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In a response to questions in the National Assembly last week, President Jacob Zuma welcomed the Democratic Alliance's (DA) proposal that the Public Service Handbook amendments being implemented in the Western Cape be rolled out at National level.

Zuma responded by saying "If there are very good practices that I imagine in the Western Cape, certainly, in the process of interaction, we will hear and talk about those. If they are good, indeed, I don't think there will be any problem to adopt such... I am sure we will certainly engage that and see how it goes."

The DA has subsequently delivered a letter addressed to both The President and the Minister in the Presidency (Trevor Manuel) setting out the amendments in detail and requesting some indication as to when they will be considered.

A copy of the letter follows below.

Mr President

Implementing the DA's Public Service Handbook Amendments at National Level

With regards to the Democratic Alliance's (DA) proposed amendments to the Public Service Handbook at national level, we welcome your favourable response in the National Assembly on Wednesday, 26 August.

The question put forward in the National Assembly is as follows: "The Western Cape provincial government is implementing measures to better regulate the conduct of public servants and to prevent corruption. Some of these measures are stopping the practice of transferring public servants who face disciplinary action to other departments to avoid such action, forbidding public servants from receiving gifts from outside parties for performing their official duties, and amending legislation to prevent public servants from also serving as councillors. The question to the President is: What amendments to the Public Service handbook for public servants, at national level, will the President consider to enhance clean administration?"

In your response you stated that, "If there are very good practices that I imagine in the Western Cape, certainly, in the process of interaction, we will hear and talk about those. If they are good, indeed, I don't think there will be any problem to adopt such... I am sure we will certainly engage that and see how it goes."

Attached are the detailed amendments for your consideration.

The public service plays a critical role in the efficient delivery of quality services to the people of South Africa. The role of government is not to deliver, but to ensure that delivery takes place as cost-effectively and as efficiently as possible. Its essential roles are making policy, prioritising expenditure, monitoring and regulating. Individuals, civil society and the private sector should be tasked with the actual delivery of services. The amendments put forward by the DA are important to ensure a functional legal and ethical climate in the public service. The DA believes that the implementation of these amendments will prevent continued corruption becoming business as usual and ensure that corrupt public servants are held to account.

I look forward to your response.

Thank you.

Sincerely

Anchen Dreyer MP
DA Spokesperson on Public Service and Administration

Annexure 1

Public Service Handbook Proposed Amendments

(1) Resignations to escape disciplinary action:

Chapter 7 of the Public Service Handbook allows for public servants who face disciplinary action to be re-employed ("transfer") somewhere else in the public service. This provision allows for the avoidance of disciplinary action and leads to abuse.

Chapter 7: Misconduct and Incapacity-Page 6 (204):

Original:
(2) Precautionary suspension or transfer
(a) The employer may suspend or transfer a member on full pay if -
• the member is alleged to have committed a serious offence; and
• the employer believes that the presence of a member at the workplace might jeopardise any investigation into the alleged misconduct, or endanger the well being or safety of any person or state property.
(b) A suspension or transfer of this kind is a precautionary measure that does not constitute a judgment, and must be on full pay.
(c) If a member is suspended or transferred as a precautionary measure, the employer must hold a disciplinary hearing within 60 days. The chair of the hearing must then decide on any further postponement.

Amend to:
(2) Precautionary suspension
(a) The employer may suspend a member on full pay if -
• the member is alleged to have committed a serious offence; and
• the employer believes that the presence of a member at the workplace might jeopardise any investigation into the alleged misconduct, or endanger the well being or safety of any person or state property.
(b) A suspension of this kind is a precautionary measure that does not constitute a judgment, and must be on full pay.
(c) If a member is suspended as a precautionary measure, the employer must hold a disciplinary hearing within 60 days. The chair of the hearing must then decide on any further postponement.
(d) The employer may not approve a transfer of a member if the member is alleged to have committed a serious offence until after the disciplinary matter has been resolved
(e) While facing disciplinary action, a member may not resign from their position and subsequently gain re-employment elsewhere in public service until the disciplinary matter has been concluded

(2) Outside remunerative work:

The Public Service Commission has found that the entitlement of public officials to carry out outside remunerative work with prior permission leads to abuse. As such, and in an effort to end these abuses, the DA seeks to completely prohibit certain categories of public servants from obtaining outside employment.

A) Chapter 6: Ethics and Conduct-Page 10 (192)

Original:
11.7 But despite the above "concession", senior managers must note that an employee must place the whole of his/her time at the disposal of the State (section 30 of the Public Service Act, 1994). Employees may not perform remunerative work (for instance in the capacity as municipal councillors) outside their employment in the Public Service without the permission of the relevant Executing Authority or his/her delegate.

Amend to:
11.7 But despite the above "concession", senior managers must note that an employee must place the whole of his/her time at the disposal of the State (section 30 of the Public Service Act, 1994). Employees in the following categories may not perform remunerative work outside their employment in the Public Service
(1) Grade 14
(2)Grade 15
(3) Grade 16
11.8 All other employees must seek the permission of the relevant Executing Authority or his/her delegate.
11.9 No employee may engage in outside remunerative work if this work is in any way connected to his or her responsibilities to the State.

Original:
12. OUTSIDE EMPLOYMENT
12.1 As mentioned above, section 30 of the Public Service Act, 1994, stipulates that public servants must place the whole of their time at the disposal of the State. They must not perform remunerative work outside their employment in the Public Service without permission of the relevant executing authority or her/his delegate. The Code of Conduct also stipulates that a public servant does not, without approval, undertake remunerative work outside her/his official duties or use office equipment for such work.

12.4 Chapter 4 of the Regulations (disclosure framework) further requires of senior managers to disclose remunerated work outside the public service. By completing the prescribed form, the senior manager is not exempted from the statutory requirements of obtaining approval for performing remunerative work outside the public service.

Amend to:
12. OUTSIDE EMPLOYMENT
12.1 As mentioned above, section 30 of the Public Service Act, 1994, stipulates that public servants must place the whole of their time at the disposal of the State. Those in the categories listed must not perform remunerative work outside their employment in the Public Service and the remainder must receive permission of the relevant executing authority or her/his delegate. The Code of Conduct also stipulates that a public servant does not, without approval, undertake remunerative work outside her/his official duties or use office equipment for such work.

12.4 Chapter 4 of the Regulations (disclosure framework) further requires of senior managers with permission of the relevant Executing Authority or his/her delegate to disclose remunerated work outside the public service. By completing the prescribed form, the senior manager is not exempted from the statutory requirements of obtaining approval for performing remunerative work outside the public service.

B) Chapter 9: Disclosure of Financial Interest-Page 1 (262)

Original:
2. FRAMEWORK
2.1 The financial disclosure framework is also guided by the following key principles in the Code of Conduct in Chapter 2 of the Public Service Regulations:
(1) Employees may not use public office for private gain;
(2) Employees must act impartially and may not give preferential treatment to any private organisation; and
(3) Employees may not undertake remunerative work outside their employment in the Public Service without prior approval.

Amend to:
2. FRAMEWORK
2.1 The financial disclosure framework is also guided by the following key principles in the Code of Conduct in Chapter 2 of the Public Service Regulations:
(1) Employees may not use public office for private gain;
(2) Employees must act impartially and may not give preferential treatment to any private organisation; and
(3) Employees listed in Chapter 6 may not undertake remunerative work outside their employment in the Public Service. All other employees must receive prior approval.

(3) Gifts:

The regulations for receiving gifts are riddled with contradictions and ambiguities, and as such, there is much room for corruption and abuse. Because of this, the DA believes that public servants should not be entitled to receive gifts from outside parties as part of their official duties under any circumstances.

A) Chapter 6: Ethics and Conduct-Page 9 (191)

Original:
10.7 Senior managers must not solicit or accept any bribe or other improper inducement. Only in exceptional circumstances should gifts be accepted (where the gift is offered as part of a formal exchange of gifts).
10.8 Senior managers may accept unsolicited gifts or moderate acts of hospitality. Accepting such gifts or benefits is essentially a matter of judgment for the individual concerned. In such instance they must be satisfied that their position will not in any way be compromised by acceptance.
10.9 In terms of the Financial Disclosure Regulations (Regulation E(f) of
Chapter 3) senior managers are required to disclose details with regard to gifts and hospitably with a value in excess of R350. They must further disclose any material advantage that they received from any source e.g. any discount prices or rates that are not available to the general public.

Amend to:
10.7 Senior managers must not solicit or accept any bribe or other improper inducement. Furthermore, gifts may not be accepted from any outside parties as part of official duties under any circumstances.
10.8 Senior managers may not accept unsolicited gifts or similar moderate acts of hospitality, including any material advantage from any source e.g. any discount prices or rates that are not available to the general public, under any circumstances
Delete 10.9

Delete Note 6 on page 4 of Annexure B (273)

(4) Tender abuse:

Language to be inserted into the Public Service Handbook: (Chapter 7-Misconduct and Incapacity?)
All public service hiring and contractual awarding must ensure that the member or prospective contract recipient does not appear on the Register for Tender Defaulters list set up under the Prevention and Combating of Corrupt Activities Act of 2005, as those listed on the register are prevented from doing any work with the government for a period ranging between five and 10 years. Any current public service employee found guilty of tender abuse and listed on the register will be terminated.

(5) Motor car allowance:

Current provisions for car allowances allow public servants with poor credit records to use the Treasury as a personal bank to obtain car loans. The amendment will prevent this from taking place.
Chapter 3: Remuneration and conditions of service-Page 4 (35)

Original:
f) A member must secure his or her own financing of loans. The State's contract with Stannic to grant loans to members is available. Should a member not be able to successfully secure a loan, his or her department may apply for a guarantee from the National Treasury in order to secure a loan.

