Leading the Public Service to Higher Productivity DPSA: Ethics and Integrity Management

Leading the Public Service to Higher Productivity 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

Leading the Public Service to Higher Productivity 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

Leading the Public Service to Higher Productivity 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

Leading the Public Service to Higher Productivity PSIMF Approved 9 October 2013 Reason: Non-compliance with current prescripts Weak implementation Gaps in legal prescripts

Leading the Public Service to Higher Productivity 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

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

Leading the Public Service to Higher Productivity 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.

Leading the Public Service to Higher Productivity 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;

Leading the Public Service to Higher Productivity 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.

Leading the Public Service to Higher Productivity 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;

Leading the Public Service to Higher Productivity 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;

Leading the Public Service to Higher Productivity 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.

Leading the Public Service to Higher Productivity 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

Leading the Public Service to Higher Productivity 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 The disclosure form has been amended to include a new category of registrable interests: ownership of vehicles and their values.

Leading the Public Service to Higher Productivity Implementation of the eDisclosure system by SMS members Number of SMSRegistered%Disclosed% National Departments %331167% National Entities %43462% Eastern Cape %42959% Free State %7120% Gauteng %40552% KZN %28948% Limpopo %47486% Mpumalanga %16851% Northern Cape %259100% North West %25777% Western Cape %376100% TOTAL %647365%

Leading the Public Service to Higher Productivity Registration of ethics officers and executive authorities No. of depts No. of depts which designated EOs No of depts which registered EAs National departments National entities986 Eastern Cape1370 Free State1243 Gauteng1388 KZN1498 Limpopo12 8 Mpumalanga1252 Northern Cape12 North West12109 Western Cape13 TOTAL

Leading the Public Service to Higher Productivity 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

Leading the Public Service to Higher Productivity 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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