Chairperson, we
have noted with concern the extremely troubling events surrounding
the murder of the 19year old University of Cape Town student and whilst the alleged perpetrator is not employed within public administration. We are alerted to the possibility of such incidence recurring within the public administration itself.
The information currently being recorded within the public service doesn't extend to capturing of the numbers of employees with criminal records or the details thereof including the nature of convictions. We are therefore unable at this time to provide the details requested. Firstly, let me say, there is a provision for the Z83 application form used by people when they are applying for employment in the public administration to declare on this matter. But in terms of tracing and tracking, we want to say the following. We are mindful of the constitutional provisions which may not permits an outright prohibition on the employment of persons with a criminal record. However, in an effort to ensure the suitable placement of employees with criminal records as well as to ensure the safety and wellbeing of other employees in the public in general, it may be necessary for information relating to criminal records of employees to be maintained.
The Public Administration Ethics Integrity and Disciplinary Technical Assistance Unit established in terms of Public Service
Administration Act, supports a number of initiatives to address this. It may be necessary that we look at this matter in terms of legislation. But I must say that at the moment we haven't started with that initiative. But we have discussed it, to say, there may be a specific need to close this gap, that if somebody has a criminal record, be it murder or what, it should not be the practice that is in favour of that person in terms of their willingness to rehabilitate. It must go further to say a record is a record. Therefore, it excludes you from enjoying certain rights that are enjoyed by citizens who have made a better effort in terms of remaining free of criminal records. It cannot be comparable. Theoretical, we accept that. But in terms of what we have to do, we have to move on that.
To complete the response, among these initiatives, the Department Of Public Service and Administration will together with the assistance of other relevant departments seek to create a database of employees who have criminal records. It is envisaged that the database will as far as possible contain details on the nature of the offence and any other relevant detail. In addition to this, we will ensure that employees who contravene Public Service Management Act conducting business with the state are immediately dealt with. These matters will be referred to the relevant law enforcement. There are
initiatives that we are taking on criminality of people in the public service. It is not a free for all. Thank you.
IsiXhosa: