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The establishment of yet another committee - the "anti-corruption inter-ministerial committee" - to investigate government corruption is sign that the ANC government in fact intends to do nothing constructive about this problem. A multitude of reports over the years have pointed out the gaps in the law that are abused, and proposed solutions. On August 30 of this year the Democratic Alliance submitted a comprehensive list of recommendations to the president on this matter. We know what needs to be done, and the DA's Western Cape administration is busy acting to implement these proposals - proving that endless committees and red tape need not stand in the way of actually tackling corruption. A full list of our recommendations follows below. Of particular importance in rooting out corruption are five key issues: 1. RESIGNATIONS TO ESCAPE DISCIPLINARY ACTION Public servants who face disciplinary action often resign, to avoid this action, and are then simply re-employed elsewhere in the public service. Regulations must be amended to make it impossible for any public servant who faces disciplinary action and resigns to be employed in any capacity by the state until the disciplinary matter has been concluded. 2. CONFLICT OF INTEREST The Code of Conduct for the Public Service requires public servants to provide public services impartially and avoid conflicts of interest. There is no sanction for contravening this requirement, and there is also no prohibition on friends and relatives benefiting from connections with public servants. Regulations must provide for the voiding of any contracts or tenders where a conflict of interest, including one involving a friend or family member, is found. 3. OUTSIDE REMUNERATIVE WORK Public officials are entitled to carry out outside remunerative work providing they obtain permission. This has been subject to widespread abuse. Certain categories of public servant, and particularly senior managers, must be completely prohibited from obtaining outside employment. 4. GIFTS There are many contradictions and ambiguities in the current regulatory provisions regarding gifts to public servants. As a result, public servants often don't know whether they are able to receive gifts or not. The DA believes there should be a complete prohibition on public servants receiving gifts. 5. PUBLIC REPRESENTATIVES WITH CRIMINAL RECORDS No individual with a criminal record should be permitted to hold public office unless a defined period had passed since their sentence was completed. The faith of the public in the integrity of politicians would be greatly enhanced by such a law. In addition to these steps, the government could further help to convince the public that it takes corruption seriously by:
• Revoking Schabir Shaik's medical parole and letting him return to prison where he belongs.
• Not fighting the DA's efforts to overturn the decision by the NPA not to proceed with the corruption case against President Zuma. Zuma would send out a strong signal if he said he was prepared to stand trial for corruption charges.
• Recalling Ngconde Balfour from his ambassadorial post in Botswana to come home and account for the corruption in the department of Correctional Services while he was the minister of that department.
MEDIA ENQUIRIES: Anchen Dreyer MP - 082 375 4400 Ross van der Linde - 076 543 7254 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 to avoid 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.