Progress on Development of Code of Conduct for Special Advisers Presentation
Presentation to the Select Committee outlines the overview, dispensation vs OECD standards, elements of the code of conduct, and the draft code emphasizing adherence to the Constitution, ethical conduct, and official duties for Special Advisers in South Africa. It focuses on promoting a capable and ethical public service.
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PRESENTATION TO THE SELECT COMMITTEE ON THE DEPARTMENTS OF TRANSPORT, PUBLIC SERVICE AND ADMNISTRATION, PUBLIC WORKS AND INFRASTRUCTURE PROGRESS ON THE DEVELOPMENT OF CODE OF CONDUCT FOR SPECIAL ADVISERS DPSA 21 FEBRUARY 2024 Growing South Africa together for a capable and ethical Public Service SECRET 1
PRESENTATION OUTLINE 1 Overview and Dispensation vs OECD 2 Elements Development of Code of Conduct 3 Purpose and Adherence to the Constitution 4 Relationship with the Public and ethical conduct 5 Conflict of interest and use of confidential information 6 Progress to date 7 Next steps 2
OVERVIEW & DISPENSATION VS OECD OVERVIEW & DISPENSATION VS OECD Dispensation vs OECD Overview 1. The PSA and the Dispensation broadly provide the roles /functions in line with what has been identified in the OECD report. OECD report further provides for: Setting of integrity standards for Special Advisers, through Code of Conduct. Transparency on the number of appointed Special Advisers and their overall costs. Accountability structure. Role of Special Advisers vs Employees. 3. A few countries, i.e. New Zealand and United Kingdom, in the OECD report make use of generic JDs for Ministerial advisers. 4. If standardised JDs are developed, then the functions of the jobs in the offices of the Ministers and Premiers should be considered, to ensure that functions do not overlap. 1. Post 1994 democratic elections, Special Advisers were appointment to advise the newly elected Executive Authorities. 2. 2. The Dispensation for the Appointment and Remuneration of Special Advisers was approved Dispensation ). by Cabinet ( the 3. The Dispensation also adhered to the four possible functions as provided by OECD Ministerial Advisers: Role, Influence and Management. 4. These four functions are strategic advice, stakeholder relations, political advice and media liaison . Growing South Africa together for a capable and ethical Public Service SECRET 3
ELEMENTS CODE OF CONDUCT FOR SPECIAL ADVISERS Purpose of the Code of Conduct 1 Adherence to the Constitution and other applicable laws 2 Ethical conduct 3 Performance of official duties 4 Conflict of Interest 5 Use of official confidential and personal information 6 Useable graphics elements 7 January 2021 Special Adviser as candidates for elections 4
DRAFT CODE OF CONDUCT 5 Purpose Adherence to Constitutional and other laws 1. Establish guidelines for the professional conduct and responsible behaviour of those acting on behalf of the State, including Special Advisers. Special Advisers to conduct themselves with dignity, honesty, integrity and respect. Special Advisers to respect the environment and to assist the Public Service to be an employer of choice. Promotion of Batho Pele principles. 1. Be faithful to the Republic and honour and abide by the Constitution and all other laws in the execution of his or her official duties. Put the public interest first in the execution of his or her official duties. Loyally execute the lawful policies of the Government of the day in the performance of his or her official duties. Abide by and strive to be familiar with all legislation and other lawful instructions applicable to his or her conduct and official duties. Cooperate with public institutions established under the Constitution and legislation in promoting the interest of the public. 2. 2. 3. 3. 4. 4. 5. Growing South Africa together for a capable and ethical Public Service
DRAFT CODE OF CONDUCT 6 Relationship with the Public Ethical conduct Promote the unity and wellbeing of the South African nation in performing his or her official duties. Be committed through timely service to the development and upliftment of all South Africans Recognise the public's right of access to information, excluding information that is specifically protected by law Not abuse his or her position in the public service to promote or prejudice the interest of any political party or interest group respect and protect the dignity of every person and his or her rights as contained in the Constitution 1. Not engage in any transaction or action that is in conflict with or infringes on the execution of his or her official duties Not conduct business with any organ of state or be a director of a public or private company conducting business with an organ of state. Not use or disclose any official information for personal gain or the gain of others. Refrain from party political activities in the workplace Refrain from favouring relatives and friends in work. 1. 2. 2. 3. 3. 4. 4. 5. Growing South Africa together for a capable and ethical Public Service
DRAFT CODE OF CONDUCT 7 Conflict of interest Use of official confidential information 1. May not conduct business with the State or be a director of a public or private company conducting business with the State Declare any business or financial gain that may raise or possible a conflict of interest with the State The Special Adviser shall direct his/her inputs to the Executive Authority and shall have no role in the administration and/or management of the department To disclose financial interests. 1. All individuals who have access to information owned by the State are expected to know and understand the relevant access and privacy requirements. Access to and knowledge of the content of employee records will be limited to persons who need the information for legitimate business or legal purposes. Special Advisers may authorisation, confidential and/or personal information Special Advisers must take care to maintain the integrity, confidentiality documentation and information to which they have access. 2. 2. 3. 3. not impart, without 4. 4. and privacy of all Growing South Africa together for a capable and ethical Public Service
8 PROGRESS TO DATE Review of the Dispensation for Special Advisers underway . a) Draft Code of Conduct consulted with Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit (TAU) b) Review of the Dispensation being processed through internal governance structures c) Growing South Africa together for a capable and ethical Public Service
NEXT STEPS Consultations with key stakeholders, i.e., Presidency, Offices of Premier, PSC, NSG, sampled National Departments 1 Analysis of the inputs 2 Amendments to the Dispensation and Code of Conduct 3 Briefing to the DG: DPSA and EXCO 4 Briefing to the MPSA 5 Final submission of the Dispensation and Code of Conduct to the MPSA 6 Useable graphics elements 7 January 2021 Approval for submission to the Cabinet 9
