions in the public services is now much weaker, especially given the changes that have taken place in the private sector where jobs for life are rare.

8.  Seventhly, the tasks involved in public service were indeed administrative in the dictionary sense, that is, following the instructions provided by others without personal responsibility for results. the tasks involved in the public sector are now considered more managerial, that is, requiring someone to take responsibility for the achievement of results, instead of being regarded as administrative and with public servants merely following instructions.

9. NPM seven doctrinal components (Hood, 1991:4-5) Hands on professional management in the public sector-this means letting the managers to manage i.e. enjoy control and autonomy and accountability Explicit standards of performance-i.e. clear definition of goals and performance targets Give attention to measurement of results both input and output. Greater emphasis on outputs i.e. resources must be directed to areas according to measured performance; stress the need for results rather than procedures Focus on disaggregation i.e. breaking up of big entities/bodies into corporatizes units/manageable units to gain efficiency advantages within and outside. Focus on greater competition in the public sector. I.e. this means using rivalry to gain lower costs and better standards e.g. through ‘contract and public tendering procedures 9

10. 6. Stress private sector styles of management practice i.e. utilize private sector management tools in the public sector 7. Stress greater discipline-i.e. cutting direct costs, raising labour discipline limiting various costs; need to check the demand of public sector and do more with less summarized as: productivity, marketization, service orientation, decentralization, a policy orientation, and accountability for results; Emphasizes decentralisation, devolution , and modernized provision of public services ; development of individuals in organisations through values, ethics, internal and external ethics and emphasizing issues fair treatment. 10

11. Critics NPM is not one phenomenon or paradigm, but a cluster of several NPM is simply a sub-school of PA that has been limited in its impact by the lack of a real theoretical base and conceptual rigor benefits of the NPM are at best partial and contested NPM is a failed paradigm

12. Difference between public and private organisation

13. What are Public Organizations? Any organization that isn’t private? − Public organizations − Examples include …….MDAs )Ministries, departments and agencies Quasi-governmental organizations- government nonprofit/nongovernmental) − Examples include hospitals, schools, universities (e.g., IU), philanthropic organizations (e.g., Red Cross), community service groups (e.g., Salvation Army, boy/girl scouts ),

14. Distinction between Public and Private Administration Is there anything like private or business administration as different from public administration? What is the relationship of the two? 14

15. Public and Private Administration There are two views: First that administration is one whether found in public or in private organisations. Both are designed to help those who wish to organizational goals, generic meaning of administration implies that there is only one ‘administrative science’ which is applicable to both public administration and private administration. There are neither sharp nor irreconcilable points of divergence; practices, procedures and philosophy are similar and/or identical between the forms of administrative management. Blurred difference-no clear distinction Second : that there are differences as ‘public affairs’ are different from those in ‘ private business’. 15

16. Similarities: Similar a ctivities of a private nature are also performed PA, conversely there are many PA activities performed by private business organisations, NGOs, Civil Society e.g. education, health, agriculture; Government draws expertise and knowledge of private administration Both have multiple aims, objectives principles such as survival, strength, leadership and profit maximization. Organisation and employment, methods and practices- Private organizations like multinationals adopt character of government principles, impersonality, democratic leadership and public responsibility; 16

17. Differences: Political Control: PA is subjected to the principle of external political control e.g. by Legislature. Private administration is not subjected to political direction except in terms law compliance. Ownership- Public organisations/ government administration or state's ownership is complex , ( who owns government? Is it public/electorate, politicians, CSOs who can claim ownership ). private administration, business is owned by small number of person, shareholders Multiplicity of goals- PA has multiple goals e.g. social welfare, political advantages and national prestige., goals not concrete, not clear and not single-minded . Private admin’s goal of profit making is overriding. 17

18. Differences: Test of efficiency- PA is associated with extravagance, corruption, red tape, strict adherence to the chain of command; rigidity and inefficiency. Private Admin’s efficiency is considered superior to that of PA; Immeasurability of public service-Public services are intangible difficult to quantify input and outputs or evaluate activities of people operating in the public service such as performance of diplomats, researchers, judicial service and educational work . In Pvt administration most inputs are quantifiable. 18

19. Differences: Scope of activities- PA covers a wide variety of activities and modes of organisation such as local government, statutory corporations, state owned public enterprises; public services range from external defence, foreign relations, provision of currency, maintenance of law and order and ensuring economic and social wellbeing, health, education and agriculture etc . Private Admini activities are narrow are specific e.g. manufacturing, provision of a particular service 19

