INTEGRITY IN THE SOUTH AFRICAN PUBLIC SERVICE

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INTEGRITY IN THE SOUTH AFRICAN PUBLIC SERVICE

• PRESENTED BY
• MS OR RAMSINGH
• DIRECTOR-GENERAL
• OFFICE OF THE PUBLIC SERVICE COMMISSION
• SOUTH AFRICA

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PRESENTATION OUTLINE

• Introduction
• Emerging from the ashes of a corrupt past
• Promoting a culture of professional ethics and
  anti-corruption
• Building Block Enacting Legislation
• Building Block Integrity Frameworks
• Building Block Creating Access and Reporting
  Mechanisms
• Building Block Strong Partnership Dimension
  between the Public Service and Society
• Building Block Service Delivery The Glue that
  Holds it Together
• Conclusion

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INTRODUCTION

• The Public Service Commission (PSC) has been the
  flag bearer of the South African Public Services
  efforts to establish integrity.
• The PSC is an independent body with oversight
  over public administration.
• Performs its functions without fear, favour or
  prejudice in the interest of effective and
  efficient public administration and a high
  standard of processional ethics in the Public
  Service (PS).
• The PSC has concentrated its efforts on
  developing and implementing integrity frameworks
  that help keep public servants accountable and
  honest.
• It was instrumental in developing and
  implementing a Code of Conduct, financial
  interests disclosure framework, stimulating the
  debate on conflicts of interest and forging
  cross-sectoral partnerships to fight corruption.

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• Our hope for the future depends on our
  resolution as a nation in dealing with the
  scourge of corruption. Success will require an
  acceptance that, in many respects, we are a sick
  society. It is perfectly correct to assert that
  all this was spawned by apartheid. No amount of
  self-induced amnesia will change the reality of
  history.
• (former President Nelson Mandela)

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EMERGING FROM THE ASHES OF A CORRUPT PAST

• Democratic government of SA inherited a PS that
  had its roots firmly planted in the practices of
  the Apartheid State.
• Apartheid PS was known for its secrecy and its
  public servants served the interests of the
  privileged minority.
• HRM practices were designed to enforce oppression
  and marginalise persons representing the majority
  of South African citizens.
• The democratic dispensation in 1994 and the
  sunset clause saw the emergence of two dominant
  organisational cultures within PS
• White male dominated, clinging to past practises
• Black, inexperienced but imbued with liberation
  ideals to transform the unequal society
  inherited.
• Corrupt practices were abundant in apartheid PS

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EMERGING FROM THE ASHES OF A CORRUPT PAST

• HRM did not exist in the PS and personnel
  components administered the implementation of
  the Apartheid agenda.
• Policy frameworks were geared towards maintaining
  control and a tight reign on departments to
  ensure implementation of the Apartheid
  governments objectives.
• 300 different sliding scales applied in the PS to
  promote inequalities in salaries between public
  servants of different races.
• Danger allowances for White public servants
  working in black areas.
• Recruitment allowances were also paid to lure
  whites to join the PS.
• Given the prevailing administrative culture the
  democratic government had much to do to achieve
  integrity within the PS.

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PROMOTING A CULTURE OF PROFESSIONAL ETHICS AND
ANTI-CORRUPTION

• There is nothing more difficult to take in hand,
  more perilous to conduct, or more uncertain in
  its success than to take a lead in introducing a
  new order of things.
• (Machiavelli)

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ETHICS AND LEGISLATION

• Transformation of the PS had to be viewed from
  the perspective of Society as a whole.
• Change had to be inclusive and people based.
• Constitution provided a solid foundation for the
  required changes by outlining basic values and
  principles governing public administration
• Promoting and maintaining a high standard of
  professional ethics.
• Public Administration must be accountable.
• Promoting efficient, economic and effective use
  of resources.
• Maximising human potential by cultivating good
  human resource management and career development
  practices.
• The Constitution serves as cornerstone of the
  value system in South Africa.
• Rights of all people are enshrined and the
  democratic values of human dignity, equality and
  freedom affirmed.
• To build integrity and fight corruption a
  comprehensive array of legislation has been
  enacted, and supporting institutions created.

