Provincial Anti-Corrupt and Security Management Ethics Management.PPT

ethics Management

1. PROVINCIAL ANTI-
CORRUPTION AND
SECURITY MANAGEMENT
ETHICS MANAGEMENT

2. “Ethics” is broadly defined as well based
standards of right and wrong that prescribe our
rights, obligations and benefits to society. Ethics
is about how we ought to live, treat others, run or
manage our lives and organisations.
In general, ethics is about what is good or right in
our day to day lives, and how we make
decisions.
•The term ethics or morality is often used to describe this “moral compass”
that helps us to see right from wrong. We use our values to evaluate the
different options. We choose our actions according to our values.
•Being ethical is about distinguishing between what is morally right and
wrong with the purpose of doing what is right. If a person has the ability to
distinguish between right and wrong but chooses NOT to do what is right,
this conduct can be described as unethical..
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Definition - ethics

3. 3

Doing good even when no one is
watching

4. •Living values seriously
–Choosing and living core values that guide right, good and fair human
conduct
–Examples of core values?
•Choosing right over wrong
–Respecting others’ (moral/legal) rights
–Discharging our own (moral/legal) obligations
•Choosing good over bad consequences
–Promoting good consequences
–Avoiding and minimising bad consequences
•Choosing fair over unfair
–Impartially considering and balancing all affected parties’ interests
•Cultivating good character
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What it means to be ethical

5. 5
Don’t Harass

6. PSIMF (2013)
Public Administration Management Act (2014)
•NON-COMPLIANCE with Ch 2 of PSR (Code of
conduct) & ch 3 Financial Disclosure framework:
and Section 30 of the PSA, dealing with
Remunerative Work Outside the Public Service
Reason for PSIMF

7. •WEAK IMPLEMENTATION:
–Weak institutional capacity to address and manage
unethical conduct and corruption
–Supply chain management procedures and processes
are not always adhered to
–Inconsistent application of disciplinary measures
Reason for PSIMF

9. •Departments shall establish an Ethics Office responsible for
day-to-day-work related to the ethics management programme
which will be manned by Ethics Officer(s) dedicated/assigned.
•Departments shall establish an Ethics Committee (or make use
of an existing committee) to assist the determination of the
department’s ethics strategy, and to provide oversight of
integrity management.
•Departments shall designate an Ethics Champion at the
executive level with the delegated authority to drive ethics and
anti-corruption initiatives. Ethics Champions shall be
responsible for their departments’ ethics performance
Ethics Infrastructure

10. Functions include:
• Conducting ethics risk assessment;
• Compile an ethics Management Plan;
• Develop a code of ethics and policies;
• Monitoring and reporting
• Institutionalise ethics standards by :
* Communication and awareness;
* Ethics training/discussions;
* Ethics advice channels;
* Conflict of interest management;
* Information management
Ethics Office

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CHAPTER 2- CONDUCT, ETHICS AND
ANTI-CORRUPTION
Regulation 13(c) of the Public Service Regulations, 2016 introduces a prohibition
on employees conducting business with an organ of state or being a director of a
public or private company conducting business with an organ of state. This
provision was aligned with section 8 of the Public Administration Management Act,
2014.
A transitional measure is introduced to deal with an employee who is conducting
business with, or who is or a director of a company conducting business with, the
organ of state to require such employees to withdraw from such practice or resign.
Failure to do so will result in non- compliance with the Act and be dealt with in
terms of section 16B of the PSA.
PART 2: Financial Disclosures (regulations 16 to 21)
Financial disclosure forms may be submitted electronically or in a printed form;
and The disclosure of vehicles has been included
Chapter 2- Conduct, Ethics And Anti-
corruption

