Q: Are claims for fuel, traveling or food based on the company rates regarded as “Other Remunerative Work” (ORW)?
A:
- Claiming for actual expenses by producing receipts does not constitute ORW.
- If an employee claims based on an activity done, it constitutes other remunerative work. Examples
- claim for attending a meeting based on the rates of the organisation;
- claim for travel based on the rate per kilometer of the organisation; or
- claim for subsistence based on the rates of the organization.
In the above examples, the employee is not claiming for actual expenditure. This is based on the Public Finance Management Act.
Q: Can the Executive Authority delegate the power/authority to approve ORW to an official of the Department?
A: Yes, the EA has the power to delegate this function. Delegation must be in writing and the official delegated
Q: When does the 30 days for approval start?
A: 30 days start from the date when the Ethics Officer receives a duly completed application form. The Ethics Officer should acknowledge receipt by return email or date stamp on a printed form. As an Ethics Officer make sure that the form is duly completed and there is no need to send it back to anyone. Source ‘Directive on Other Remunerative work
Q: How do we deal with employees who apply for RWOPS to become full time or part time councilors in the Municipality? Are they allowed to apply? Can the EA grant permission in this case?
A: The employee should have followed the correct process before contesting for elections. An employee who is standing as a candidate for election:
- inform the Head of Department in writing, the next working day after the IEC issues him/her with a candidacy certificate;
- submit the leave form and a copy of the certificate to the HOD on the same day (following departmental processes);
- will be on leave until a day after elections; and
- if the employee does not have sufficient annual leave days, he/she will take unpaid leave for the period in question.
So, when the employee requests for approval to perform ORW as a counselor, it should not be the first time that the HOD hears about this.(Public Service Regulations , Regulation 15
It was also at this point that an employee should have applied for ORW. Application for approval to perform ORW is done prior to the engagement with ORW.
Employees cannot apply to become full-time councilors. Those who are appointed as full-time councilors should resign from the public service.
Part time councilors should have applied before engaging in ORW. The Local Government elections were held in November 2021. All applications in this regard should have reached the EA’s Office before then. The application should have been evaluated like all other applications for ORW using the following criteria (section 30(2) of the Public Service Act, 1994:
- whether or not outside work could reasonably be expected to interfere with or impede the effective or efficient performance of the employee’s functions in the department; or
- Constitute contravention of the code of conduct.
When an employee applies for ORW, the EA has the power to approve or not approve.
Q: When principals/ teachers make use of extra classes to learners and get paid externally but make use of school property to do so, is it not deemed as making use of government property / state resources?
A: Schools are government property. Regulation 13(i) of the Public Service Regulations, 2016, is clear on the conduct of employees who have approval to perform ORW. They cannot use state resources to perform such work.
Q: Can the application form perhaps be amended to add a section for where employees disclose in the application the amount of remuneration to be received?
A: The amount of remuneration is not part of the criteria to evaluate the application for ORW. The DPSA, therefore, deemed it not necessary for the application process.
Q: Internal auditors always make findings for people with directorships in companies registered on CIPC.
A: Being a director of the company does not necessarily mean an employee is conducting business. If the company is trading, an employee should have applied for permission to perform ORW. If the employee cannot provide a certificate of approval, then the auditors will be right to make a finding against the department.
Q: How is the private information of individuals protected during the disclosures and life style audits in terms of POPIA?
A: POPIA protects individuals to use other individual’s information for as long as they are using if to perform their functions
