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Public Administration Management Act (Act No. 11 of 2014)

Chapter 6 : Ethics, Integrity and Discipline

15. Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit

 

(1) The Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit is hereby established.

 

(2) The organisational form of the Unit must be determined in terms of applicable legislation.

 

(3) The head of the Unit and all its personnel must be appointed in terms of the Public Service Act.

 

(4) The Unit has the following functions:
(a) To provide technical assistance and support to institutions in all spheres of government regarding the management of ethics, integrity and disciplinary matters relating to misconduct in the public administration;
(b) to develop the norms and standards on integrity, ethics, conduct and discipline in the public administration;
(c) to build capacity within institutions to initiate and institute disciplinary proceedings into misconduct;
(d) to strengthen government oversight of ethics, integrity and discipline, and where necessary, in cases where systemic weaknesses are identified, to intervene;
(e) to promote and enhance good ethics and integrity within the public administration; and
(f) to cooperate with other institutions and organs of state to fulfill its functions under this section.

 

(5)

(a) When an institution discovers an act of corruption, such corruption must immediately be reported to the police for investigation in terms of any applicable law, including the Prevention and Combating of Corrupt Activities Act, 2004 (Act No. 12 of 2004).
(b) Issues of misconduct emanating from criminal investigations must be reported to the Unit and the relevant head of institution for initiation and institution of disciplinary proceedings.

 

(6)

(a) Notwitstanding subsection (5)(b), every institution has the responsibility to ensure that it deals with matters relating to misconduct without undue delay.
(b) The head of the institution must report to the Unit on steps taken in respect of subsection (5)(b).

 

(7) The Unit may perform its functions in subsection (4) in respect of—
(a) a national department or national government component, in consultation with the executive authority of such department or component, or upon the request of the relevant executive authority;
(b) an Office of the Premier, provincial department or provincial government component with the concurrence of the Premier, or upon the request of the relevant Premier; and
(c) a municipality with the concurrence of the Municipal Council or upon the request of the relevant Municipal Council, or upon the request of the relevant Member of the Executive Council in respect of an investigation contemplated in section 106(5) of the Municipal Systems Act, 2000 (Act No. 32 of 2000).

 

(8) The Minister must report to Parliament twice a year on the activities of the Unit.