ETHICS

Week 1

​

“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..

2

Definition - ethics

3

Doing good even when no one is watching

• 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

4

What it means to be ethical

�

5

Don’t Harass

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

�

• 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

​

• 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

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

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

​

​

​

​

​

​

11

Conduct, Ethics And Anti-corruption

Conduct, Ethics And Anti-corruption Cont….

• 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.

​

​

​

​

​

​

12

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.

13

Outside Remunerative Work

Remunerative work outside employment

• 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.

​

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.

​

​

15

Transitional Arrangements

Disclosure of financial interests

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;

​

Acceptance of gifts

• 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.

​

Remunerative work outside employment

​

• 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.

​

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.

​

​

19

Leadership Commitment

​

THANK YOU