AN OVERVIEW OF THE STATE OF PROFESSIONAL ETHICS IN THE PUBLIC SERVICE PRESENTED AT 2008 HRM CONVENTION INKOSI ALBERT LUT

1. AN OVERVIEW OF THE STATE OF PROFESSIONAL ETHICS IN THE PUBLIC SERVICEPRESENTED AT 2008 HRM CONVENTIONINKOSI ALBERT LUTHULI ICCDURBAN

2. PRESENTATION OUTLINE • Introductory Remarks • Understanding Professional Ethics • Government Initiatives • Status of Professional Ethics: some key observations • Conclusion

3. INTRODUCTORY REMARKS • Prior to the democratic dispensation in 1994, corruption in the Public Service was endemic. It was rooted in, and was a consequence of its overtly unjust and exploitative character. • Since 1994 the fight against corruption in the Public Service has become a major concern and is addressed through a number of collective initiatives. • Section 195(1)(a) of the Constitution states that a high standard of professional ethics must be promoted and maintained.

4. INTRODUCTORY REMARKS • If the Chapter 10 values and principles of public administration are set in the order of preference and importance, this is the first principle. • It can be argued that success in all the other principles invariably depends on the extent to which there is adherence to professional ethics in the Public Service. • Where there is professional ethics there is efficiency, effectiveness, economical use of resources, equitable service delivery, impartiality, fairness, accountability, development orientation, good HRM and career development practices, transparency, accountability, responsiveness to people’s needs and redress just as the Constitution requires.

5. UNDERSTANDING PROFESSIONAL ETHICS • Is best understood in the context of good governance. • It erodes the plague of corruption. • Corruption is essentially the use of public office for private gain and it can be overcome by the practice of professional ethics. • Professional ethics is more than just not being corrupt and has a positive aspect that includes working hard and ensuring optimal use of resources under one’s control. • Individually we can determine personal professional ethics practice. • Promoting and maintaining professional ethics as required by the Constitution implies preventing corruption through education, awareness raising and ensuring strict adherence to procedures. It means combating corruption by relentlessly investigating and prosecuting individual cases.

6. GOVERNMENT INITIATIVES • Public Sector Anti-corruption Conference (1998). • Multi-sectoral Anti-corruption Conference (1999) culminating in a number of resolutions including the formation of the NACF. • PFMA (1999) introduces stringent financial management practices in government departments. It requires departments to conduct risk assessment and develop fraud prevention plans. Internal audit capacity is also required and each body is required to have its CFO. • PAIA (Act No. 2 of 2000) • PAJA (Act No. 3 of 2000) • Protected Disclosures Act, Act No. 26 of 2000 which promotes whistle-blowing

7. GOVERNMENT INITIATIVES • Adoption of National Anti-corruption Strategy in January 2001 • The Prevention and Combating of Corrupt Activities Act (Act No. 12 of 2004) • Establishment of National Anti-corruption Hotline (NACH) • 0800 701 701 • Treasury Regulation 4.3 which provides for monitoring of incidents and trends of financial misconduct. • Adoption of a Code of Conduct for the Public Service • Financial Disclosures Framework to facilitate the management of conflicts of I interest. • Participation in APRM (2006)

8. STATUS OF PROFESSIONAL ETHICS: SOME KEY OBSERVATIONS The PSC has observed that important strides have been made but some challenges remain. • STATE OF THE PUBLIC SERVICE REPORTS 2004 – 2007 • A sound internationally recognised framework has been instituted to promote a strong culture of ethics. • Implementation requires attention. • Potentially harmful effects of perception based measures of corruption must be addressed. • It is necessary to appreciate the bigger challenge of improving the moral fibre of society so that public servants are less vulnerable to being corrupted by the public.

9. KEY OBSERVATIONS • Compliance with Financial Disclosure Framework is increasing but is still less than 100% : 2004/05 was 62%; 2005/06 was 73%; 2006/07 was 85% • Minimum anti-corruption capacity for departments must be strengthened. • Partnerships with civil society have been slow to become operational. • Hotlines should be consolidated

10. KEY OBSERVATIONS • Processing of cases of financial misconduct needs to be improved. • Cases of financial misconduct reported (Finalised 2001/02: 434 2002/03: 849 2003/04: 582 2004/05: 513 2005/06: 771 2006/07: 1042

11. KEY OBSERVATIONS

12. STATUS OF PROFESSIONAL ETHICS • 2297 Cases reported on the NACH 2004/05 : 2297 cases (feedback from departments was 36%) • 2006/07: 3355 cases (feedback was 35%) OTHER OBSERVATIONS: • Awareness of PAIA and PAJA is very low • Record of compliance with Batho Pele Principles is mixed

13. CONCLUSION • The conference theme purports that human resources are the heartbeat of an organisation. May I add that if human resources are devoid if professional ethics, that heartbeat needs urgent medical attention. • While the ethics infrastructure set up by the democratic government is impressive, frameworks alone will not translate to a high standard of professional ethics all by themselves. They require implementation by public servants and vigilance from all sectors of our society. • The challenge I have always thrown to HR Practitioners since the first HRM is to find ways in which HRM can integrate the nine Constitutional values and principles in all HR functions. • In order to promote and maintain professional ethics, care should be taken, particularly in recruitment and selection, reference checks, performance contracts, promotions, performance assessment etc. to weed out unscrupulous elements and keep them out of the public service.

14. AN ETHICAL PUBLIC SERVANT • Efficiency • Transparency • Honesty • Integrity • Commitment • Accountability • Loyalty

15. NGIYABONGA KE A LEBOHA THANK YOU