Management of Conduct > Promotion of Ethical Environment

How does human resources management promote an ethical environment?

Providing rules/guidelines/policies for recruitment and promotion procedures (238a)
Basing recruitment and promotion on merit (238b)
Publishing the recruitment rules/guidelines/policies (238c)
Publicising vacant positions (238d)

Integrity is criterion in the selection process (238e)

Specification how (238f): The White Paper on Human Resource Management 1997, outlines the procedures for a fair and ethical selection processes.The aim of the selection process will be to identify the most suitable person for the job from the widest possible pool of talent; to make the Public Service more accesible to all sections of soceity; to achieve employment equity; and provide equal opportunities for advancement for people at all levels within the public service. The selection process, is based on merit, and the job selection criteria are based on the principles of fairness, equity and transparency.

Integrity is evaluated in the performance appraisal (238g)

Specification how (238h): Whilst integrity is not mentioned as a specific criterion in the performance management review outlined in the Human Resources White Paper, it is implicit as a concept.The core values of the public service entrenched in the Code of Conduct and the Constitution should guide the performance assesment. This link however is not neccesarily made clear enough in practice
Leaders and managers set a good example (238i)

Other (238j)

Specification (238k): The new Human Resources Management approach entrenched in the white paper refelcts a new management philosophy. This philosophy is based on locally developed management practices within Public Service i.e - wide principles which are put into practice at a local level by local human resource management units. Finally line managers assume primariy responsibility for the management and development of their human resources. This focus on localised accountability ensures that integrity becomes a key outcome of human resource management practice.

Is special attention given to officials in positions particularly vulnerable to corruption?


If yes, please list public service groups (e.g. public procurement, contracting, concession granting and licensing, customs or tax collection, officers controlling extra-budgetary funds, recruitment officers, etc.) and the measures used (e.g. regular rotations, specialized training, special incentives, etc.)

GROUP 1 (239c)
Senior Public Service Managers with particular attention given to the role of the Director General and Heads of Department. The new Public Service Amendment Act 1998, focuses on the role and functions of the Director General, particulalry in terms of personal accountabillity. The Act gives the power to employ people and to organise work for the executing authorities - the political leadership of government. The political leadership do not, however have the time or capacity to micro-manage their departments. Therefore the act provides that except where they need to intervene personally they can delegate operational and managmenet powers to heads of department. The managers must abide by labour laws and collective agreement, and use simple procedures to avoid nepotism and favouritism. Heads of Department are appointed on contract. This approach increases the personal accountability of the senior management of the public sector.for all the administrative functions of Departments. Whilst ensuring that the Ministers are finally accountable and responsible. Managers are held responsible and accountable for their actions and decisions, and held to their performance contracts, whilst allowing for felxibility and latitiude to make decisions.
GROUP 2 (239d)
All departments are required to produce their own Codes of Conduct that reflect the specific ethical issues faced by employees in each department. The individual departmental codes of conduct should follow the general form and content of the national Code of Conduct.
GROUP 3 (239e)
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GROUP 4 (239f)
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GROUP 5 (239g)
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Are disciplinary procedures available in case of a breach of public service standards?


If yes, please specify the procedures (steps to be followed) and disciplinary sanctions (e.g. from reprimand to dismissal or disqualification from public office), and their sources (e.g. form of legislation, agency documents) and the available administrative and legal redress, including the appeal to court.

PROCEDURE 1 (240c)
The Public Service Regulations (1998) outline the sections of the Labour Relations Act /1995 which determine the step towards disciplinary sanctions and dismissal. The Labour Relations Act of 1995 sets out the procedures - see.www.gov.za/documents/combsublist.htm#Public Service. The Regulations also set broad guidelines for managing appeals. Under the new Public Service Commission Act the Public Service Commission handles formal grievances, and appeals and generally plays an ombuds role. Departmental Appeals procedures aim to settle relatively minor internal disputes amicably. They do not replace formal grievance and dsicplinary procedures, and cannot overide collective agreements. The executing authority has the final decision on appeal. The Regulations on appeals aim primarily to ensure administrative justice. That is, employees must have clear appeal routes and receive the reasons for decisions in writing. They can ask colleagues or union officials to represent them. To mitigate unecessary confrontationand formatliy, they may not use legal counsel. The Public Service Act gives rules for handling misconduct. The regulations give more detail. In particular they lay down basic procedures to ensure notification of employees and a written record of proceedings. the executing authroity has the final decisions. In serious cases, for instance, those involving crimes such as fraud, departments may want to suspend the employees concerned during misconduct proceedings. The Regulations permit the suspension of these employees with or without pay. Suspension without pay may last for no more than three months. Employees found not guilty are reinstated with back pay.
PROCEDURE 2 (240d)
A presiding Officer is appointed by the Head of the Department. In terms of the regulations a presiding officer must have the necessary knowledge, skills and experience to preside at a misconduct hearing. A charge of misconduct shall be made in writing and served on the employee at her/ his residential address or work adress, by delivery or tendering it to her or him or by sending it by registered post.
PROCEDURE 3 (240e)
An employee may at any time before or after she or he has been charged with misconduct be suspended from duty by the head of department with or without pay. She or he shall convey the notice of supension in writing. An employee may not be suspended without pay (or with pay) for a period exceeding 3 months.
PROCEDURE 4 (240f)
The presiding officer shall determine the proceedings to be followed at the hearing, which shall be fair. The record of the hearing shall be delivered or sent by registered post to the official address of the head of department, at the same time as the presiding officer reports to the head of department on the results of the hearing.
PROCEDURE 5 (240g)
An executing authority shall prescribe a fair procedure for appealing against the finding of the presiding officer or the decision of the head of department or head of provincial departmnet. An executing authority shall have the final decision on an appeal. The record of proceeding of the hearing referred to in the public Service Regulations shall be delivered or sent by registered post to the official address of the executing authority by the head of department or head of provincial department within 7 working days of having been informed by the executing authority of the appeal lodged by him or her.