The Eastern Cape provincial government is going after public servants who scored millions of rands in tenders from state departments and entities in contravention of the Public Administration Management Act.
According to the province’s education department’s chief directorate responsible for supply chain management, it has been established that there are still employees who are linked to service providers, being directors or members of service providers while public service regulations state clearly that employees transacting with the state commit acts of misconduct.
The department warned that the act states that if an employee contravenes the act it is an offence and the official is liable to a fine or imprisonment for a period of five years or both.
”Such fine and imprisonment constitutes serious misconduct which may result in the termination of employment by the employer. You are hereby again reminded to comply with the attached act as to prevent to be on the wrong side of the law,” the department cautioned last month.
The act, which was promulgated in 2014, strengthens the prohibition of government employees against transacting with the state or from being directors or members of a public or private company conducting a business with the state.
Earlier this year, Eastern Cape director-general Mbulelo Sogoni issued a stern warning that premier Oscar Mabuyane’s office’s provincial integrity management unit will be facilitating criminal investigations of officials who have traded with the state identified via the central supplier database and by Auditor-General Tsakani Maluleke in contravention of the act.
Sogoni informed heads of departments about the investigation of offences relating to officials doing business with the state as per provisions of the act.
”The provincial report on the management of conflict of interest based on officials who were doing business with the state between 2019/20 and 2023/24 financial years reveals more than 50 officials in various departments conducted business with government totalling R28 029 656.29,” he revealed.
Sogoni said even though consequence management reports have been requested from departments for breach of legislation, almost no department has effectively reported on internal action and criminal prosecution taken against affected officials including supply chain management officials for raising orders with companies on the central supplier database except for personal protective equipment (PPE) related incidents.
He also complained that although the act became applicable from April 2019 but a few departments have instituted criminal charges against officials who have benefited from trading with government as derived from the central supplier database and that most criminal investigations conducted emanated from Covid-19 irregular procurement of PPE which have mainly been investigated by the Special Investigating Unit.
The Department of Public Service and Administration requires government employees to exercise the highest ethical standards and adhere to the code of conduct contained in the Public Service Regulations.
State employees are also prohibited from registering on the National Treasury’s central supplier database as an individual, owner of a company or director of a public or private company unless such employee is in an official capacity a director of a company listed in the Public Finance Management Act.
Sunday Independent