ETHICAL CHALLENGES FACED BY NEW STAFF AND YOUNG LEADERS IN THE PUBLIC SERVICE

1. ETHICAL CHALLENGES FACED BY NEW STAFF AND YOUNG LEADERS IN THE PUBLIC SERVICE ANNUAL ROUNDTABLE ON THE PROMOTION OF PRFESSIONAL ETHICS IN THE PRUBLIC SERVICE 25-26 NOVEMBER 2009 PEMIER HOTEL: PRETORIA

2. OVERVIEW OF PRESENTATION • Introduction • Ethical dilemmas faced by junior staff and young leaders • Measures to address ethical dilemmas • What can be done to assist in addressing challenges • Composition and role of ethics committees • Functions of ethics committees • Functions of ethics officers • Activities involved in managing the FDF (Monitoring & Evaluation)

3. INTRODUCTION • In terms of the Constitution of the RSA, 1996, public administration must be governed by the democratic values and principles enshrined in the Constitution, including the promotion and maintenance of a high standard of professional ethics (s.195(1)(a) ). 3

4. INTRODUCTION cont’d • Government has put measures in place to ensure ethical conduct throughout the Public Service (legislation and codes of conduct). • All employees in the Public Service are obliged to comply with all these measures and prescripts (e.g. the Code of Conduct for the Public Service and the Financial Disclosure Framework). 4

5. INTRODUCTION cont’d • Government has also ratified certain international statutes/conventions, the provisions of which have been incorporated into legislation (Prevention and Combating of Corrupt Activities Act, 2004). Examples of such statutes are as follows: • The United Nations Convention Against Corruption (November 2004). This statute makes it compulsory for member states to develop codes of conduct. • African Union Convention on Preventing and Combating Corruption (November 2005). • SADEC Protocol Against Corruption (May 2003). 5

6. ETHICAL DILEMMAS FACED BY JUNIOR STAFF AND YOUNG LEADERS • Lack of sufficient information regarding their roles/expectations. • Salary v/s temptation. • Doing as told v/s what is right. • Not compelled to disclose financial interests.

7. MEASURES TO ADDRESS ETHICAL DILEMMAS • Full compliance with the Code of Conduct. • Efficiency. • Transparency. • Honesty. • Integrity. • Commitment. • Accountability. • Loyalty. • Duty to disclose to be extended to officials other than senior managers.

8. MEASURES TO ADDRESS THE ETHICAL DILEMAS CONTINUED • EFFICIENCY • Employees need to be sure of what is expected of them. [Familiarize themselves with and abide by all statutory and other (lawful) instructions applicable to their duties. • Full cooperation with one another to advance the public interest. • Execute all official instructions. • TRANSPARENCY • In carrying out official duties, make fair decisions in pursuance of the public interest. 8

9. MEASURES TO ADDRESS THE ETHICAL DILEMAS CONTINUED • HONESTY • Prior written approval of HoD required for accepting private gifts with a monetary value exceeding R350. • INTEGRITY • No improper use or disclosure of official information. • Refrain from favouritism and abuse of authority. • Recuse him/herself from decision-making processes that are likely to result in or be construed as improper personal gain and this should be properly declared (Chapter 2 C 4.6). • Not to request, negotiate for or accept any interests, gifts or employment in violation of the framework. 9

10. MEASURES TO ADDRESS THE ETHICAL DILEMAS CONTINUED • COMMITMENT • Should show courtesy in the execution of duties (politeness, helpfulness and reasonably accessible). • Treat members of the public as customers who deserve quality services. • Take initiative in doing the work. • Show dedication. • Provide quality services. • No engagement in any transaction or action that is in conflict with or infringes on the execution of his her official duties (Chapter 2 C 4.5). 10

11. MEASURES TO ADDRESS THE ETHICAL DILEMAS CONTINUED • ACCOUNTABILITY • Strives to achieve the objectives of the institution in a cost effective and efficient manner. • Be honest and accountable in dealing with funds and use public service’s property and other resources effectively, efficiently and only for authorised official purposes. • Be punctual in the execution of duties (strive to meet deadlines). • Be professional. 11

12. MEASURES TO ADDRESS THE ETHICAL DILEMAS CONTINUED • LOYALTY • Employees are expected to execute government policies in a dedicated, skillful and faithful manner. • Section 30 of the Public Service Act, 1994 (as amended) provides that: • (a) “every officer and employee shall place the whole of his/her time at the disposal of the State”. • (b) “no officer or employee shall perform or engaged himself/herself to perform remunerative work outside his/her employment in the public service, without permission granted by the relevant Executive Authority or an officer authorised by the said authority”; and 12