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ETHICS AND LEGISLATION

• The legislation includes the following
• Promotion of Access to Information Act. Promoting
  freedom of
• access to information.
• Promotion of Administrative Justice Act. Ensuring
  that people
• have the right to administrative action that is
  lawful, reasonable
• and procedurally fair.
• Prevention and Combating of Corrupt Activities
  Act. Providing
• for the strengthening of measures to prevent and
  combat corruption and corrupt
• activities.
• Supporting institutions promoting democracy and
  integrity in governance include the Human Rights
  Commission, the Gender Commission, the Public
  Protector, the Auditor-General and the PSC.

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ETHICS AND LEGISLATION

• The test of a successful legal framework is
  usually how effectively it is applied?
• What is the type of integrity base that
  determines the actions of Public Servants?
• South African PS employs approximately 1,1
  million public servants. The need to perform with
  integrity is self-evident.
• The ethical undergirding of a public servant
  should display honesty, integrity, loyalty and
  accountability.
• Approach has not just been about making PS
  corruption resistant but also about promoting a
  work ethos guided by ethical considerations that
  are in the interest of the public.

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ETHICS AND INTEGRITY FRAMEWORKS

• Code of Conduct
• Code was promulgated by the President in June
  1997.
• Code exemplifies the spirit in which public
  officials should perform their duties, and
  provides guidelines to avoid conflicts of
  interest.
• It also indicates what is expected of public
  officials in terms of their personal conduct and
  in serving the public.
• The Code was an important first step in promoting
  integrity in the PS, and has demonstrated the
  ability to cultivate essential values among
  Public Servants.
• The PS Pledge was also developed to supplement
  the Code and its signing by the PS leadership was
  an important symbolic event in the drive towards
  integrity.
• Notwithstanding the successes around the Code it
  needs to be reviewed to reflect contextual
  challenges.

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ETHICS AND INTEGRITY FRAMEWORKS

• The Financial Disclosure Framework (FDF) for the
  Senior Management Service (SMS)
• Integrity frameworks show a specific bias towards
  promoting integrity amongst the administrative
  leadership.
• The FDF is aimed at preventing conflict of
  interests.
• SMS employees must disclose their financial
  interests each year.
• Disclosures promote both transparency and
  accountability in order to detect and prevent
  real conflicts of interest.
• The completed disclosure forms must be forwarded
  to the PSC.
• The PSC must scrutinise disclosure forms,
  identify potential conflicts of interest and
  alert Executing Authorities of these.
• EAs are expected to take the necessary steps to
  address the matter.

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ETHICS AND INTEGRITY FRAMEWORKS

• Message of clean administration.
• Anything short of 100 mark is unacceptable.
• Senior managers that do not comply are guilty of
  misconduct.
• The concern goes deeper than non-compliance to
  disregard for values and accountability and
  integrity.

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ETHICS AND INTEGRITY FRAMEWORKS

• Strengthening the Management of Conflicts of
  Interest
• The PSC is currently strongly advocating for
  detailed measures for managing conflicts of
  interest.
• Public officials are also private individuals,
  and there will be occasions when an officials
  own private interests may come into conflict with
  his/her public duty which is to put the public
  interest first.
• A key purpose of a conflict of interest system is
  to promote the perception of integrity in
  government by preventing conflicts of interest
  before they occur.
• Is premised on the notion of keeping honest
  public servants honest and protecting such
  officials against corrupt practices.
• Key considerations for managing conflicts of
  interest include cooling off periods,
  remunerative work outside the PS is effectively
  managed, and the acceptance of gifts.
• Given SAs history, cooling off periods are
  complex and the debate is contentious.

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ETHICS AND CREATING AWARENESS

• National Anti-Corruption Hotline (NACH)
• Public servants are often too intimidated to
  speak out or blow the whistle on corrupt
  activities in the workplace.
• Citizens wishing to report corruption are often
  frustrated by a lack of reporting mechanisms or
  lack of awareness of such services.
• Cabinet approved the establishment of one NACH to
  provide access to whistleblowers.
• Given its independence and its oversight
  responsibilities for the PS, the PSC was tasked
  to manage the NACH.
• The NACH is operational 24 hours and seven days a
  week and caters for all eleven official
  languages.
• Various methods of reporting alleged corruption
  are available telephone, fax, email, normal
  post, or personal visits to any of the offices of
  the PSC.

