Hon Chairperson and hon members, we are discussing the Report of the Committee on Private Members' Legislative Proposals and Special Petitions on the Legislative Proposal to Regulate the Business Interests of State Employees, sponsored by the hon I O Davidson of the DA.
The Committee on Private Members' Legislative Proposals and Special Petitions, having considered the legislative proposal to regulate the business interests of state employees in terms of Rule 211 of the Rules of National Assembly, having consulted with the Portfolio Committee on Public Service and Administration, and the Ministry of Public Service and Administration, and having had the presentation by hon Davidson, recommends that permission not be granted to the member to proceed with the legislative proposal.
The committee wishes to make the following observations with regard to its recommendation. Firstly, the legislative proposal of the hon Davidson pre- empts legislation soon to be introduced by the Department of Public Service and Administration. Secondly, the objectives of the legislative proposal are largely similar to the legislation envisaged in the Public Sector Integrity Management Framework published by the Department of Public Service and Administration. Thirdly, the legislation envisaged in the framework will apply to public servants in the national, provincial and local government spheres in relation to the regulation of their business interests when doing business with the state.
Fourthly, the proposed legislation will cover the acceptance of gifts, hospitality and other benefits. It will cover disclosure of financial interests of public servants, and it will amend the financial disclosure form of public servants. It will give conditions for public servants with business interests seeking to conduct business with government. It will place restrictions on public servants doing remunerative work outside the Public Service, and it will regulate post-Public-Service employment.
Fifthly, the proposed legislation will, in addition, provide for the appointment of an Ethics Office to ensure compliance, as well as provide for employment agreements of public servants to include specific key performance areas that will bind and commit employees to complying with the measures.
It is further envisaged that a special unit will be established, which will liaise closely with the Ethics Office to investigate all instances of conflict of interest and to ensure that disciplinary measures are taken when necessary.
Finally, the undertaking of the Minister for the Public Service and Administration that the proposed legislation will be tabled in Parliament before the end of the 2011-12 financial year was specifically noted. The committee resolves that, in its monitoring, the progress made by the department will always be under scrutiny. We move that this report be adopted by the House. Thank you.
There was no debate.