13. CONSEQUENCES FOR NON COMPLIANCE WITH SECTIN 30 OF THE ACT AND THE RELEVANT PSR • Section 31 of the Public Service Act, 1994 (as amended) provides that: • (1) (a) (i) “If any remuneration, allowance or other reward is received by an officer or employee in connection with the performance of his/her work in the public service otherwise than in accordance with the provision of the Act or a determination of the Minister, or is received contrary to the provisions of Section 30 (b) that officer or employee shall, subject to the provisions of subparagraph (iii), pay into revenue an amount equal to the amount of any such remuneration, allowance or reward or, where it does not consist of money, the value thereof as determined by the head of the department in which he/she was employed, or in which is regarded to have been employed by virtue of the provisions of section 1 (3), at the time of the receipt thereof, and if he/she does not do so, it shall be recovered from him/her by the said head by way of legal proceedings or in such manner as the Treasury may approve, and be paid into revenue.” • In terms of Chapter 2 C 5.5 of the PSR, employees should not perform remunerative work outside the their official duties without prior approval from the HoD. • Execute government policies in a dedicated, skillful and faithful manner. 13

14. CONSEQUENCES FOR NON COMPLIANCE WITH SECTIN 30 OF THE ACT AND THE RELEVANT PSR CONTINUED • (ii) The officer or employee concerned may appeal against the determination of the head of department to the relevant Executive Authority, who may make such decision as he/she may think fit.” • (iii) The relevant Executive Authority may approve of the officer or employee concerned retaining the whole or a portion of the said remuneration, allowance or reward.” 14

15. WHAT CAN BE DONE TO HELP ADDRESS THE CHALLENGES • Chapter 2 C 4.10 of the Code of Conduct for the Public Service provides that, “an employee in the course of his or her official duties, shall report to the appropriate authorities, fraud, corruption, nepotism, maladministration and any other act which constitutes an offence, or which is prejudicial to the public interest. • Chapter 2 C 5.3 of the Code of Conduct for the Public Service provides that, “an employee shall not, without prior written approval of the Head of Department obtain or accept any gifts, benefits or item of monetory value (a description and the value and source of gift with a value in excess or R350) from any person for himself or herself during the performance of duties as these may be construed as bribes.” 15

16. WHAT CAN BE DONE TO HELP ADDRESS THE CHALLENGES CONTINUED • The financial disclosure framework should be amended to extend the duty to disclose financial interests to other levels lower than the SMS. Particularly to officials operating in the area of procurement. • Establishment of ethics committees. • Appointment of ethics officers. 16

17. COMPOSITION AND ROLE OF ETHICS COMMITTEES • Comprising of people of high integrity and credibility, ethics committees would oversee the implementation of ethics and anticorruption initiatives in departments. • Ethics committees to be chaired by HoDs or competent senior managers assigned by the relevant HoD. • Where applicable the functions of ethics committees to be incorporated into the functions of risk, integrity management or audit committees. 17

18. FUNCTIONS OF ETHICS COMMITTEES • Ensure the implementation of the Conflict of Interest Policy (Financial Disclosure Framework). • Approve and adopt the implementation plan to give effect to the Policy. • Report on progress made with regard to Policy implementation and resolution of cases. • Approve evaluation reports compiled by ethics officers for adoption. • Submit evaluation reports for adoption by the Executive Authority. • Submit evaluation reports to the DPSA. 18

19. FUNCTIONS OF ETHICS OFFICERS • To be designated or appointed by the Executive Authority, the ethics officers would perform the following functions: • Foster and maintain integrity and ethical behaviour through education and awareness. • Advise employees on ethical dilemmas and decision-making. • Ensure organizational integrity of policies, procedures and practices. 19

20. FUNCTIONS OF ETHICS OFFICERS CONTINUED • Identify predisposing and precipitating factors of unethical behaviour and corrupt activities. • Report all unethical practices to the ethics committee for the necessary action by the HoD. • Administer and manage the implementation of Conflict of Interest Policy (Financial Disclosure Framework). • Monitor and evaluate the implementation of the Policy and report on progress to the Ethics Committee. • Bring about the necessary changed in the implementation plan in line with the findings. 20

21. ACTIVITIES INVOLVED IN MANAGING THE FINANCIAL DISCLOSURE FRAMEWORK (MONITORING & EVALUATION) • Ethics officers should track incidents of conflict of interest. • They should also keep record of and provide their departments with the following information: • Number of officials who have competed and submitted financial disclosure forms. • Number of reported cases and outcomes thereof pertaining to violations of regulations. • Number of officials serving cooling-off period. • Number of officials granted permission to perform remunerative work outside the Public Service. 21

22. ACTIVITIES INVOLVED IN MANAGING THE FINANCIAL DISCLOSURE FRAMEWORK (MONITORING & EVALUATION) • Upon receipt of financial disclosure information, the ethics officers will – • Periodically liaise with the Companies and Intellectual Property Registration Office (CIPRO) to obtain information on all registered companies. This information will be used to verify information provided in the disclosure forms. 22

23. ACTIVITIES INVOLVED IN MANAGING THE FINANCIAL DISCLOSURE FRAMEWORK (MONITORING & EVALUATION) CONTINUED • Create and manage a database of officials in the department who are involved in functions relating to the awarding of tenders. This database will assist with the monitoring of cooling of periods. • Create and manage a database of officials serving on Boards of Directors of public and private entities to monitor remunerated work outside the public service. 23

24. THANK YOU!