Amend to:
f) A member must secure his or her own financing of loans. The State's contract with Stannic to grant loans to members is available. A member who may not be able to successfully secure a loan may not use his or her department to apply for a guarantee from the National Treasury in order to secure a loan.

(6) Special leave:

Currently there is no limit on special leave for a wide range of sporting events, an arrangement which is wide open to abuse. The amendment seeks to stop the abuse of special leave for sporting events.

Chapter 3: Remuneration and conditions of service-Page 22 (53)

Original:
(18) Special leave
(c) The policy may provide paid leave for such requirements as study, examinations, military service, resettlement due to a transfer, collective bargaining or other labour relations requirements, participation in sports, sabbaticals where appropriate or any other purpose.

Amend to:
(18) Special leave
(c) The policy may provide paid leave for such requirements as study, examinations, military service, resettlement due to a transfer, collective bargaining or other labour relations requirements, (delete participation in sports) sabbaticals where appropriate or any other purpose.

(7) Political Participation:
Public servants are at present able to work as a councillor at the same time. An amendment to the Public Service Handbook will require current legislation on political participation to be amended.
Chapter 6: Ethics and Conduct-Page 9 (191)

Original:
11.5 A public servant may not become a member of the National Assembly or any provincial legislative in terms of section 47 and 106 of the Constitution. This implies that should she/he be elected to one of these bodies, she/he is deemed to have resigned from the public service with effect from the date on which her/his election is officially announced.
11.6 The same disqualification does not apply to municipal councils. Section 21(1) of the Municipal Structures Act, 1998, determines that every citizen who may vote for a municipal council is entitled to stand as a candidate in a municipal election and if elected, to be a councillor, except certain categories of persons mentioned in section 158(1)(a), (c), (d) or (e) of the Constitution. (Note: The aforementioned subsections do not apply to Public Service Act employees).
11.7 But despite the above "concession", senior managers must note that an employee must place the whole of his/her time at the disposal of the State (section 30 of the Public Service Act, 1994). Employees may not perform remunerative work (for instance in the capacity as municipal councillors) outside their employment in the Public Service without the permission of the relevant Executing Authority or his/her delegate.
11.8 Section 36 of the Public Service Act, 1994 provides that a public servant may be a member and serve on the management of a lawful political party or may attend a public political meeting, but may not preside or speak at such a meeting. A public servant may also not draw up or publish any writing or deliver a public speech to promote or prejudice the interests of any political party.
11.9 The Code of Conduct (Chapter 2 of the Public Service Regulations, 2001), requires of employees toavoid conflicts of interest and not to abuse their positions in the Public Service to promote or prejudice any political party or interest group. (See parts B2, C2.7, C3.7, C4.5, C4.6, C5.4 and C5.5).

Amend to:
11.5 A public servant may not become a member of the National Assembly or any provincial legislative in terms of section 47 and 106 of the Constitution. This implies that should she/he be elected to one of these bodies, she/he is deemed to have resigned from the public service with effect from the date on which her/his election is officially announced.
11.6 The same disqualification applies to municipal councils. A public servant who is elected as a councilor on a municipal council must resign as public servant. Furthermore, a councilor who becomes a public servant must resign as a councilor.

[Section 21(1) of the Municipal Structures Act, 1998, determines that every citizen who may vote for a municipal council is entitled to stand as a candidate in a municipal election and if elected, to be a councillor, except certain categories of persons mentioned in section 158(1)(a), (c), (d) or (e) of the Constitution. We would therefore need to submit an amendment to the MSA to change the every citizen clause].

11.7 But despite the above "concession", senior managers must note that an employee must place the whole of his/her time at the disposal of the State (section 30 of the Public Service Act, 1994). Employees may not perform remunerative work (for instance in the capacity as municipal councillors) outside their employment in the Public Service without the permission of the relevant Executing Authority or his/her delegate.

Original:
11.12 Should a senior manager be elected to a position as a full-time councillor, she/he will have to resign from the Public Service. As regards those who wish to take up part-time positions, they must ensure that they undertake their duties as a councillor as far as possible outside official hours of work. Specific approval has to be granted that the senior manager can retain her/his remuneration, as required by section 30 of the Public Service Act, 1994.

Amend to:
11.12 Should a senior manager be elected to a position as a full-time or part-time councillor, she/he will have to resign from the Public Service.


(8) Voluntary resignation:

Public servants who face disciplinary action are currently seeking re-employed or being transferred somewhere else in the public service, to avoid disciplinary action. The amendment will prevent this from happening.

Original:
23.7
(1) When a HoD resigns from the Public Service, she/he shall receive the following pension benefits:
A choice between:
(a) A cash resignation benefit of 7.5% x average salary x years + (plus) increased with 10% interest for each full year of service between 5 and 15 years e.g. 6 years: 10%, 7 years: 20%; 8 years: 30% up to 100%; or
(b) transfer benefit equal to actuarial interest.

Amend to:
(1) When a HoD resigns from the Public Service, she/he shall receive no pension benefits.