UNIT 4: Legislative Frameworks for Managing Ethics in the Public Sector

ROLE AND IMPORTANCE OF LEGISLATIVE FRAMEWORKS IN MANAGING ETHICS WITHIN THE PUBLIC SECTOR: SETTING STANDARDS

Legislative    frameworks    establish    clear standards of conduct and behaviour expected from public officials.

ROLE AND IMPORTANCE OF LEGISLATIVE FRAMEWORKS IN MANAGING ETHICS WITHIN THE PUBLIC SECTOR: LEGAL OBLIGATIONS

Legislative frameworks create legal obligations for public officials to adhere to ethical standards.

ROLE AND IMPORTANCE OF LEGISLATIVE FRAMEWORKS IN MANAGING ETHICS WITHIN THE PUBLIC SECTOR: ENFORCEMENT

Legislative frameworks empower regulatory bodies and law enforcement agencies to enforce ethical standards

ROLE AND IMPORTANCE OF LEGISLATIVE FRAMEWORKS IN MANAGING ETHICS WITHIN THE PUBLIC SECTOR: Promoting Accountability

Legislative frameworks codify ethical principles into law, making unethical behaviour punishable by legal consequences. This encourages public officials to act ethically and discourages corruption.
Keyword/Trigger: "Law deters corruption"

ROLE AND IMPORTANCE OF LEGISLATIVE FRAMEWORKS IN MANAGING ETHICS WITHIN THE PUBLIC SECTOR: Protecting Public Interest

Laws ensure that public resources are used fairly and efficiently. Ethical conduct in the public sector builds public trust and confidence in government, while preventing abuse of power for personal gain.
Keyword/Trigger: "Trust, fairness, no abuse"

ROLE AND IMPORTANCE OF LEGISLATIVE FRAMEWORKS IN MANAGING ETHICS WITHIN THE PUBLIC SECTOR: Creating Transparency

Legislative frameworks mandate asset declarations and disclosure of interests/conflicts. These rules promote openness and help prevent or address ethical risks and misconduct.
Keyword/Trigger: "Declare to be clear"

ROLE AND IMPORTANCE OF LEGISLATIVE FRAMEWORKS IN MANAGING ETHICS WITHIN THE PUBLIC SECTOR: Supporting Organizational Culture

Laws support the development of a strong ethical culture within public institutions. When ethics are part of the legal and institutional framework, they become embedded in day-to-day operations.
Keyword/Trigger: "Law shapes culture"

SCHEDULE 2 TO THE MUNICIPAL SYSTEMS ACT, 2000: What is the primary expectation of a municipal staff member regarding council policies?

A staff member must execute the lawful policies of the municipal council with loyalty.

SCHEDULE 2 TO THE MUNICIPAL SYSTEMS ACT, 2000:How must municipal staff perform their official duties?

Back:
In good faith, with honesty, diligence, and transparency.

SCHEDULE 2 TO THE MUNICIPAL SYSTEMS ACT, 2000:What are municipal staff required to prioritize in their conduct?

They must act in the best interest of the municipality and not compromise its credibility and integrity.

SCHEDULE 2 TO THE MUNICIPAL SYSTEMS ACT, 2000:
How should municipal staff treat others?

With equality, without favoritism or prejudice, including treatment of the public and fellow staff members.

SCHEDULE 2 TO THE MUNICIPAL SYSTEMS ACT, 2000:What is the public service role of a municipal staff member?

They are a public servant in a developmental local government system.

SCHEDULE 2 TO THE MUNICIPAL SYSTEMS ACT, 2000:What work culture should municipal staff promote?

A culture of commitment to public service and collective responsibility for meeting standards and targets.

SCHEDULE 2 TO THE MUNICIPAL SYSTEMS ACT, 2000: Which constitutional values must be promoted by municipal staff?

The basic values and principles of public administration described in Section 195(1) of the Constitution.

SCHEDULE 2 TO THE MUNICIPAL SYSTEMS ACT, 2000: What is the role of the Integrated Development Plan (IDP) in a staff member’s duties?

