PUB1601
EXAM SOLUTIONS PACK
,economically active population – population that is working / gainfully employed in both
the public sector and the private sector. Example : persons working for themselves, someone
else or the government who earns an income.
public service- - persons that are employed in government departments / administrations.
Example : department of health, education, police, water & sanitation etc.
parastatal institutions/public entities- government owned institutions BUT operate as
private companies - e.g Eskom, SAA, Transnet..
local authorities -- the government at local level , which is our Municipalities. Example: a
municipal employee.
departments - the various units at National, Provincial and Local level that provide services
to society. Example: at National level Department of Health; at provincial level department of
education and at local level department of water and sanitation.
provincial administration - these are administrations within the respective Provinces that
are involved in service provision.
public officials - any person who is appointed or elected to serve at state institutions
public servants - employees involved in the administration of public services.
municipal officials - employees of a municipality
parastatal personnel - employees of institutions that are government owned but operate as
business entities.
population group- the citizens / residents of a country. Can be made up of various race
groups. Example: Asian, European, Chinese, Indian,
right sizing – the process of making the public sector more efficient, effective, economical
by dismantling unutilised / vacant posts within government institutions.
affirmative action - the process implemented to make the public sector more representative
of the population.
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QUESTION 1
1.1. Does my own value system allow it?
The first question you may have asked yourself, is: “Does my own value system
allow it?” How did you feel about the matter? On what basis would you make a quick
decision on it? De Beer (1989:183) suggests that an ethically aware subject, in other
words, an official who wants to make the right choice, will choose in favour of radical
unselfishness. How does this help you as an official? As an official you will have to
make sure that you will not benefit in the process at the expense of your employer or
even of society. In other words, will your choice contribute to or detract from the
“good life” for society? If you have any doubts, the right choice would be to decline
the offer. You may have debated the matter in your own mind. You are convinced
that you will not be profiting at the expense of your employer or society by doing the
private work. You may have argued that everyone benefit from the fact that the
department that is your employer is also the client of the private contractor. Your
involvement in the project may ensure that your department will receive a better
service, which may in turn benefit society. Do you agree? Would Officials have used
the same argument? If not, you should think of the reasons why public officials may
make different decisions. The question, “Does my own value system allow it?” is
equally applicable to any other scenario. An example that comes to mind is that of
the policeman who, several years ago, had to arrest someone for an act that he
himself did not regard as a crime. The Truth and Reconciliation Commission heard
many such excuses. UNISA (2017:145).
1.2. Do the codes of conduct allow it?
You now have to look at the other side. You are no longer the official who has been
offered private work. You are now the final author of the Code of Conduct for Public
Servants. Your task is to draw up guidelines that may be followed when a public
official is unsure whether a paid private job is permissible. Before we consider your
formulation, we look briefly at what a code of conduct is and what it is supposed to
say. UNISA (2017: 145-146).
What is a code of conduct? In this specific case a code of conduct is an aid for
public officials to make the right (proper) choice. It is generally accepted that a code
of conduct is: A declaration of acceptable behavioural norms (Cutchin 1981:21).
Based on specific principles (Hanekom, Rowland & Bain 1986:152). A set of
practical prescribed rules (Dreyer 1970:63). In the case of South Africa, a code of
conduct for public servants in the national and the provincial spheres of government
was published as part of the Public Service Regulations of 2001. UNISA (2017:146).
What is a code of conduct supposed to say?
Among other things, the code of conduct for South African public servants deals with
(South Africa 2003:83) the following:
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An employee’s relationship with the public;
An employee’s relationship with other employees;
The required performance of duties;
And personal conduct and private interests.
Would you agree that a code of conduct should contain practical norms to make it
easier for officials to act in accordance with the values of public administration? What
is a code of conduct supposed to say about private work for pay by public officials?
Compare the paragraph that you have drafted with the following extract from the
Code of Conduct for Public Servants published by the Office of the Public Service
Commission in 1997:
“An employee − does not, without approval, undertake remunerative work outside his
or her official duties or use office equipment for such work.”
What is the implication of this formulation? It seems that when a public official
decides, on the basis of his or her own value system, to consider such an offer, he or
she is not allowed to simply carry on and do such work. Official permission must first
be obtained. The code of conduct, therefore, does not provide a guideline for the
public official to decide for himself or herself. The final decision is made by his or her
employer. Think about the following questions:
Why do you think is official approval necessary?
Is it possible that the involvement of the architect may have given the
construction company some advantage over other companies competing for
the same contract?
Can the employer be disadvantaged in some way or another or embarrassed
by the involvement of one of its staff members in a private company providing
a service to the department?
Is there any danger of a conflict of interest?
Can society be disadvantaged?
What other formulations are possible for this particular part of the code in
order to provide officials with guidance on permissible behaviour? UNISA
(2017:146).
1.3. Do the prescribed procedures allow it?
A code of conduct is only one guideline for public officials having to make a choice.
There are also many other guidelines. One such guideline is the prescribed
procedures.
You probably realised very soon that there are many rules of procedure within your
work situation. The following are some examples of prescribed procedures:
Procedures for appointments;
Procedures for personnel evaluation; tender procedures;
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