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Public Service Act, 1994 (Act No. 103 of 1994)

Regulations

Public Service Regulations, 2016

Chapter 2 : Conduct, Financial Disclosure, Anti-Corruption and Ethics Management

Part 1 : Code of Conduct

13. Ethical conduct

 

An employee shall—

(a) not receive, solicit or accept any gratification, as defined in section 1 of the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004), in return for performing or not performing his or her official duties;
(b) not engage in any conduct that is in conflict with or infringes on the execution of his or her official duties;
(c) 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, unless such employee is in an official capacity a director of a company listed in schedule 2 and 3 of the Public Finance Management Act;
(d) recuse herself or himself from any official action or decision-making process which may result in improper personal gain or conflict of interest, and this shall immediately be properly declared by the employee;
(e) immediately report to the relevant authorities, fraud, corruption, nepotism, maladministration and any other act which constitutes a contravention of any law (including, but not limited to, a criminal offence) or which is prejudicial to the interest of the public, which comes to his or her attention during the course of his or her employment in the public service;
(f) refrain from favouring relatives and friends in work-related activities and not abuse his or her authority or influence another employee, nor be influenced to abuse his or her authority;
(g) not use or disclose any official information for personal gain or the gain of others;
(h) not receive or accept any gift in the course and scope of his or her employment to the cumulative value exceeding R500 per year, unless approval is obtained from the relevant executive authority;
(i) if he or she has permission in terms of section 30 of the Act to perform outside remunerative work, not—
(i) perform such work during official work hours; and
(ii) use official equipment or state resources for such work.
(j) deal fairly, professionally and equitably with all other employees or members of the public, irrespective of race, gender, ethnic or social origin, colour, sexual orientation, age, disability, religion, political persuasion, conscience, belief, culture or language; and
(k) refrain from party political activities in the workplace.

 

[Regulation 13(a)(b)(d)(h) substituted by section 3(a)(b)(c)(d) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]