Opening and Welcome Address by Mr Ben Mthembu , Chairperson of the Public Service Commission during a Roundtable Discussion on the Management and Receipt of gifts in the Public Service

Honourable Mtholephi Mthimkhulu: Deputy Speaker of the Kwazulu-Natal Provincial Legislature
Deputy Chairperson of the Public Service Commission, Ms Phelele Tengeni
Commissioners of the Public Service Commission
Director-General of the Office of the Public Service Commission, Professor Richard Levin
Director-General of the Department of Public Service and Administration, Mr Mashwahle Diphofa
Inkosi Mpiyezintombi Boy Mzimela
Distinguish guests
Ladies and gentlemen
All protocols observed

I wish to welcome everyone here today to this roundtable on the management and receipt of gifts in the Public Service. I sincerely hope that this roundtable discussion will provide us with an opportunity to generally note the challenges surrounding the management and receipt of gifts in the Public Service, and propose solutions that will allow everyone to have a clear and common understanding in this regard.

A gift or a present is the transfer of something without the expectation of payment. In other words a gift is meant to be free. In many societies the act of mutually exchanging money, goods etc. may contribute to social cohesion. By extension, the term gift can refer to anything that makes the other happier or less sad, especially as a favour, including forgiveness and kindness.

When material objects are given as a gift, in many cultures they are traditionally packaged in some manner. For example, in western culture, gifts are often wrapped in wrapping paper and accompanied by a gift note which may note the occasion, the recipient’s name, and the giver’s name. In Chinese culture, red wrapping connotes luck. Some occasions in which gifts are given include:

• Expression of piety, in the form of charity
• To share wealth
• Offering souveniers
• Birthdays – Father’s Day – Mother’s Day
• Passing an examination
• Retirement gifts, and
• Gifts as an appreciation for any form of achievement

In some contexts gift-giving can be construed as bribery. This tends to occur in situations where the gift is given with an implicit agreement between the giver of the gift and its receiver that some service will be rendered – often outside of normal legitimate methods. This is what we want to avoid in our Public Service to ensure integrity and ethically-driven Public Service.

The issue of gifts in South Africa is an emotive issue because South Africa is a country characterised by diverse communities with diverse cultures. Because of such diversity, the acceptance and non-acceptance of gifts is not always a straight forward matter. In this regard, ladies and gentlemen it needs to be mentioned that while, the Code of Conduct for the Public Service places a prohibition on the acceptance of gifts in the Public Service, public servants are constantly being showered with gifts, sometimes even without the public servant having the opportunity of refusal. Notwithstanding, the point that stands out very clearly is that the receipt of gifts by public servants tends to weaken the citizens’ trust in the Public Service, as well as run the risk of destroying the fibre of integrity. A compounding factor is that there appears to be contradictions, inconsistencies and ambiguities with regard to the current regulatory provisions on the acceptance of gifts in the Public Service.

In order to address the issues surrounding the management of gifts in the Public Service effectively, the Public Service Commission (PSC) conducted a survey amongst public servants at randomly selected national and provincial departments. In this regard the PSC, in 2008 produced a report on the Management of Gifts in the Public Service.

The Report shows that 65% of the departments visited did not have a gift policies and gift registers. On analysing the gift register and gift policies (from those that did have gift policies and gift registers) it was found that although most policies cater for the same situations, the policies vary in both comprehensiveness and in content. It was also found that the current legal framework is clearly in need of amendment. Surely, there is a need for uniform application of the policy framework in the Public Service. It cannot be acceptable where the application of the existing policy framework differs from one department to another. Other departments are ahead of other and there is no sense of urgency to develop and implement the same policies in other departments. Practically, departments cannot be allowed to choose as and when they can apply an existing policy framework.
 
One recommendation which the PSC made in the report is that consideration should be given to strengthening the current legal regime to such an extent that the unauthorised offering and accepting of gifts, benefits or any other form of gratification be prohibited with a concomitant criminal sanction. The PSC also recommends in the report that the criminal prohibition should not only be in respect of persons or entities who contract with government, but must be wide enough to include any person who ‘deals’ with government. It is the PSC’s view that effective management and receipt of gifts in the Public Service is likely to add the much needed value in identifying potential conflict of interests and strengthen the fight against corruption in the Public Service.

In the report, the PSC further indicates that exceptions based on traditional or cultural considerations are difficult to define, very difficult to police and virtually impossible to prove or disprove. Such exceptions may create further confusion, lead to unequal treatment before the law and may even create opportunities for unscrupulous public servants and others to offer and accept gifts with impunity. However, it is acknowledged that most traditional or cultural gifts are not translatable into monetary value as they are regarded as symbolic. Therefore, the PSC recommended that should a public servant receive a gift based on a cultural tradition, it should be treated and managed in a culturally sensitive manner without compromising the standards of accountability and transparency.

Management and receipt of gifts of a cultural nature seem to pose a serious challenge in the Public Service and it is therefore difficult to manage. There seems to be competing views on this matter and none of them seems to be better than the other. In other words, they might be regarded as equally important. There are people who are willing to receive such gifts and those that are not. In some cultures, refusal to accept such a gift might appear to undermine the gesture of the community. As a result of lack of clear policy framework in this regard, the PSC is of the view that a roundtable discussion of this nature will assist in the generation of a possible long lasting solution. The PSC hopes to use the information generated out of this roundtable discussion to inform its position that is likely to influence possible policy changes in the current policy framework. Surely, successful and effective management of gifts has potential to contribute towards the fight against corruption in the Public Service. The PSC as a custodian of good governance is well positioned to influence policies that will promote effective public service administration. One such policy that requires the attention of the PSC is the effective management and receipt of gifts in the Public Service.

In conclusion, it needs to be understood that the Public Service is continuously under scrutiny by the public and the media. Such scrutiny is necessary, as public servants are the agents through which the various mandates of government are executed, and in performing their duties are entrusted with public resources, and as such, their actions must never be suspicious. The reality, however, is that public servants are human beings with weaknesses that may be exploited. One measure through which they may be exploited is by accepting gifts, either in a personal capacity or for services rendered. This should be avoided at all costs. Therefore, it is necessary for us to have roundtables such as this one which will help us to come up with proposals on how to effectively deal with the management and receipt of gifts in the Public Service. I wish you an exciting and fruitful roundtable discussion.

THANK YOU VERY MUCH AND GOOD LUCK WITH THE DELIBERATIONS

The Public Service Act, 1994 (as amended) will go a long way in eliminating the current apparent ambiguities and inconsistencies, levelling the proverbial ‘playing field’, as well as adding real value to the national anti-corruption strategies.