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PART 3: Anti-corruption and ethics management (regulations 22 to 24)
Places obligations on a HOD to assess risk in the area of ethics and corruption and to
develop and implement strategies to mitigate such risk and where necessary, report such
corruption to law enforcement authorities as well as to take disciplinary steps.
As part of the strategy to deal with corruption, an obligation is placed on executive
authorities to designate such suitably qualified ethics officers to promote and advise on
ethical behaviour as well as to monitor unethical and corrupt activities in the department.
Existing employees must be utilised to provide this support hence there is no requirement
to create additional structures or posts.
Provision is also made to allow the Minister to determine the process of such applications
and the form to be completed by employees for the performance of outside remunerative
work contemplated in section 30 of the PSA. This will ensure consistency throughout the
public service.
A transitional provision has also been inserted for all approvals and deemed approvals to
terminate within six months of the coming into operation of the determination by the
Minister contemplated in regulation 24 of the Public Service Regulations, 2016.
Chapter 2- Conduct, Ethics And
Anti-corruption Cont….

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TRANSITIONAL ARRANGEMENTS
Outside remunerative work
Section 30 of the PSA requires employees to seek the prior permission of an
executive authority to perform outside remunerative work. Section 30
further provides that should the executive authority not consider the
request within 30 days, the approval is deemed to be granted.
Regulation 24 provides that the MPSA may determine the process and form
for the request.
The transitional measure seeks to terminate all approvals within 6 months
of such determination contemplated in regulation 24 of the PSA where
after further approval will be required to be sought in terms of section 30
and dealt with in terms of the determination by the MPSA.
 
Outside Remunerative Work

14. –In considering an application for outside
remunerative work, the Executive Authority or
designated official shall, in addition to the current
criteria, assess whether the outside work could
reasonably interfere with or impede the effective
and efficient performance of the employee’s
functions.
Remunerative work outside employment

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TRANSITIONAL ARRANGEMENTS
Doing business with an organ of state
The Code of Conduct contained in Chapter 2 prohibits
employees from doing business with an organ of state and
being a director of a company that does business with an organ
of state.
The transitional provision is to deal with employees who are
doing such business with an organ of state at the time of
effecting the revised Code of Conduct. The transitional measure
is to require the employee to cease to do business with the
organ of state and provide proof thereof to the employer,
failing which they must resign.
Transitional Arrangements

16. An employee whose spouse, partner, business associate or
close family member, stands to acquire any direct benefit
from a contract concluded with their department, shall
disclose in writing full particulars of the benefit to the Ethics
Officer and withdraw from participating in any manner
whatsoever in the process relating to that contract;
An electronic submission of financial disclosures is currently
being implemented in the Public Service and employees shall
disclose every time new registrable interests are obtained;
Disclosure of financial interests

17. –Employees shall be prohibited from accepting or
soliciting any gifts, hospitality and private benefits from
any person in return for performing or not performing
his or her official duties; and
–Prohibitions of gifts exclude all tokens that may be
offered or accepted within normal standards of
courtesy or protocol by any entity. This will include
tokens such as conference packages (pens, bags, t-
shirts, etc) and any promotional materials or gifts
offered at official functions and events.
Acceptance of gifts

18. –The executive authority shall take into account the
following aspects when assessing the application:
•The nature and extent of work to be undertaken;
•The time required for the outside work; and
•The employee’s performance record.
Remunerative work outside employment

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Leadership Commitment
Ethical leadership requires that leaders should not only act ethically themselves, but also create
an environment that makes it easy for others to act ethically.
This is achieved by:
•Exemplary conduct;
•Supporting those who live the desired values, or who take a principled stance;
•Encouraging staff to talk openly about ethical matters;
•Recognising and acknowledging ethical behaviour;
•Visible and audible support of ethics initiatives;
•Swift, fair and consistent action when ethics violations occur; and
•Allocating resources to the ethics management programme.
Leadership commitment is shown when the leaders create structures and capacity within the
organisation for actively managing ethics, and when they give them the resources and support to
do this work. Without embedding ethics in the formal governance structures of a department, it
can easily be side-lined and lose its importance.

20. THANK YOU