New rules for public servants

File photo: Masi Losi

File photo: Masi Losi

Published Aug 31, 2015

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Johannesburg - Proposed new public service regulations say public servants who stand as election candidates must inform their departments within 24 hours and go on annual or unpaid leave.

If adopted before next year’s municipal poll, the new regulations would replace the 2001 rules, which are silent on would-be local government candidates but require the resignation of those nominated for the National Assembly and National Council of Provinces.

The draft public service regulations say a public servant who is certified as an election candidate under the Electoral Act must inform their department within 24 hours – and must go on leave.

If the election hopeful public servant doesn’t have sufficient leave, he or she is “deemed to be on unpaid leave”.

That leave lasts until the day before he or she assumes office, if elected, or returns to the public service after failing to be elected or turns down the post as a public elected representative.

It is one of the changes in the new draft public service regulations, which also put ethical standards at the start of the document, rather than in a code of conduct much further down, which is the case in the current regulations.

Under the new rules, public servants shall “be polite, helpful and reasonably accessible” in their dealings with the public, put the public interest first and strive to achieve the objectives of the institution they work for “cost-effectively and in the interest of the public”. A public servant shall “not abuse his or her position in the public service to promote or prejudice the interest of any political party or interest group”.

Further, they must “refrain from favouring relatives and friends in work-related activities” and “not solicit, obtain or accept any gratification” as well as immediately report fraud, corruption, nepotism and maladministration to the relevant authorities.

In the new draft public service regulations, public servants are expressly banned from communicating with the media.

The current financial disclosure regimen for senior public service managers remains in place; the Public Service Commission has called for its improved implementation after repeatedly raising concerns about low numbers and quality of disclosures in recent years.

The senior manager’s financial disclosures remain confidential and can be accessed only by the relevant minister, director-general, department head and the commission.

Anyone else must bring an application under the Promotion of Access to Information Act.

Tabled in Parliament last week, well after publication in the Government Gazette, the public comment period on the draft regulations ends on Thursday.

The Star

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