Staff must obtain and implement the objectives of the Integrated Development Plan (IDP), aligning their work with performance targets where applicable.

SCHEDULE 2 TO THE MUNICIPAL SYSTEMS ACT, 2000: How do staff contribute to performance improvement in municipalities?

By participating in the municipal performance management system and individual performance appraisal and reward systems to improve the quality of life of residents.

SCHEDULE 2 TO THE MUNICIPAL SYSTEMS ACT, 2000: Can municipal staff use their position for private gain?

No. Staff may not use their position, privileges, or confidential information for private gain or to improperly benefit others.

SCHEDULE 2 TO THE MUNICIPAL SYSTEMS ACT, 2000: Can a staff member make decisions in matters involving personal interest?

No. A staff member may not decide on municipal matters where they, their spouse, partner, or business associate have a direct or indirect personal/private business interest.

CODE OF CONDUCT FOR SUPPLY CHAIN MANAGEMENT PRACTITIONERS - PRACTICE NOTE NUMBER SCM 4 OF 2003: Core Duty of SCM Practitioners According to the Code

Supply Chain Management (SCM) practitioners must:

• Perform duties efficiently, effectively, and with integrity

• Act in accordance with:

  • Public Sector Regulations

  • National Treasury Regulations

  • Practice Notes and Directives by accounting officers/authorities

• Ensure responsible administration of public resources

CODE OF CONDUCT FOR SUPPLY CHAIN MANAGEMENT PRACTITIONERS - PRACTICE NOTE NUMBER SCM 4 OF 2003: Fairness and Impartiality Requirement for SCM Practitioners

SCM practitioners must:

• Be fair and impartial

• Avoid undue preferential treatment to any group or individual

• Refrain from unfair discrimination

• Never abuse the power and authority vested in them

CODE OF CONDUCT FOR SUPPLY CHAIN MANAGEMENT PRACTITIONERS - PRACTICE NOTE NUMBER SCM 4 OF 2003: Compliance with Broader Public Sector Ethics

SCM practitioners must:

• Comply with the Code of Conduct for the Public Sector

• This is contained in Chapter 2 of the Public Sector Regulations

CODE OF CONDUCT FOR SUPPLY CHAIN MANAGEMENT PRACTITIONERS - PRACTICE NOTE NUMBER SCM 4 OF 2003: Conflict of Interest: Declaration Requirements

SCM practitioners must declare:

• Any business, commercial, or financial interests

• Any activity undertaken for financial gain

• Especially if it may raise a possible conflict of interest

CODE OF CONDUCT FOR SUPPLY CHAIN MANAGEMENT PRACTITIONERS - PRACTICE NOTE NUMBER SCM 4 OF 2003: External Influence: Obligation Avoidance

SCM practitioners must:

• Not place themselves under any financial or other obligation

• Avoid obligations to outside individuals or organizations

• These parties might attempt to influence performance of official duties

CODE OF CONDUCT FOR SUPPLY CHAIN MANAGEMENT PRACTITIONERS - PRACTICE NOTE NUMBER SCM 4 OF 2003: Post-Employment Conduct

SCM practitioners must:

• Avoid taking improper advantage of their former official position

• This applies after leaving their official role

• Ensures ethical conduct even beyond public service tenure

CODE OF CONDUCT FOR PUBLIC SERVANTS (CHAPTER 2 OF THE PUBLIC SECTOR REGULATIONS): What is the purpose of the Code of Conduct for Public Servants?

• To guide public servants in ethical behaviour.

• To promote integrity, professionalism, and accountability.

• To ensure conduct aligns with the Constitution and laws of South Africa.

CODE OF CONDUCT FOR PUBLIC SERVANTS (CHAPTER 2 OF THE PUBLIC SECTOR REGULATIONS): How does the Code promote ethical conduct among public servants?

• By outlining expected moral behaviour in personal and professional interactions.

