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


Public Service Regulations, 2016

Chapter 1 : General Provisions

7. Decision-making in cases on conflict of interest


(1) If a conflict of interest arises upon the performance of an act by a functionary in terms of these Regulations, that functionary shall refer such conflict to an independent panel for review.


(2) An independent panel consists of at least two persons, appointed by the relevant executive authority, and if the functionary is the relevant executive authority the panel shall be appointed by—
(a) the President, in the case of the Department of Public Service and Administration;
(b) the Minister, in the case of a national department or government component or the Office of the Premier; or
(c) the relevant Premier, in the case of a provincial department or government component.


(3) The functionary shall act after considering the recommendation of the independent panel and if that functionary deviates from the panel's recommendations, he or she shall record the reasons for the deviation in writing.