The Department of Public Service and Administration (DPSA) has officially issued a Directive regarding the institutionalisation of the Ethics Officer (EO) function in the public service, which will take effect on April 1, 2024.
The Directive, issued by the DPSA applies to all departments and their employees, members of the services, educators, or members of the Intelligence Services, except when contrary to the laws governing their employment.
The primary purpose of the Directive is to provide guidance for the institutionalisation of the EO function within the public service. It aims to assist executive authorities within their respective departments by:
1. Appointing or designating Ethics Officers to perform ethics-related functions outlined in Regulation 23(1) and assisting the Head of Department with functions outlined in Regulation 22.
2. Advising executive authorities on the process of appointing or designating Ethics Officers through the Implementation Guidelines.
The Implementation Guidelines address important aspects such as the organisation of the ethics function and the staffing of the ethics function, including a sample job description.
Regarding the designation of Ethics Officers, it refers to a situation where the executive authority or Head of Department (HOD) temporarily assigns an employee to perform the ethics officer function in addition to their regular duties, as permitted by section 32(1) of the Act and Regulation 63 of the PSR, 2016. The amendment to Regulation 23(1) now allows departments to either designate or appoint EOs, providing flexibility for departments with limited resources or relatively low risk profiles.
The appointment of Ethics Officers in the public service is governed by section 9 of the Act, which grants executive authorities the authority to appoint individuals within their department according to prescribed conditions. When deciding whether to appoint or designate an EO and determine the appropriate number of EOs, the executive authority should consider factors such as the department’s risk profile and the development and implementation of an ethics management strategy that prevents and deters unethical conduct. The ethics management strategy should also identify the internal capacity required for its implementation.
Ethics Officers are expected to perform various functions to effectively fulfill their role. These include promoting integrity and ethical behavior within the department, providing advice on ethical matters to employees, identifying and reporting unethical behavior and corrupt activities to the Head of Department, managing the financial disclosure system and conducting lifestyle reviews, managing processes and systems related to Organizational Rights and Responsibilities (ORW), and overseeing the acceptance of gifts by employees.
In addition, Ethics Officers are responsible for assisting and supporting the Head of Department with the analysis of ethics and corruption risks, the establishment of mechanisms for employees and citizens to report corruption and unethical conduct, the development of an information system to record and monitor allegations of corruption and unethical conduct and raising awareness about the prohibition on employees conducting business with the state.
The Directive on the appointment of Ethics Officers aims to strengthen ethical practices and promote integrity within the public service. By providing clear guidelines and responsibilities, it seeks to ensure that departments have appropriate structures and personnel in place to address ethics-related matters effectively.