• Encourages honesty, transparency, and respect for others.

• Prevents corruption and abuse of power.

CODE OF CONDUCT FOR PUBLIC SERVANTS (CHAPTER 2 OF THE PUBLIC SECTOR REGULATIONS): What professional standards must public servants uphold according to the Code?

• Execute duties with competence, diligence, and professionalism.

• Maintain respectful and courteous behaviour at all times.

• Dress appropriately and present themselves with dignity while on duty.

CODE OF CONDUCT FOR PUBLIC SERVANTS (CHAPTER 2 OF THE PUBLIC SECTOR REGULATIONS): How does the Code ensure public service integrity?

• Promotes accountability and ethical decision-making.

• Requires acting in the public interest above personal gain.

• Supports transparency in conduct and use of public resources.

CODE OF CONDUCT FOR PUBLIC SERVANTS (CHAPTER 2 OF THE PUBLIC SECTOR REGULATIONS): How does the Code ensure public service integrity?

• Promotes accountability and ethical decision-making.

• Requires acting in the public interest above personal gain.

• Supports transparency in conduct and use of public resources.

CODE OF CONDUCT FOR PUBLIC SERVANTS (CHAPTER 2 OF THE PUBLIC SECTOR REGULATIONS): What role does the Constitution play in the Code of Conduct?

• The Code aligns with the principles of the Constitution.

• Public servants must uphold constitutional values like equality, human dignity, and the rule of law.

• Servants are expected to serve the public fairly and without discrimination.

CODE OF CONDUCT FOR PUBLIC SERVANTS (CHAPTER 2 OF THE PUBLIC SECTOR REGULATIONS): What behaviours are discouraged under the Code?

• Corruption, bribery, and nepotism.

• Disrespectful or discriminatory conduct.

• Incompetence, negligence, or dereliction of duty.

CODE OF CONDUCT FOR PUBLIC SERVANTS (CHAPTER 2 OF THE PUBLIC SECTOR REGULATIONS):Why is accountability important in public service?

• Ensures that public servants are answerable for their actions.

• Encourages responsibility in decision-making and resource use.

• Builds public trust in government institutions.

CODE OF CONDUCT FOR PUBLIC SERVANTS (CHAPTER 2 OF THE PUBLIC SECTOR REGULATIONS): How should public servants treat colleagues and members of the public?

• With fairness, respect, and courtesy.

• Avoid harassment, abuse, or discriminatory behaviour.

• Maintain a helpful and service-oriented attitude.

CODE OF CONDUCT FOR PUBLIC SERVANTS (CHAPTER 2 OF THE PUBLIC SECTOR REGULATIONS): What happens if a public servant violates the Code of Conduct?

• May face disciplinary action, including suspension or dismissal.

• Breach of Code may also lead to legal consequences.

• Undermines public trust and damages the credibility of the department.

CODE OF CONDUCT FOR PUBLIC SERVANTS (CHAPTER 2 OF THE PUBLIC SECTOR REGULATIONS): How does the Code contribute to a better public administration system?

• Promotes a culture of service excellence.

• Ensures that public institutions are run efficiently and ethically.

• Enhances the credibility, legitimacy, and effectiveness of government.

Legislation on managing financial interests: PUBLIC SECTOR REGULATIONS, 2001

·         Chapter 3 requires certain high-level government employees (those in SMS positions or designated accounting officers) to disclose financial interests.

·         Designated employees must disclose their registrable interests, which include financial interests, gifts, hospitality, and other benefits as well as remunerative work outside the public sector

Legislation on managing financial interests: LOCAL GOVERNMENT MUNICIPAL SYSTEMS ACT

·         The Code of Conduct requires municipal staff (or their close connections such as family, spouse) who gain a direct benefit from a municipal contract to fully disclose these details in writing to the council. It also prohibits them from requesting, soliciting, or accepting any reward, gift, or favour.

