Public Service Commission Act, 1997 (Act No. 46 of 1997)

Rules of the Public Service Commission: Managing Conflicts of Interest identified through the Financial Disclosure Framework for Senior Managers

A. Definitions

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In these rules, unless the context indicates otherwise—

 

"Commission"

means the Public Service Commission established by Section 196(1) of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);

 

"Conflict of interest"

means any financial or other private interest or undertaking that could directly or indirectly compromise the performance of a public servant's duties, or the reputation of a public servant's department in its relationship with its stakeholders;

 

"Designated employee"

means a member of the Senior Management Service as defined in the Public Service Regulations, Chapter 3.A;

 

"Executive Authority"

means an authority as defined in Subsection 1(1) of the Public Service Act, 1994 (Act No. 103 of 1994);

 

"Public Service Regulation"

means the Regulations issued in terms of Section 41 of the Public Service Act, 1994 (Act No.103 of 1994);

 

"Registrable interest"

means the financial interests listed in Chapter 3, Section D of the Public Service Regulations.

 

A "perceived conflict of interest" is where a public official is in a position that appears to be influenced by his/her private interests when doing his/her job.

 

A "potential conflict of interest" is where a public official is in a position where he/she may be influenced in the future by his/her private interests when doing his/her job.

 

An "actual conflict of interest" is where a public official is in a position to be influenced by his/her private interests when doing his/her job.