20. Ethics and Accountability in the public service

21. Defining Ethics ‘ ethics refers to the study of right and wrong behaviours. Ethos’ (Greek): values of correct behaviour; Internal and external standards; morals, codes or rules of conduct that govern individual or group behaviour; right actions justified with societal standards of right or wrong Ethical Behaviour - behaviour that reflects societal values equated to obeying law since social standards are defined by law. Ethics in public institutions mean that public administration and management must comply with accepted ethical principles

22. Ethics & Government Government ethics refers to a particular professional code of conduct for those who work in and for government. Government ethics, therefore, involves rules and guidelines about right and wrong behaviours for a host of different groups, including elected leaders (such as the Prime Minister and Cabinet Ministers), elected representatives (such as Members of Parliament), political staff, and public servants. Ethical principles for public servants are derived form legislation, official documents, for example, codes of conduct, Public service regulations etc.

23. Ethics play an important role regulate behaviour/relations for efficient and effective public administration, responsible behaviour to manage taxpayers ’ money, public assets and property.; services to citizens, such as social services, public utilities, police services, and national security. ethical code of conduct provide a set of guidelines to ensure harmony protecting against government waste and ensuring effective public administration; prohibit many of the activities that lead to waste, including theft by public officials and use of government property for private gain. address issues such as bribery and conflicts of interest; activities that can lead public officials to sacrifice the public interest in the administration of programs and services for private gain and benefit. Promote professionalism -‘the way in which public managers and their subordinates behave as evaluated according to standards unique to their activities’ -proficiency and competence.

24. Ethical dilemmas Ethical dilemmas: These are difficult and very unique ethical questions facing public officials ; competing ethical values that function as obstacles to effective service delivery -difficult value choices among; Personal values; Professional values; Organisational values; Societal values Five major value questions or principles facing public servants relate to : Public Interest public servant is required to serve public interests; seeking common good; ‘ acting responsibly by avoiding self interest in favour of public’s’ Dilemma: - although public servant is required to serve public interests but public interest is determined by politicians whose values often different; Public servants seek selfish/ personal objectives not public interest

25. 2. Political neutrality- ‘ Avoid activities which are likely to impair political impartiality ’; Promote merit; Fairness and impartiality; Avoid patronage and Avoid undermining public confidence in impartial conduct Dilemma: -Public servants are involved in politics (e.g. they vote) -often exploited by politicians who seek support for their parties 3. C onfidentiality- ‘ public servants are not to seek or obtain personal or private gain from release of confidential information’ Clashes with openness and disclosures Difficulties in what to disclose and what to keep secret Difficult to balance value of openness and privacy

26. 4. C onflict of interest- ‘ a situation in which public manager has private or personal interest sufficient to influence or appear to influence the objective exercise of his or her official duties; It exists where official duties and responsibilities are at variance with private interests Dilemma: There are many variations of conflict including Influence peddling, Improper use of public property ; Moonlighting; Accepting gifts; Awarding contracts to friends 5. Accountability Those exerting power and authority are answerable or held accountable for the exercise of power/action or inaction Dilemma: There are questions relating to Accountable to who(multiple accountabilities? Accountable for what (profession, conscience ?) and Are Mechanisms of accountability in place?

27. INSTITUTIONAL TECHNIQUES TO ENHANCE ETHICAL BEHAVIOUR Traditional Approach focus on enforcement laws, rules, regulations and sanctions ) Laws and legislation (e.g. corrupt practices Act) Ombudsman Policy manuals Public service Regulations/manuals Auditor general Public procurement procedures and regulations code of conduct Challenges Large number of behavioural norms unwritten conventions Unenforceability e.g. moonlighting burden of proof

28. Administrative measures Elements for creation of hospitable climate Leadership (must be exemplary; role models declare war against unethical behaviour) Training and education (Behaviour modification; ongoing induction) Performance appraisal( feedback; clarify standards) Reward system-(“it is hard for an empty sack to stand”; improve pay to prevent public servant supplements to their salaries), Ethical counsellor/HRM officers to act as counsellors

29. Structure and control of Public Administration Basic structure and functions of Government Executive control of public administration Legislative control of public administration Judicial control of public administration 29

30. STRUCTURE AND FUNCTIONS OF PUBLIC ADMINISTRATION (Government) The meaning of government “ institutions and their personnel which administer laws and manage public affairs entrusted to their care” (Johnstone 1971). The machinery or central institutions established to exercise supreme political authority within the given state . 30

