DPSA: Ethics and Integrity Management

1. DPSA: Ethics and Integrity Management

2. Scope • Introduction • DPSA Overview (past and present) • Public Service Integrity Management Framework (PSIMF) • DPSA: Implementation of the PSIMF • Guides • Regulations • Determination on Other Remunerative Work • PAM Bill

3. Introduction Movement towards Ethics/Integrity Management • International: Corruption proliferates under conditions where ethics infrastructure is weak and ineffective. There is a need to go beyond legal compliance, and mere prevention of Fraud, Corruption and Misconduct (OECD) • SA: National Development Plan, National School of Government

4. DPSA: Overview • Past: • Public Service Regulations • Minimum Anti-Corruption Capacity (MACC) Requirements – Introducing the concept “Ethics Champion” • Public Service Anti-Corruption Strategy (2002) • Present: • PSIMF • Public Administration Management Bill

5. PSIMF Approved 9 October 2013 Reason: • Non-compliance with current prescripts • Weak implementation • Gaps in legal prescripts

6. PSIMF The framework addresses the following areas: • Establishing of ethics infrastructure • Disclosure of financial interests by employees • Acceptance of gifts, hospitality and other benefits • Performance of other remunerative work

7. PSIMF: Ethics Infrastructure Executive Committee (Leadership and Support) Head of Department (Leadership & final accountability) Ethics Custodian Ethics committee Strategic direction & oversight • Ethics champion • Owner and driver • Chair of ethics committee • Ethics officer(s) • Implementation • Secretariat to ethics committee

8. PSIMF: Ethics Infrastructure • Ethics Champion: At executive level, will drive ethics and anti-corruption initiatives. • Ethics Committee: To determine a department’s ethics strategy, and to provide oversight of integrity management. • Ethics Office: Dedicated structure, responsible for day-to-day-work related to the ethics management programme.

9. PSIMF: Ethics Infrastructure • Ethics Officer: Will be responsible for: • Promotion of ethics and integrity in departments; • Advise employees on ethical matters; • Aligning integrity of organisational policies, procedures and practices to good governance and ethics principles; • Identification and reporting of unethical behaviour and corrupt activities to the head of department;

10. PSIMF: Ethics Infrastructure • Managing conflicts of interest, including: • Financial disclosures of employees; • Application for external remunerative work; and • Departmental gift registers. • Developing and implementing awareness programmes; and • Keeping a register of all employees under investigation and those disciplined for unethical conduct.

11. PSIMF: Disclosure of Financial Interests of Employees • Disclosure of financial interests shall be extended to all employees in the Public Service; • An employee whose spouse, partner, business associate or close family member stands to acquire any direct benefit from a contract concluded with their department, shall disclose in writing the benefit to the Ethics Officer and withdraw from participating in the process relating to that contract;

12. PSIMF: Acceptance of Gifts, Hospitality and Other Benefits • Employees shall be prohibited from directly or indirectly soliciting or accepting gifts, hospitality or private benefits of any value from any person (natural or juristic) that is contracted to the employees’ department; • A service provider, when rendering a service to departments, shall be prohibited from offering gifts to employees or their immediate families and relatives;

13. PSIMF: Acceptance of Gifts, Hospitality and Other Benefits • Employees shall be prohibited from accepting or soliciting any gifts from any person in return for performing or not performing his or her official duties; and • Prohibitions of gifts exclude tokens that may be offered or accepted within normal standards of courtesy or protocol by any entity.

14. PSIMF: Remunerative Work Outside the Public Service • In considering an application the Executive Authority shall assess whether the outside work could reasonably interfere with or impede the effective and efficient performance of the employee’s functions and take into account: • The nature and extent of work to be undertaken; • The time required for the outside work; and • The employee’s performance record • Approval to be granted subject to:- • entity not conducting business with the State • Regular review

15. PSIMF: Disclosure of Financial Interests of Employees • An electronic submission of financial disclosures shall be implemented. • The official roll-out of the electronic system for SMS members in the public service started in April 2014. • The disclosure form has been amended to include a new category of registrable interests: ownership of vehicles and their values.

16. Implementation of the eDisclosure system by SMS members

17. Registration of ethics officers and executive authorities

18. PSIMF: Implementation • Guides were drafted on: • Ethics management (to explain the ethics infrastructure ) • Gifts and other benefits • Other remunerative work • Amendments to Public Service Regulations, Chapters 2 and 3 • Determination on Other Remunerative Work

19. PSIMF: Implementation • Public Administration Management Bill • Gifts • Other remunerative work – No business with the State (Chapter 3) • Electronic Financial Disclosures. All to submit and all submissions to be verified (Chapter 3) • Ethics, Integrity, Disciplinary Technical Assistance Unit (EIDTAU) – Chapter 6

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