DPSA: Ethics and Integrity Management

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DPSA Ethics and Integrity Management
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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

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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

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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

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PSIMF

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

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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

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PSIMF Ethics Infrastructure
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PSIMF Ethics Infrastructure

• Ethics Champion At executive level, will drive
  ethics and anti-corruption initiatives.
• Ethics Committee To determine a departments
  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.

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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

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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.

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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

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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

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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.

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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
  employees functions and take into account
• The nature and extent of work to be undertaken
• The time required for the outside work and
• The employees performance record
• Approval to be granted subject to-
• entity not conducting business with the State
• Regular review

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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.

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Implementation of the eDisclosure system by SMS
members
  Number of SMS Registered Disclosed
National Departments 4948 3967 80 3311 67
National Entities 695 597 86 434 62
Eastern Cape 734 531 72 429 59
Free State 360 102 28 71 20
Gauteng 774 496 64 405 52
KZN 598 357 60 289 48
Limpopo 554 521 94 474 86
Mpumalanga 331 207 63 168 51
Northern Cape 259 259 100 259 100
North West 332 297 89 257 77
Western Cape 376 376 100 376 100
TOTAL 9961 7710 77 6473 65
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Registration of ethics officers and executive
authorities
  No. of depts No. of depts which designated EOs No of depts which registered EAs
National departments 34 30 24
National entities 9 8 6
Eastern Cape 13 7 0
Free State 12 4 3
Gauteng 13 8 8
KZN 14 9 8
Limpopo 12 12 8
Mpumalanga 12 5 2
Northern Cape 12 12 12
North West 12 10 9
Western Cape 13 13 13
TOTAL 156 118 93
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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

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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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