31. A system of policy and decision-making processes, institutional structures, and rules for articulating or speaking about, resolving, and acting upon issues of public concern. The agency of the state for the making and delivery of the rules, laws and policies. The organs at different levels, namely, central government at the national level, regional and local government levels. 31

32. The three main branches of central government, namely, the legislature, the executive and the judiciary. Separation of powers: This is the principle that the functions of the three branches of government, are separate, and that the three branches should work without undue interference from other branches of government. 32

33. The role and functions of government in society a comprehensive service provider is responsible for design, delivery and evaluation of public services : mandating action ; financing services and providing services. Governments are set up with the aim to serve the citizens of the country i.e. general administration: Concern itself with law and order; Defend the country in case of external aggressions; Social infrastructure of the economy e.g. education, health; Play a positive role in economic affairs, income distribution and Creating conducive environment for business although Government may also directly participate in the economy . 33

34. The traditional functions of government can be summarized as:- Defining and punishing crimes Settling disputes Provision of security (for life and property) Issue of money and currency Revenue collection Provision of social services Infrastructural development Economic development 34

35. BASIC STRUCTURES AND FUNCTIONS There are structures at the different levels namely , central , regional or provincial and local levels.   35

36. 36

37. The structure of ministries and departments of central government The Ministry or department is ‘the main instrument that gives effect to government policy when parliament has passed the necessary legislation’. The term ministry is commonly used as a synonym with department. 37

38. Salient features of a Ministry (department) It is under the overall leadership of a political office holder called minister or in other countries commissioner; department and ministry are under ministerial control. The ‘non-ministerial administrative agencies’ are outside ministerial control. 38

39. It is of considerable size and hierarchically structured with distinct offices arranged, it puts the political head at the apex and other officials are at different positions/levels. The channels of communication are expected to be upwards, downwards and lateral. 39

40. Civil servants are organised hierarchically in line with structural arrangement and operate according to established rules and consider their offices impersonal or non-personal. Ministries conduct their activities under the general oversight of and control by legislative bodies. The work of many ministries extend beyond the nation or central government headquarters to ‘field administration’. 40

41. Principles for government structure The major principles which governments follow in deciding the structure of the civil service are :- functional principle - this refers to the allocation of one or more activities of government to specific units based on specialisation, e.g. defense, health, education, agriculture etc . process principle- involves giving responsibility to a unit for carrying out processes which serve the needs of a number of other units , e.g. Ministry of Finance is given responsibility to process and manage finances of every other ministry or department . Clientele principle –this is adopted when a government unit is given responsibility for dealing with particular groups or kind of person , e.g. ministry of women, youth and children. Area principle- it involves organisational arrangements for field administration and local government e.g. Ministry of local government. 41

42. The nature of governmental : i n ‘Parliamentary government system where the political heads of ministries are individually and collectively responsible for all government functions e.g . Britain- in this system the functional principle tends to be overemphasized. - In Presidential government system the President is the chief executive and he or she is the only person responsible in the final analysis for the exercise of the executive powers e.g. USA -in this system they combine two or more of the principles i.e. functional, process, clientele and area. 42

43. Political judgment also called political convenience - It refers to a situation where without reference to any of the above four principles, the head of government decides to have a particular number of cabinet ministers and the sharing of government functions follows only the number of ministers known. 43

44. LEGISLATURE The legislature, the representative body of the people exercises control over the administration. It also exercises legislative control with regard to procedures and accountability of public administrators through parliamentary committees. 44

45. Forms of legislative control The President’s Speech: every new session of the parliament opens up with the speech of the President , spells out the broader policies and activities. Presidential speech which give legislators the opportunity to criticize the executive action. Discussion on Budget: budget is presented by the Finance Minister in the Parliament for approval . the discussion on the budget ( finance bill) provides the MPs an opportunity to discuss the entire administration . Question Hour: The purpose of the question hour is to elicit information or clarification on the matters pertaining to public interest. In practice the actual purpose of the question hour is to draw public attention to the failure and abuse of authority by the government or to address the public grievances. 45

46. Adjournment Motions- The normal business of the House is suspended for the day and the immediate debate takes place. It is used to draw the attention of the government to the questions of urgent nature and MPS get an opportunity to criticize the administration. Censure Motion: This means the Vote of No-Confidence. The members of the Parliament have the right to move the Vote of No-confidence in order to express the total disapproval of the policy of the government or the part of it. In case of an adverse vote the government has to resign. 46

