Anti-corruption legislation and policy instruments in the public sector

The amendment of the Public Service Act (Act 103 of 1994) and the Public Service Regulations:

  • Prohibiting public officials in undertaking other remunerative work outside their employment. Public officials performing other remunerative work outside their employment should seek permission from senior officials. Officials who participate in other remunerative work should be issued with a certificate of approval, which has to be attached to the public service employee’s Financial Disclosure Form, to facilitate quick verification;
  • Prohibiting public officials from conducting business with any organ of state whether in their own capacity as individuals or through companies in which they are directors;
  • Limiting the public officials from accepting gifts from any employee or person in return for performing their duties;
  • Designated public officials to disclose their financial interests. This is important in the management conflict of interests;
  • Establishment of ethics infrastructure such as ethics committees, ethics officers and ethics champions in public organisations.

President Ramaphosa launched a public enquiry to investigate allegations of State Capture, Corruption, Fraud and other allegations in the Public Sector including Organs of State.

The President also established the Investigating Directorate headed by Hermione Cronje which deals with serious, complex and high-level corruption, including allegations emerging from the Zondo, Nugent and Mpati commissions of inquiry.

The President expanded the public sector audit mandate of the Auditor-General last year to fight corruption and maladministration. The Amendments to the Public Audit Act allow for officials to be referred to the investigative authorities so that they can account for the funds they have misused, and recover these funds.

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