South African Police Service Act, 1995 (Act No. 68 of 1995)RegulationsSouth African Police Service Employment Regulations, 2018Chapter 2 : Conduct, Ethics and Anti-CorruptionPart 2 : Financial disclosure16. Conflict of interest |
| (1) | In so far as conflict of interest relates to members of the SMS: |
| (a) | The Public Service Commission shall verify the interests disclosed. |
| (b) | If the Public Service Commission is of the opinion that an interest of a designated employee disclosed in terms of regulation 13 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 Minister. |
| (c) | Upon the referral, the Minister 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 Minister shall instruct the National Commissioner to take disciplinary action against the employee. |
| (e) | The Minister shall, within 30 days after such referral, report to the Public Service 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 National Commissioner shall verify the interests disclosed. |
| (b) | If the National Commissioner is of the opinion that an interest of such designated employee disclosed in terms of regulation 13 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 National Commissioner shall take disciplinary action against the employee. |
| (d) | The National Commissioner shall no later than 31 August of each year report to the Minister on— |
| (i) | the number of cases identified in terms of subregulation (2)(b); |
| (ii) | whether steps were taken, a description of those steps; and |
| (iii) | reasons where no steps have been taken. |