47. Debates on the legislation: The bill of law passes through various stages before the enactment. The various readings of the Bill provide an opportunity to the members of Parliament to criticize the entire policy underlying the bill. Parliamentary committees: The Parliamentary committees act as a tool of effective control over the administration. The financial committees of the Parliament such as Public Accounts Committee, Estimates Committee ‘and the Committee on Public Undertakings exercise detail and substantial control over the financial matters. 47

48. EXECUTIVE CONTROL the President as the head of the executive exercises power and authority to direct activities of public administration/agency. Budgeting: Executive also has control over the financial matters pertaining to administration. The Executive prepares the budget of the department, determines the sources of income and sanctions the amount of expenditure that the department can incur. The amount sanctioned cannot be exceeded by the administration. Delegated legislation- is another form of Executive control over public officials. The Parliament generally passes the law in the skeleton form and details are filled up by the executive departments. Further the Chief Executive has the power to issue rules and regulations of the administrative action when the parliament is not in session. 48

49. limitations The sheer size of the public administration/bureaucracy limits the executive control over administrative agencies. Although executive may enforce orders, it is difficult to give close attention to everything done by the administrative agencies and some decisions will be left to lower level administrators. The executives are also limited because they divided loyalty of subordinates; even political appointees; e.g. political appointees may have more loyalty to their agency than the other employees. 49

50. JUDICIAL CONTROL By judicial control - the power of the courts to examine the legality of Public officials action to safeguard the essential rights of the citizens. to ensure that the authority does not abuse its power and the individual receives just and fair treatment and not to ensure that the authority reaches a conclusion, which is correct in the eye of law . Judicial intervention in administrative activities is confined to the following cases: Lack of Jurisdiction: If any public official or administrative agency acts without or beyond his or her authority or jurisdiction the courts can declare such acts as ultra-vires. Error of Law: This category of cases arises when the official misconstrues the law and imposes upon the citizen obligations, which are absent in law. This is called misfeasance in legal terminology. The courts are empowered to set right such cases. 50

51. Error of Fact: This category of cases is a result of error in discovering cases and actions taken on basis of wrong assumptions. Any citizen adversely affected by error of judgment of public official can approach courts for redress. Error of Procedure: Public officials must act in accordance with the procedure laid down by law in the performance of the administrative activities. If the prescribed procedure is not followed the intervention of the courts can be sought and legality of administrative actions can be questioned. Abuse of authority: If a public official exercises his or her authority vindictively to harm a person or use authority for personal gain, court’s intervention can be sought. In legal terms, it is called malfeasance. The courts can intervene to correct the malfeasance of administrative acts. 51

52. Forms of Judicial control over Administration The judicial review -implies the power of the courts to examine the legality and constitutionality of administrative acts of officials and also the executive orders and the legislative enactments. The statutes made by Parliament Statutory Appeals -The statutes provide that in a particular type of administrative action the aggrieved party will have a right of appeal to the courts or to a higher administrative tribunal. E xtraordinary remedies ( writs- an order of the court enforcing compliance on the part of those against whom the writ is issued. ) Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Waranto. 52

53. Habeas Corpus Habeas Corpus- literally means to have the body of. This writ is an order issued by the court against a person who has detained another to produce the latter before the court and submit to its orders. Mandamus literally means command. A public official is commanded to perform the act which he/she fails to perform as part of his public duty and violates the right of an individual . Prohibition-It is a judicial writ issued by a superior court to an inferior court, preventing it from acting or usurping jurisdiction, which is not vested with it. While Mandamus commands activity, Prohibition commands inactivity. 53

54. Certiorari: It is a writ issued by a superior court for transferring the records of proceedings of a case from an inferior court to the superior court for determining the legality of the proceedings. Quo Waranto: Literally, means ‘on what authority’. writ, which enquires into the legality of the claim of the person to that office. (Occurs when any person acts in a ‘public office’ in which he/she is not entitled to act). 54

55. Limitations of judicial control over administration The effectiveness of judicial control over administration is limited by many factors. Some of these limitations are: Unmanageable volume of work: The judiciary is not able to cope up with the volume of work. Post-mortem nature of judicial control: In most of the cases the judicial intervention comes only after enough damage is done by the administrative actions. Prohibitive Costs: The judicial process is costly and only rich can afford it. Cumbersome procedure: Many legal procedures are beyond the comprehension of common man. 55

