Experts highlight gaps in legislation to clamp down on public servants doing business with the state

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As government looks to crack down on public servants doing business with the state, experts believe new legislation does not address employees, who may not be directors of companies receiving tenders, but nonetheless are the ultimate beneficiaries.

Parliament's Portfolio Committee on Public Service and Administration has been tasked with amendments to the Public Administration Management Act of 2014, to overhaul the public service.

Clause 5 of the bill seeks to make amendments to clarify the definitions of words or expressions of"organ of state", instead of state, and the definition of a director of a company.Three organisations, the Public Affairs Research Institute , Public Service Accountability Monitor, The Ethics Institute & Corruption Watch, believe the section should be strengthened to better safeguard the public administration from corruption.

In April 2020, News24 reported that the Department of Public Service and Administration found 1 539 government employees were conducting business with the state, of which 1 111 were working at provincial and 428 at national departments. The Western Cape Government proposed that the term"ex-officio" includes employees who are nominated to serve on boards of state-owned companies by Cabinet."It is further recommended that all potential consequences of this clause be investigated; intended and unintended and that problematic unintended consequences are addressed," it said.

 

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