KWAZULU-NATAL ASSOCIATION OF PUBLIC SECTOR LAWYERS

UMthetho ungaphezu kwakho konke

EVENTS

 

 

 

2010

1. KAPSL Launch and Colloquium: Friday 8 October 2010

 

1ST KWAZULU-NATAL ASSOCIATION OF PUBLIC SECTOR LAWYERS COLLOQUIUM: 8 OCTOBER 2010, ELANGENI HOTEL, DURBAN 

 

THEME OF THE COLLOQUIUM: CONFLICT OF INTEREST IN THE PUBLIC SECTOR: SHOULD PUBLIC SERVANTS AND PUBLIC OFFICE BEARERS BE ALLOWED TO HAVE BUSINESS INTERESTS IN COMPANIES THAT DO BUSINESS WITH THE STATE?

 

In terms of the current legislative prescripts public servants and public office bearers are required to disclose their financial interests. Evidence suggests that many public office bearers and public servants in South Africa have business interests in the form of shares, directorships and partnerships. There is also evidence that some of the companies in which public office bearers and public servants have business interests, are doing business with the State. The most recent 2009 Auditor-General report found that among senior civil servants 21% may have potential conflicts of interest; 10% did not fully disclose their financial interests and compliance was rather tardy at 48%.

 

Without full and proper disclosure the potential for conflicts of interest may, therefore, be even higher than previously thought. However, a correct reading of the prescripts suggests that public office bearers and public servants are not barred from having interests in companies that are doing business with the State, provided they disclose such interests. The question, from a good governance point of view, is whether it is correct that public office bearers and public servants are not barred from having interests in companies that are doing business with the State.

 

In the midst of the public debate on corruption relating to the awarding of public sector contracts and tenders, suggestions have been that the disclosure of financial interests and directorships by public office bearers and public servants do not assist in the prevention and combating of corruption relating to the awarding of public sector contracts and tenders. As part of this debate, it has also been suggested that if government desires to deal decisively with corruption relating to the awarding of public sector contracts and tenders, it must bar public office bearers and public servants from having interests in companies that are doing business with the State. The question then arises whether such a move would pass constitutional muster.

 

Collette Schultz Herzenberg, Senior Researcher, Corruption & Governance Programme, Institute for Security Studies, Cape Town Office, states:

“Serving the public interest is fundamental to public office. Public officials [including public servants] should always make decisions and give advice that benefits the public good, without thinking about their personal gain. Moreover, public duties should be conducted in a fair and impartial manner. When undue influence is leveraged on behalf of a particular set of corporate interests the decisions that ensue do not necessarily represent the public’s best interest or may even be potentially detrimental to the public interest”.

 

It is against the above background that the KwaZulu-Natal Association of Public Sector Lawyers (KAPSL) believes that different role-players in both the public and private sector need to come together to debate the above matter with a view to finding an appropriate solution, not only for the Province of KwaZulu-Natal, but also for South Africa as a whole.

 

The Colloquium aims to bring together decision-makers and other stakeholders in the public and private sector, including labour, the non-governmental organisation sector and community based organisations, to address relevant issues that are critical in the fight against potential corruption relating to conflict of interest in the public sector. The Colloquium will highlight preventative measures and identify challenges for both combating and preventing potential corruption relating to conflict of interest and promoting professional ethics. 

 

COLLOQUIUM OBJECTIVES:

 

The KwaZulu-Natal Association of Public Sector Lawyers (KAPSL) is therefore pleased to host this special occasion which is to be held at the Elangeni Hotel in Durban on Friday 8 October 2010. The Colloquium will be preceded by the formal Launch of the KwaZulu-Natal Association of Public Sector Lawyers. The full programme for both the Launch and Colloquium will be forwarded to you upon receipt of your confirmation to attend.

 

Kindly RSVP on or before 23 September 2010, by calling 082-820-4598 (Tashini Naidoo) or via email bhekimbili@mweb.co.za.

 

 

2011

1. 18th Commonwealth Law Conference: 2011

KAPSL has requested institutional membership of the Commonwealth Association of Public Sector Lawyers (CAPSL).

 

    Commonwealth Association of Public Sector Lawyers

 

A Commonwealth Law Conference is held annually.

 

We must start planning ahead to secure funding and sponsorships to possibly send a KAPSL delegation to the 18th Commonwealth Law Conference to be held next year (2011).

 

We must also position ourselves to host a Commonwealth Law Conference in South Africa sometime in the future.

 

Due to budgetary constraints we will, unfortunately, miss the 17th Commonwealth Law Conference scheduled for 2010.