56. Statutory limitations: The courts may be statutorily prevented from exercising jurisdiction in certain spheres. There are several administrative acts, which cannot be reviewed by courts. Specialized nature of administrative actions : highly technical nature of some administrative actions act as a limitation on judicial control. The judges, who are only legal experts, may not be able to sufficiently appreciate the technical implications of administrative actions . Lack of awareness: In developing societies, most of the people who are poor and illiterate are not aware of judicial remedies and the role of the courts. Erosion of autonomy of judiciary: there is executive interference in the working of judiciary. The quality of judiciary mostly depends on the quality of the judges. Many allegations of corruption against judges undermines the prestige and the effectiveness of the judiciary. 56

57. Public administration in Malawi- structure role and functions Legislature , executive and judiciary Central government- Ministries, departments Local government- city district, town, municipal councils Public enterprise- parastatals

58.  The Constitution establishes the three main branches of central government and governance institutions, viz:- the Legislature, the Executive; and the Judiciary Separation of powers: intrinsically interlinked, operate independently and each branch works within legally defined areas of responsibilities as provided in Chapter VI, VIII & IX of the Republic of Malawi Constitution. no branch influences or unduly interferes with the functions of the other the three branches provide checks and balances on each other 58

59. Legislature   The legislature has lawmaking, representative and oversight functions. All legislative powers of the Republic are vested in Parliament. Parliament in Malawi is composed of the National Assembly and the President as Head of State whereby the former comprises elected members representing constituencies of the country. Parliament is headed by the Speaker of Parliament . 59

60. The Legislature   Unicameral and almost became bicameral if it were not for scraping the Senate from the constitution. Current configuration (T=193 i.e. SR 87, CR 73 & NR 33) Power to make or unmake laws Acts subject to the Constitution Parliamentary Committee i.e. Oversight functions- monitor budget, appointments Serve five years through direct universal suffrage 60

61. The Executive The Executive is responsible for policy development and implementation, initiating legislation, implementing all laws and preparing the budget of the State. It is composed of The President, the First Vice President, the Second Vice President and Cabinet Ministers and Deputy Ministers. Executive powers are vested in the President who is the Head of State and Government. In carrying out its functions, the Executive is assisted by the Civil Service. Its characteristics include the following: most visible branch of Government President, Cabinet, all government Ministries and public servants Responsible for policy development & implementation, initiating legislation Political and administrative leadership, controlling the armed forces, foreign relations and (judicial functions). 61

62. The Executive Executive Decision-making Structures The President Cabinet Cabinet Committees Office of the President and Cabinet (Chief Secretary & Cabinet Office) Central Agencies Line Ministries 62

63. The Executive : The president Heads the executive branch & regularly consults Cabinet key functions: Section 89 (3) of the Constitution ; include to: execute policies and assent to Acts; observe and defend the provisions of the Constitution; defend and uphold the Constitution as the supreme law of the Republic; control the armed forces and foreign relations; undertake judicial functions such as to grant pardons and commutation of sentences; and appoint designated Executive and Judiciary Officers of the government. 63

64. Cabinet: Sec 92 (1) < the President, the First Vice President, the Second Vice President, as the case may be, and such Ministers and Deputy Ministers as may, from time to time, be appointed by the President> makes all the key policy, statutory, financial and resource decisions of Government. Cabinet approval signifies the Government position 64

65. OPC T hrough the Cabinet Office, serves as secretariat to Cabinet Cabinet Office headed by Chief Secretary Arranges Cabinet Business & conveys decisions Facilitates public policy development processes. Apex/hub of the public service 65

66. Central agencies : Service all Government Institutions Supports executive decision-making processes Include OPC, DHRMD, Ministry of Finance, (EPD), Ministry of Justice Oversee inter-ministerial processes of information sharing, consultation & coordination Roles include: coordination, integration, due diligence, monitoring & Evaluation, regulation & management Oversight functions 66

67. Line Ministries These operate at the national, regional & district levels Put into effect government policies & development goals Roles include:- provide technical guidance through polices and meetings support and guide implementation ensure that sectoral services are delivered in accordance within the existing standards, ensure quality control and efficient and effective resource utilisation.   67

68. Some functions or activities of government are delegated to some institutions which include : Boards: -For parastatal organizations to operate with efficiency and accountability Board of Directors or Governors are appointed to act as a link between government and the management (or organization) Commissions-These are special bodies created by government that carry out functions of a human resource management nature and act as an arbiter between employees and employers in the public service . Statutory organisations, Parastatals or public enterprise are organization that operate under government auspices to produce products or services as generally specified or approved by government officials but which are given more autonomy from government controls. 68