What Public Servants need to know about the declaration of interests?

It is required of senior management service (SMS) members in the Public Service to disclose their interests once a year on an electronic Disclosure system (eDisclosure).  The Minister for the Public Service and Administration, expanded this requirement to also include other categories, by issuing directives and determinations.  The aim is to introduce new categories in a staggered fashion, while expanding the eDislcosure system, so that eventually all Public Servants will be disclosing their interests.

It is required of SMS and other categories to disclose their interests so that heads of departments, the Public Service Commission (PSC) and DPSA will be able to detect and manage conflicts of interest at an early stage.

The PSC is mandated to scrutinise the submissions of declarations of interests of SMS for possible conflicts of interests.  The rest are scrutinised by heads of departments.  It is expected of departments to act against employees who are found to have conflicts of interest.

The DPSA (notably the Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit – TAU) provides technical assistance to departments throughout the process.  The disclosure rate as well as interventions and findings are presented by the PSC and DPSA to the relevant parliament portfolio committee.

In terms of Regulation 18 of the Public Service Regulations, 2016, all SMS members are required to disclose their financial interests to their relevant head of department not later than 30 April of each year.  A copy of the information on the interests of Public Servants and heads of departments are submitted electronically to the Public Service Commission by 31 May, and are simultaneously directed to the DPSA.

In terms of the March 2017 Ministerial Determination and Directive on other categories of employees below SMS to disclose their financial interests, the following categories of Public Service employees are required to disclose their financial interests:

• Level 13 and above
• All level 12 and level 11 officials (including those on OSD level and personal notches for level 13 and above, level 12 and level 11)
• Ethics Officers,
• PSC Officials,
• Supply Chain members, and
• Finance Unit members.

Levels 13 and 12 (as well as OSD and personal notches on these levels), Ethics Officers and PSC Officials must submit their disclosures using the eDisclosure system by 30 June, and the rest of these categories must submit by 31 July.

A Directive on the form to be used by SMS members and HODs to disclose their financial interests were issued in January 2018, requiring all SMS and the aforementioned identified categories to use the eDisclosure system for disclosures.

A Guide will be introduced in April 2021 to assist departments to utilise the eDisclosure system for conducting lifestyle audits on their employees.

Regulation 19 requires of Public Service employees to disclose the following information:

1. a) Shares, loan accounts or any other form of equity in a registered private or public companies and other corporate entities recognised by law:

(i) The number, nature and nominal value of shares of any type in any public or private company and its name; and

(ii) other forms of equity, loan accounts, and any other financial interests owned by an individual or held in any other corporate entity and its name.

(b) Income-generating assets:

(i) A description of the income-generating asset;

(ii) the nature of the income; and

(iii) the amount or value of income received.

(c) Trusts:

(i) The name of the trust, trust reference or registration number as provided by the Master of the High Court, and the region where the trust is registered;

(ii) the purpose of the trust, and your interest or role in the trust; and

(iii) the benefits or remuneration received (these include fees charged for services rendered).

(d) Directorships and partnerships:

(i) The name, type and nature of business activity of the corporate entity or partnership; and

(ii) if applicable, the amount of any remuneration received for such directorship or partnership.

(e) Remunerated work outside the employee’s employment in her or his department:

(i) The type of work;

(ii) the name, type and nature of business activity of the employer;

(iii) the amount of the remuneration received for such work; and

(iv) proof of compliance with section 30 of the Act must be attached.

(f) Consultancies and retainerships:

(i) The nature of the consultancy or retainership of any kind;

(ii) the name, type, and nature of the business activity of the client concerned; and

(iii) the value of any benefits received for such consultancy or retainers.

(g) Sponsorships:

(i) The source and description of direct financial sponsorship or assistance;

(ii) the relationship between the sponsor and the employee;

(iii) the relationship between the sponsor and the department; and

(iv) the value of the sponsorship or assistance.

(h) Gifts and hospitality from a source, other than a family member:

(i) A description, value and source of a gift;

(ii) the relationship between the giver and the employee;

(iii) the relationship between the giver and the department; and

(iv) a description and the value of any hospitality intended as a gift in kind.

(i) Ownership and other interests in immovable property:

(i) A description and extent of the land or property;

(ii) the area in which it is situated;

(iii) the purchase price, date of purchase and the outstanding bond on the property; and

(iv) the estimated market value of the property.

(j) Vehicles:

(i) A description (make and model) of the vehicle;

(ii) the registration number of the vehicle; and

(iii) the purchase price, date of purchase and the outstanding amount owing on the vehicle.

Compliance rate

 SMS MEMBERS (submission by 30 April 2020)

Table 1:  Summary of the compliance rate by SMS members across the public service for the 2019/20 disclosure period

• Designated employees below SMS members

Table 1:  Summary of the compliance rate by other categories of designated employees below the SMS level for the 2019/20 disclosure period