- Is amended by Agriculture and Fisheries (Incentives) (Repeal) Act, 2014
- Is amended by Public Officers' Ethics (Amendment) Act, 2016
- Is amended by Public Officers' Ethics (Amendment) Act, 2021
Public Officers’ Ethics Act, 2008
Act 14 of 2008
- Commenced on 11 August 2008
- [This is the version of this document as it was at 31 December 2015 to 29 December 2016.]
- [Amended by Agriculture and Fisheries (Incentives) (Repeal) Act, 2014 (Act 22 of 2014) on 1 January 2015]
Part I – Preliminary
1. Short titleThis Act may be cited as the Public Officers’ Ethics Act, 2008.
2. InterpretationIn this Act—"assets and liabilities" includes moveable, immovable, corporeal and incorporeal property;"Commission" means the Public Officers’ Ethics Commission established under section 20 of this Act;"member" means a member of the Commission and includes the Chairperson;"Public corporation" means a statutory corporation or a limited liability company which is directly or ultimately under the control of the Government or any other body which is carrying out a government function or service;"public officer" means an officer, employee or member, including an unpaid, part-time or temporary officer, employee or member, of any of the following—(a)the Government of any department, service or undertaking of the Government;(b)the judiciary;(c)the National Assembly;(d)any corporation, council, board, commission or other body which has power to act under and for the purposes of any written law relating to governmental functions, or otherwise to administer funds belonging to or granted by the Government or money raised by rates, taxes or changes in pursuance of any such law;(e)any other body prescribed by regulation for the purposes of this paragraph;
Part II – General Code of Conduct and Ethics for public officers
3. General Code of Conduct and EthicsThis part sets out a general Code of Conduct and Ethics for public officers.
4. Performance of dutiesA public officer shall, to the best of his ability, carry out his duties and ensure that the services that he provides are provided efficiently and honestly.
5. ProfessionalismA public officer shall—
6. Rule of lawA public officer shall carry out his duties in accordance with the law and give due recognition to the fundamental rights, freedoms and duties specified in Chapter III of the Constitution.
7. No improper enrichmentA public officer shall not use his office to improperly enrich himself or others.
8. Conflict of interest
9. Acting for foreigners
10. Care of property
11. Political neutralityA public officer shall not be influenced by partisan political considerations in the discharge of his official duties.
12. FavouritismA public officer shall not practice favouritism.
13. Giving of adviceA public officer who has a duty to give advice shall give honest and impartial advice without fear or favour
14. Misleading the public, etcA public officer shall not knowingly give false or misleading information to members of the public or to any public officer.
15. Conduct of private affairs
16. Sexual harassmentA public officer shall not sexually harass a fellow public officer or a member of the public.
17. Selection etc. of public officersA public officer shall practice and promote the principle that public officers should be selected on the basis of integrity, competence and suitability.
18. Submission of declarations or clarificationsA public officer shall submit any declaration or clarification required under Part IV to be submitted or made by him.
19. Acting through othersA public officer contravenes the Code of Conduct and Ethics if—
Part III – Establishment and functions of Public Officers' Ethics Commission
20. Establishment of Commission
21. Investigation by the Commission
22. Disciplinary action
23. Referral for possible civil or criminal proceedingsIf, as a result of an investigation under this Part, the Commission is of the view that civil or criminal proceedings ought to be considered, the Commission shall refer the matter to the Attorney-General or any other appropriate authority.
24. ExceptionsThis Part does not apply with respect to a person who holds an office for which the Constitution provides a procedure for removal for misbehaviour.
25. Administrative proceduresThe Commission shall establish their own procedures for the administration of this Act.
Part IV – Declaration of income, assets and liabilities
26. Application of this PartThe provisions of this Part shall apply to every person belonging to any one of the following categories or descriptions of persons—
27. Duty to make declaration of income, assets and liabilities
28. Power to call for salary particulars and incomeThe Chairperson shall have the power to call for the salary particulars and other means of income of a public officer from any person or relevant authority for the purposes of carrying out his functions under this Part.
30. Information to be correctA person submitting a declaration or providing a clarification shall ensure that the declaration or clarification is correct, to the best of his knowledge.
31. Power to call for declarations of income, assets and liabilitiesThe Attorney-General and the Ombudsman shall, for the performance of their functions, have the right to call for and refer to any declaration of income, assets and liabilities.
32. Procedure upon written communication
33. Preservation of secrecy
34. Offences and penalties
Part V – General
35. Protection of action taken in good faithNo suit or other legal proceeding shall lie against the Commission or any member or any person acting under the direction of the Commission in respect of anything which is done or purported to be done in good faith in pursuance of this Act.
36. RegulationsThe President may make regulations for carrying out the provisions or giving effect to the principles of this Act.
37. This Act to prevail over other lawsWhere the provisions of this Act are in conflict or inconsistent with any other law, the provisions of this Act shall prevail.
History of this document
20 April 2021 amendment not yet applied
30 December 2016 amendment not yet applied
31 December 2015 this version
01 January 2015
11 August 2008
|Public Officers’ Ethics Regulations, 2008
|Act 79 of 2008