Ethics Management in the Public Service Presentation to Portfolio Committee 21 October Outline of Presentation Introductory remarks Ethics management gaps Proposed amendments to the Public Service Regulations E-Submission of financial disclosure forms by sms members 30 April 2015 DPSA Implementation support Implementation Support Structures Ethics survey 2 Introductory remarks Areas covered in the previous presentation Existing ethics management measures Other legislative measures Public Service Integrity Management Framework 3 Ethics Management Gaps Non-compliance and weak implementation: Code of Conduct breaches; Submission rate of financial disclosure forms; Performance of other remunerative work without permission; Inadequate institutional capacity to deal with unethical conduct and corruption; Supply chain management procedures and processes are not always adhered to; and Inconsistent application of disciplinary measures 4 Ethics Management Gaps Gaps in legal prescripts: Inconsistency regarding acceptance of gifts. Chapter 2 vs Chapter 3 (Public Service Regulations) No gifts vs gifts that exceed the value of R350; Financial disclosures only applicable to senior managers. 5 Chapter 2:- Conduct, Ethics and Anti-Corruption The Code of Conduct has, apart from technical amendments, been revised to- prohibit employees from conducting business with any organ of state or to be a director of a public or private company conducting business with an organ of state; include special focus on what constitutes ethical conduct that is expected from employees; include specific provisions on obligations on employees who have been granted permission to do outside remunerative work in terms of section 30 of the PSA. The Part on Financial Disclosures has substantial amendments that- Expands the definition of designated employees to allow the MPSA to determine employees/categories of employees to whom these provisions apply; Place an obligation on a HOD to keep a register of disclosures of such designated non-SMS members; Require the disclosure of interests that include motor vehicles; Sets out a process of verification of the interests disclosed, steps to be taken in the case of a conflict and reporting thereof. 6 Proposed Amendments to the Public Service Regulations The Part on Anti-Corruption is new in its entirety and seeks to- Place certain anti-corruption functions on a HOD including analyzing corruption risks, developing and implementing an anti- corruption plan, establishing systems that allow employees to report corruption, referring allegations of corruption to relevant law enforcement authorities, establishing educational and awareness programmes; Require EAs to designate Ethics Officers to promote integrity and ethical behavior, assist employees on ethical matters and identify and report unethical behavior and corrupt activities. 7 Proposed Amendments to the Public Service Regulations E-SUBMISSION OF FINANCIAL DISCLOSURE FORMS BY SMS MEMBERS 30 April 2015 ( excludes those that submitted manually) No. of SMSRegistered%Disclosed to EA% National Departments %377272% National Entities %62887% Eastern Cape %24230% Free State %18147% Gauteng %54870% KZN %57486% Limpopo %42780% Mpumalanga %25374% Northern Cape %24893% North West %32799% Western Cape %376100% TOTAL %757673% 8 DPSA Implementation Support Implementation Support: Technical Assistance, Training and Awareness on the Framework (since 2014/15): 9 LevelNumber of sessions National1 Provincial7 1 on 1 sessions8 (SA Police Service, National Prosecuting Authority, Special Investigating Unit, Department of Science and Technology, Department of Public Works, DPSA and Office of the Chief Justice) DPSA Implementation Support Implementation Support: SAPS: Conceptualisation Hosting of internal workshop Organisational development of ethics infrastructure Assistance with Framework Training material and development on ethics for new recruits 10 DPSA Implementation Support Technical Assistance: Toolkits: Ethics Management Plan Ethics Risk Assessments Guides: Guide on Managing Other Remunerative Work Performed Outside the Public Service Guide on Managing Gifts and Other Benefits in the Public Service Guide on Managing Ethics in the Public Service 11 DPSA Implementation Support Technical Assistance: Developed training material on ethics management together with the National School of Government: Ethics Management for Local Government Ethics Management Workshop for National and Provincial Government Ethics Module to use in senior management induction Ethics Workshop to use for Ethics Officer Training Ethics Module to use in Compulsory Induction Programme for Public Service The first training on the Ethics Management Workshop for National and Provincial Government took place in August DPSA Implementation Support Technical Assistance: Anti-Corruption training courses were developed on NQF levels 4, 5 and 6. Anti-Corruption training was provided to 5342 anti- corruption practitioners and public servants. 13 Implementation Support Structures Support structures created: National Ethics Officer Forum (March 2015): To provide a platform for interaction and exchange of knowledge. Focus strengthening capacity of practitioners to implement anti-corruption and ethics management strategies and policies. Public Sector Anti-Corruption Working Group: The South African government has adopted a multi-agency approach coordinated by the Anti-Corruption Task Team, supported by a comprehensive anti- corruption architecture of which this programme is one. Objective: To build a transparent and accountable public sector that is ethical and gives effect to Government's anti-corruption agenda. 14 Implementation Support Structures Public Sector Anti-Corruption Working Group : Key deliverables: To develop a Public Sector Anti-Corruption Strategy, to develop a system to support investigations and discipline management (irt conflicts of interests detected) and to improve suitability and vetting (ethics screening). To collaborate with civil society and business to forge beneficial strategies to prevent and combat corruption. To strengthen capacity in the Public Sector by establishing a learning network, to broaden the knowledge base of practitioners and to improve the general ethics of employees. To coordinate South Africas international obligations pertaining to anti- corruption work. 15 Ethics Survey Baseline: Will be able to test effectiveness of policies and measures and assess the impact thereof on the ethical culture of the public service. DPSA, SA Local Government Association and Department of Cooperative Governance undertook: 2 phases: 1) focus group, 2) online survey. Online survey closed 21 August. Analysis will be done by EthicsSA. 16 Ethics Survey: Spheres of Government 17 Category%N National government41.4%3 254 Provincial government40.9%3 218 Municipalities17.8%1 397 Total 7 869 THANK YOU QUESTIONS 18