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 ManagersC. Managing conflicts of interest within a department |
| (1) | The primary responsibility for managing conflicts of interest through scrutiny of the contents of financial disclosure forms is that of Executive Authorities. An Executive Authority may designate a person to execute the functions associated with the effective implementation of the provisions of the Financial Disclosure Regulations. The functions may include the following: |
| (a) | Establish an internal process to advise the Executive Authority on potential, perceived or actual conflicts of interests of designated employees. |
| (b) | Through the established process, identify perceived, potential and actual conflicts of interest of designated employees. |
| (c) | Where an activity is identified as having the potential for conflict of interest, discuss the relevant concerns with the designated employee to determine whether the potential conflict of interest can be managed or whether it is an actual conflict of interest that requires immediate intervention. |
| (d) | Where a designated employee's activities in relation to the potential conflict of interest is seen to serve the interest of the Department and it can be managed in a manner that would withstand the test of reasonable and independent scrutiny, advise the Executive Authority and obtain his/her approval to implement a suitable method of monitoring and managing the conflict before the designated employee is free to proceed with the activity. |
| (e) | Provide the designated employee with the terms and conditions under which an activity associated with the potential conflict of interest will be conducted and managed, after obtaining the Executive Authority's approval for such terms and conditions. |
| (f) | In cases where an activity is assessed as having the potential for conflict of interest and the continued performance of the activity by the designated employee involved does not serve the interest of the department or cannot be appropriately managed and therefore will not withstand the test of reasonable and independent scrutiny, or is an actual conflict of interest, inform the Executive Authority and obtain his or her approval not to allow the designated employee to proceed with the activity. |
| (g) | Inform the employee performing an activity that constitutes a conflict of interest to stop performing the activity, reassign duties attached to the potential or actual conflict of interest. |
| (h) | Document all related matters and maintain records sufficient to address any audit queries or allegations of conflicts of interest that might arise. |
| (i) | Keep the Commission informed through six monthly reports, at the end of September and at the end of March of each year, of all instances where potential conflicts of interest of designated employees in his/her department have been identified and how this has been managed. |
| (j) | To be effective, the general declaration of interests should not only be updated annually, but also when changes occur. |