| (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) | [Regulation 21(2)(d) deleted by section 9(a) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023] |
| (3) | An executive authority, in respect of a head of department , and a head of department , in respect of other designated employees, shall— |
| (a) | conduct a risk analysis of the disclosed interests and income of the employee; |
| (b) | in the event that the risk analysis indicates a discrepancy between the disclosed interests and the income of the employee, consult with the employee concerned to obtain an explanation for the discrepancy; |
| (c) | in the event that the explanation referred to in subregulation (3)(b) does not sufficiently address the discrepancy— |
| (i) | investigate whether disciplinary steps must be taken and if so, institute such disciplinary action; and |
| (ii) | if there is a reasonable suspicion of a criminal offence, refer the matter to the relevant law enforcement agencies. |
[Regulation 21(3) inserted by section 9(b) of the Public Service Amendment Regulations, 2023, Notice No. R. 3971, GG49517, dated 20 October 2023 - effective 1 November 2023]
