Due to the high standard of living in SA, it is difficult to survive on a single source of income if one is fortunate enough to be employed, considering the high rate of unemployment.
Even public service employees are considering other sources of income to ease financial pressures through business. No legislation has been implemented to prohibit public servants from having an interest in business.
However, there is legislation that prohibits public servants from conducting business with the organs of the state. Public servants are required to tread carefully and navigate several hurdles before they consider interest in any business opportunities.
The department of public service & administration plays a pivotal role in guiding as well as promoting the democratic values and principles that govern public administration, as enshrined in the constitution.
In terms of the Public Service Act of 1994, the minister for the public service & administration is responsible for the establishment of norms and standards that relate to integrity, ethics, conduct and anti-corruption.
The role of the department is highlighted because they are at the forefront of guiding the public servants' conduct.
Citizens must be aware of the processes related to the public servants' conduct so they can raise an alarm when wrongdoing is observed.
Public servants must realise that employment in the public service is to provide the public with a service and this requires one to practice professional ethics.
Public servants need to be mindful that accountability in public administration is deeply rooted and driven by adherence to prescribed prescripts, regulations, guidelines and frameworks.
Therefore, it can be inferred that bureaucratic settings are by nature regulated. Public servants have a responsibility to adhere to legislation. The standards require members of the senior management service in salary levels 13 and upwards to disclose particulars of their financial interests annually. Designated employees are also required to disclose the particulars of all their interests, including directorships and partnerships and the nature of the business activity of the corporate entity or partnership.
If appropriate, the sum of any remuneration received for such directorship or partnership must be disclosed. Senior managers must disclose even if a registered business activity is dormant.
All public servants are prohibited from performing remunerative work outside their employment in the relevant department, except with the written permission of the executive authority/minister of the department.
Every public servant with active business interests must obtain permission from their principals. This includes assessing whether the business interests conflict with their official duties or are likely to affect their official performance. Failing to secure permission for remunerative work outside public service, if detected, could result in disciplinary action.
A public servant can obtain permission to engage in paid work outside their official duties. However, this may introduce another challenge: ensuring that their business activities do not involve organs of the state.
Public servants cannot engage in business activities with any organ of the state and expect it to be undetected. These unlawful activities can be easily identified through various government systems. When detected, departments are alerted and expected to carry out thorough investigations to determine whether the designated officials are conducting business with the state.
If it is established that a public servant is conducting business with the state, the department is obliged to act on this finding.
Public servants need to be aware that lifestyle audits are conducted in the public service and are compulsory for all national and provincial departments, including government entities.
This process further requires verification of public servants' business interests, which are analysed as per lifestyle audit procedures and reports are issued per official. This is another indication that public servants' business interests are scrutinised to avoid any conflict with legislated stipulations.
- Mphendu is a public servant, writing in his personal capacity.
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