Managing time sharing: Public Sector Act

Section 30 of the public sector Act stipulates that:

(1)   No   employee   shall   perform   or   engage   himself   or   herself   to   perform remunerative work outside his  or  her  employment  in  the  relevant department, except with the written permission of the executive authority of the department.

Legislation for managing corruption: What is the purpose of the Public Sector Anti-Corruption Strategy?

To prevent and combat corruption through a holistic approach including preventative measures, institutional strengthening, and promotion of accountability and transparency.

What is the purpose of the Public Sector Anti-Corruption Strategy?

To prevent and combat corruption through a holistic approach including preventative measures, institutional strengthening, and promotion of accountability and transparency.

What are the key objectives of the public sector anti-corruption?

• Strengthen administrative and procurement processes.

• Enhance governance and ensure fair use of public resources.

• Hold public officials accountable for service delivery and corruption.

What is the purpose of the Local Government Anti-Corruption Strategy?

To outline strategic objectives for combating corruption in South African municipalities.

Prevention and Combating of Corrupt Activities Act (Act 12 of 2004): What are the objectives of the Prevention and Combating of Corrupt Activities Act?

• Strengthen anti-corruption measures.

• Define corruption-related offences.

• Enable investigations of corrupt activities.

Protected Disclosures Act (Act 26 of 2000)-Whistleblower Protection Act: What does the Protected Disclosures Act aim to achieve?

Encourage responsible disclosure of criminal and irregular conduct by protecting whistleblowers

Protected Disclosures Act (Act 26 of 2000)-Whistleblower Protection Act: Key protections and procedures?

• No occupational detriment for whistleblowers.

• Remedies for those who suffer retaliation.

• Safe channels for responsible disclosure.

Promotion of Administrative Justice Act (PAJA) – Act 3 of 2000: What are the objectives of PAJA?

• Promote lawful, reasonable, and fair administrative actions.

• Ensure the right to receive reasons for decisions.

• Promote good governance and accountability.

Promotion of Administrative Justice Act (PAJA) – Act 3 of 2000: Give an example of PAJA in action.

A citizen denied an RDP house can demand reasons for rejection and challenge unfair processes.

Promotion of Access to Information Act (PAIA) – Act 2 of 2000: What is the main aim of PAIA?

To give effect to the constitutional right of access to information held by the state or private bodies.

Promotion of Access to Information Act (PAIA) – Act 2 of 2000: What is the broader purpose of this Act?

To foster transparency, accountability, and informed citizenry in a democratic society.

Public Finance Management Act (PFMA) – Act 1 of 1999: Purpose of PFMA?

Regulate and improve financial management in national and provincial governments.

Public Finance Management Act (PFMA) – Act 1 of 1999: What does it ensure?

Efficient, effective, and transparent handling of public finances.

Municipal Financial Management Act (MFMA) – Act 56 of 2003: Purpose

Promote sound financial management in municipalities and ensure sustainability and accountability.

Municipal Financial Management Act (MFMA) – Act 56 of 2003: What does it focus on?

Budgeting, expenditure, procurement, and transparent financial governance.

Institutions Supporting Anti-Corruption Efforts: Special Investigating Unit (SIU)

The Special Investigating Unit (SIU), an independent South African statutory body, plays a crucial role in combating corruption by investigating serious allegations of maladministration, malpractice, and financial losses in state institutions, and recovering funds through civil litigation

Institutions Supporting Anti-Corruption Efforts: National Prosecuting Authority (NPA) & Investigating Directorate (ID)

investigate and prosecute complex corruption cases, including those arising from the State Capture Commission, and working with other law enforcement agencies. The ID, a specialized unit within the NPA, focuses on prosecution-led investigations, housing a multidisciplinary team of specialists, including prosecutors, financial and criminal investigators, data analysts, and cyber forensics specialists. 

Institutions Supporting Anti-Corruption Efforts: Public Protector

The Public Protector is an independent institution established in terms of section 181 of the Constitution, with a mandate to support and strengthen constitutional democracy. A supreme administrative oversight body, the Public Protector has the power to investigate, report and remedy improper conduct in state affairs. The Public Protector must be accessible to all persons and communities. Anyone can complaint to the Public Protector.

