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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 2 : Financial Disclosure

21. Conflict of interest

 

(1) In so far as conflict of interest relates to members of the SMS:
(a) The Commission shall verify the interests disclosed.
(b) If the Commission is of the opinion that an interest of a SMS employee disclosed in terms of regulation 18 conflicts or is likely to conflict with the execution of any official duty of that employee, it shall verify the information regarding that interest and refer the matter back to the relevant executive authority.
(c) Upon the referral, the executive authority shall consult with the employee concerned on appropriate steps to remove the conflict of interest.
(d) If the employee, after the consultation referred to in subregulation (1)(c), fails to take the appropriate steps to remove the conflict of interest, the executive authority shall instruct the relevant authority to take disciplinary action against the employee.
(e) An executive authority shall, within 30 days after such referral, report to the Commission by—
(i) stating whether any steps were taken; and
(ii) if steps were taken, giving a description of those steps or providing reasons if no steps were taken.

 

(2) In so far as conflict of interest relates to designated employees who are not members of the SMS:
(a) The head of department shall verify the interests disclosed.
(b) If the head of department is of the opinion that an interest of such designated employee disclosed in terms of regulation 18 conflicts or is likely to conflict with the execution of any official duty of that employee, he or she shall consult the employee concerned and, where possible, take appropriate steps to remove the conflict of interest.
(c) If the employee, after the consultation referred to in subregulation (2)(b), fails to take the appropriate steps to remove the conflict of interest, the head of department shall take disciplinary action against the employee.
(d) A head of department shall no later than 31 August of each year report to the Minister on—
(i) the number of cases identified in terms of subregulation (2)(b);
(ii) whether any steps were taken;
(iii) if steps were taken, a description of those steps; and
(iv) if no steps were taken, reasons thereof.