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ETHICS AND CREATING AWARENESS

• Since its inception, 1800 cases of alleged
  corruption have been referred to departments for
  investigation.
• Most frequently reported cases (alleged abuse of
  government-owned vehicles, fraud, procurement
  irregularities and failure to follow tender
  procedures).
• The rate of feedback has been generally slow
  (37) and the number of resolved cases have been
  low.
• Notwithstanding these concerns,reporting has
  resulted in the institution of disciplinary
  action and the dismissal of corrupt officials.
• Areas of risk have been identified that enable
  departments to improve internal controls and
  limit wrongdoing.
• The challenge will be to maintain the level of
  participation and confidence in the NACH through
  effective investigation and timely feedback.

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ETHICS AND PARTNERSHIPS

• The NACH demonstrates the strong public
  participation dimension in South Africas
  anti-corruption drive.
• The partnership approach has its origins in a
  national dialogue with the hosting of the first
  national Anti-Corruption Summit in 1999.
• Stakeholders met to organise a Summit to
  consider joint measures for the control of
  corruption.
• This consultative process ultimately led to the
  establishment of a cross-sectoral forum against
  corruption.
• The National Anti-Corruption Forum (NACF) was
  launched with the following objectives
• Establishment of a national consensus through the
  co-ordination of sectoral strategies against
  corruption.
• Advise Government on national initiatives in the
  implementation of strategies to combat
  corruption.
• Share information and best practice in sectoral
  anti-corruption work.
• Advise on the improvement of sectoral
  anti-corruption strategies.

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ETHICS AND PARTNERSHIPS

• The NACF comprises three sectors, namely civil
  society, business and the government sectors.
  Each sector is represented by 10 members
  nominated by constituencies.
• The Minister for the PS and Administration is the
  current chairperson and the PSC is the
  Secretariat of the NACF.
• Such partnership has not been without challenges
  regularity of meetings budgetary constraints,
  limited capacity.
• Through greater co-ordination and focus the Forum
  has become more robust and active.
• A National Anti-Corruption Programme (NACP),
  where all sectors contribute jointly, as well as
  separately by initiating their own programmes
  towards the prevention and combating of
  corruption has been established.
• The NACP has resulted in tangible outcomes such
  as the approved NACH logo and launch of its
  website, the adoption of an Integrity Pledge and
  signed by the leaders of the various sectors
  represented on the NACF and a Guide to popularize
  the Prevention and Combating of Corrupt Activity
  Act.
• The Forum is a manifestation of the combined
  efforts of government, civil society and business
  to tackle corruption head-on and to promote
  integrity.

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ETHICS AND SERVICE DELIVERY

• All of the above, but for what purpose? To
  improve the lives of the South African people!
• Improving service is the ultimate goal of the PS
  transformation programme.
• Effective service delivery focus must be driven
  by a strong integrity approach.
• Batho Pele (People First) White Paper, provides a
  policy framework and implementation strategy for
  the more efficient, effective and equitable
  provision of public services.
• It identified eight principles for the
  transformation of PS Delivery.
• Service Standards
• Access
• Information
• Openness and Transparency
• It seeks to introduce a customer-oriented
  approach that puts people first.
• Service delivery programmes should specifically
  address the need to progressively remove all
  barriers to access services.

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ETHICS AND SERVICE DELIVERY

• Public Servants have two major responsibilities
  in the context of Batho Pele.
• They must internalize Batho Pele to truly
  practice it.
• If they are to be accountable, they need to make
  sure that citizens know and understand the
  concept of Batho Pele.
• Inevitably the success of such approaches is best
  felt in the interface with the public.
• The South African President, the Honourable Thabo
  Mbeki, has led the way by the hosting of
  izimbizo (public meetings) with communities.
• The PSC opted for a concept called Citizens
  Forums to allow for participation by citizens in
  service delivery improvement.
• Citizens Forums allows for the engagement of
  citizens in matters of interest to them. This is
  a unique development where independent
  institutions participate jointly with citizens in
  proposing practical measures to improve service
  delivery and contribute towards the consolidation
  of governments people centred development
  programme.

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CONCLUSION

• The Building Blocks are essential ingredients
  towards an integrity driven PS.
• The South African PS has taken significant
  strides towards establishing integrity amongst
  its employees.
• The challenge that confronts the PS is how to
  consolidate the efforts that it has made in
  building integrity and further improve.
• An important development has been the fact that
  the integrity drive is not seen as something that
  the Public Service can do on its own but that the
  inputs of the broader society are required.
• The establishment of the NACF can be seen as a
  best practice example which other countries can
  follow.
• Despite all the efforts, the war against
  corruption is far from won.

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THANK YOU