Institutions Supporting Anti-Corruption Efforts: Auditor-General (AGSA)

Sec 188 of the const: Audits government departments and flags irregular, fruitless, and wasteful expenditure.

International Anti-Corruption Frameworks: SADC Protocol Against Corruption (Ratified 2003)

Regional cooperation to combat corruption in public/private sectors.

International Anti-Corruption Frameworks:AU Convention on Preventing and Combating Corruption (Ratified 2005)

Foster transparency and accountability in public affairs across Africa.

International Anti-Corruption Frameworks: UN Convention Against Corruption (Ratified 2004)

Strengthen global anti-corruption efforts, cooperation, and public integrity.

International Anti-Corruption Frameworks:OECD Convention on Combating Bribery (Acceded 2007)

Criminalize bribery of foreign public officials in international business.

PRINCIPLES FOR MANAGING ETHICS IN THE PUBLIC SERVICE: Ethical Standards for Public Service should be Clear

Public servants need to know the basic principles and standards they are expected to apply to their work and where the boundaries of acceptable behaviour lie.

PRINCIPLES FOR MANAGING ETHICS IN THE PUBLIC SERVICE: Ethical Standards should be Reflected in the Legal Framework

The legal framework is the basis for communicating the minimum obligatory standards and principles of behaviour for every public servant.

PRINCIPLES FOR MANAGING ETHICS IN THE PUBLIC SERVICE: Ethical Guidance should be Available to Public Servants

Professional socialisation should contribute to the development of the necessary judgement and skills enabling public servants to apply ethical principles in concrete circumstances.

PRINCIPLES FOR MANAGING ETHICS IN THE PUBLIC SERVICE: Public Servants should know their Rights and Obligations when Exposing Wrongdoing

Public servants need to know what their rights and obligations are in terms of exposing actual or suspected wrongdoing within the public service.

PRINCIPLES FOR MANAGING ETHICS IN THE PUBLIC SERVICE: Political Commitment to Ethics should Reinforce the Ethical Conduct of Public Servants:

Political leaders are responsible for maintaining a high standard of propriety in the discharge of their official duties.

PRINCIPLES FOR MANAGING ETHICS IN THE PUBLIC SERVICE: The Decision-Making Process should be Transparent and Open to Scrutiny

The public has a right to know how public institutions apply the power and resources entrusted to them. 

PRINCIPLES FOR MANAGING ETHICS IN THE PUBLIC SERVICE: There should be Clear Guidelines for Interaction between the Public and Private Sectors

: Clear rules defining ethical standards should guide the behaviour of public servants in dealing with the private sector, for example regarding public procurement, outsourcing or public employment conditions.

PRINCIPLES FOR MANAGING ETHICS IN THE PUBLIC SERVICE: Managers should Demonstrate and Promote Ethical Conduct

An organisational environment where high standards of conduct are encouraged by providing appropriate incentives for ethical behaviour, such as adequate working conditions and effective performance assessment, has a direct impact on the daily practice of public service values and ethical standards.

PRINCIPLES FOR MANAGING ETHICS IN THE PUBLIC SERVICE: Management Policies, Procedures, and Practices should Promote Ethical Conduct:

Management policies and practices should demonstrate an organisation’s commitment to ethical standards.

PRINCIPLES FOR MANAGING ETHICS IN THE PUBLIC SERVICE: Appropriate Procedures and Sanctions should Exist to Deal with Misconduct

Public service employment conditions, such as career prospects, personal development, adequate remuneration and human resource management policies should create an environment conducive to ethical behaviour.

What happened in the Mkhonto Municipality case?

• R45 million electrification project misused.

• Tender awarded to a relative with no experience.

• Procurement documents hidden.

What were the misconducts?

• Abuse of office

• Conflict of interest

• Irregular procurement

• Obstruction of access to information

• Potential theft of public funds