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 ManagersE. Verification of Information regarding a Registrable Interest and Identification of Conflicts of Interest by the Commission |
| (1) | If a registrable interest of a designated employee disclosed in terms of Chapter 3, Section C of the Public Service Regulations, conflicts or is likely to conflict with the execution of any official duty of that employee, the following process to verify and consult with the employee on the information regarding that interest will be followed by the Commission: |
| (a) | If the Commission is of the opinion that a registrable interest of a designated employee 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 consult with the employee in question. |
| (b) | If, after such verification and consultation, the Commission is of the opinion that there is such conflict or that such conflict is likely to occur, it will inform the Executive Authority in writing of the potential conflict of interest of an employee in his/her employ. |
| (c) | The Executive Authority must notify the designated employee of the identified potential conflict of interest and after consultation with the designated employee in assessing the potential conflict of interest, provide a written response to the Commission within thirty (30) days of receipt of the correspondence of the Commission. |
| (d) | In its response to the Commission the Executive Authority should state: |
| • | what steps were taken; and |
| • | if steps were taken, give a description of those steps or, if no steps were taken, give the reasons therefore. |
| (e) | Depending on the nature and extent of the potential conflict of interest, the Commission may request supporting documentation. This may include but is not limited to the following: |
| • | A job description as provided for in Rule D.1; |
| • | Company registration documentation; and |
| • | Documented proof of approval by Executive Authority or delegated authority to perform work outside of the Public Service (where applicable). |
| (2) | If deemed necessary by the Commission, the written correspondence may be followed up with oral consultation. During this consultation with the Commission, the designated employee will be afforded an opportunity to explain: |
| (a) | whether in his/her opinion the registrable interest could cause a conflict of interest; |
| (b) | what steps and actions he/she has or will take to avoid an actual conflict of interest; and |
| (c) | the reason for the involvement in an interest which may cause a conflict of interest. |
| (3) | When a potential conflict of interest has been identified and the Commission has decided to consult with the relevant designated employee, the consultation will consist of the following role-players: |
| (a) | One (1) member of the Commission; |
| (b) | The designated employee concerned; and |
| (c) | A designated official from the OPSC who will act as secretariat. |
| (d) | Independent external arbitration may be used where conflicts cannot be solved through this procedure. |
| (4) | Within 30 days after the consultation, or where only documentary evidence is used, within 30 days of receipt of such documentation, the Commission will advise the relevant Executive Authority whether or not it is of the opinion that there is a conflict of interest or that a conflict of interest is likely to occur. |
| (5) | The Executive Authority will deal with the matter in terms of Chapter 3, Section G. 3 and 4 of the Public Service Regulations. |