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

18. Disclosure of designated employees' interests
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(1) An SMS member, except for a head of department shall, not later than 30 April of each year, disclose to the relevant head of department, in the form directed for this purpose by the Minister, particulars of all his or  her interests in respect of the previous financial year.

[Regulation 18(1) substituted by section 6(a) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]

 

(2) A head of department shall, not later than 30 April of each year, disclose to the relevant executive authority, in the form directed for this purpose by the Minister, particulars of all his or her interests in respect of the previous financial year.

[Regulation 18(2) substituted by section 6(b) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]

 

(3) Any other designated employee not contemplated in subregulations (1) and (2) shall submit to the relevant head of department, on a date and form directed by the Minister, particulars of all his or her interests for the period as may be directed by the Minister.

 

(4) Any person who assumes duty as a designated employee on or after 1 April shall make such disclosure within 30 days after assumption of duty in respect of the previous financial year.

[Regulation 18(4) substituted by section 6(c) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]

 

(5) The head of department or executive authority, as the case may be, shall ensure that the disclosure of interests by designated employees is submitted electronically to the Commission or the relevant authority as may be directed by the Minister in terms of subregulation (3), unless otherwise determined by the Minister.

 

(6) An executive authority shall submit to the Commission a copy of the form submitted to the executive authority in terms of—
(a) subregulation (2) not later than 31 May of the year in question; or
(b) subregulation (4), in so far as it relates to a head of department, not later than 30 days after it has been so submitted.

 

(7) A head of department shall submit to the Commission a copy of the form submitted to the head of department by a member of the SMS in terms of—
(a) subregulation (1) not later than 31 May of the year in question; or
(b) subregulation (4), in so far as it relates to a member of the SMS, excluding a head of department, not later than 30 days after it has been so submitted.