The SA department of public service and administration has come up with a newly proposed legislation that will outlaw public servants from doing business with the state – directly and indirectly.
The proposed rules which has a deadline of August 15 to be passed into law, will block all public servants from doing any form of business with the state, or being a director of a company that does business with the state.
The draft regulations have a strong anti-corruption thread, whereby the department will investigate conflicts of interest when companies do business for the government and public servants stand to gain from the deals.
Other Things To Expect In the Proposed Rule
Through this also, government officials and Senior managers will be required to declare all their business interests and links every year. These includes shares, loan accounts or any other form of equity in a registered private or public companies.
The proposed rules will also order all state institutions to keep a public register of entities doing business with them and public servants will also have to disclose any directorships or partnerships they have with businesses, as well as any remuneration associated with these.
In the process where a conflict of interest is found, the matter will be directed to an “executive authority”, which will under 30 days, investigate and develop a plan of action to “remove the conflict of interest”, where possible.
No penalty or punishment has however been meted out for not adhering to the rules listed, but the draft document does say that failure to adhere to the rules at any level will lead to disciplinary action.
The draft regulation was published for public comment on the department’s website (www.dpsa.gov.za) with a deadline set at 15 August.