KWAZULU-NATAL ASSOCIATION OF PUBLIC SECTOR LAWYERS

UMthetho ungaphezu kwakho konke

EVENTS

 

 

 

2010

1. KAPSL Launch and 1st Colloquium: Friday 8 October 2010

The KwaZulu-Natal Association of Public Sector Lawyers (KAPSL) successfully held its formal Launch and hosted its 1st  Colloquium on Friday, 8 October 2010, at the Elangeni Hotel, Durban.

 

The Theme of the Colloquium, which took place in the afternoon after lunch and which was facilitated by Adv RK Sizani (Honorary Member of KAPSL), was: 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.

 

COLLOQUIUM OBJECTIVES:

 The topics covered at the Colloquium were the following:

1. Interventions by the Province aimed at preventing and combating fraud and corruption relating to the awarding of public sector contracts and tenders: Mr LS Magagula (HoD: Department of Finance, KZN) standing in for Mrs Ina Cronje (MEC: Finance, KZN).

2. Management of conflicts of interest within government from a good governance point of view: Dr Makhosi Khoza (Chairperson: SCOPA, KZN).

3. The risks associated with allowing public servants and public office bearers to have business interests in companies that are doing business with the State: Mr Zwelinzima Vavi (Gen. Secretary: COSATU)

4. The constitutionality of a decision to bar public servants and public office bearers from having private business interests: Prof Karthy Govender (law professor at the University of KwaZulu-Natal and former SA Human Rights Commissioner).

 

The Colloquium -

(a) was covered by the press;

(b) brought together decision-makers and other stakeholders in the public and private sector, including labour, the non-governmental organization sector and community based organizations, to address relevant issues that are critical in the fight against potential corruption relating to conflict of interest in the public sector; and

(c) highlighted preventative measures and identified challenges for both combating and preventing potential corruption relating to conflict of interest and promoting professional ethics. 

 

KAPSL took the the following Resolution pursuant to the Colloquium: KAPSL Resolution No. 1 of 2010.

 

 

The Colloquium was preceded, in the morning, by the formal Launch of the KwaZulu-Natal Association of Public Sector Lawyers (KAPSL). The Programme Director of the Launch was Ms Tashini Naidoo (Secretary of KAPSL).

 

This was the Programme for the Launch:

08h30 – 09h00: Registration

 

09h00 – 09h45: Welcome Address by Chairperson of KAPSL (Mr Sifiso Chili)

 

09h45 – 10h00: Introduction of KAPSL Patron, Honorary Members and Executive Committee Members

 

10h00 – 10h30: Address by KAPSL Patron: Justice Vuka Tshabalala

 

 

10h30 – 11h00: TEA

 

 

11h00 – 11h15: Short DVD Presentation: The Birth of KAPSL: Concretising the concept of a professional association for lawyers in the public sector

 

11h15 – 11h45: Messages of support from Sponsors and Representatives from different organisations

 

11h45 – 12h00: Declaration by Chairperson of the official Launch of KAPSL and Toast to KAPSL

 

 

12h00 – 13h30: Mingling, Networking and LUNCH

 

For a report of the KAPSL Launch and Colloquium in De Rebus, go here: http://www.myvirtualpaper.com/doc/derebus/de_rebus_december_2010/2010112401/13.html

If you would like your own copy of the KAPSL Promotional DVD at a nominal fee, please contact our Secretary. A DVD set of the full proceedings of the Launch and the Colloquim is also available.

 

 

2011

1. Launch of KAPSL Community Legal Advice Centre (Law Clinic) in Uganda informal settlement, Umlazi (Ward 89): Saturday 5 March 2011

KAPSL successfully launched its first Law Clinic in Uganda informal settlement, Umlazi (Ward 89), on Saturday 5 March 2011.

 

The mandate of KAPSL as contained in its business plan includes providing basic legal and other assistance to previously disadvantaged individuals and communities. KAPSL intends, as part of rendering the abovementioned assistance, to set up community legal advice centres (law clinics) in certain parts of the province of KwaZulu-Natal. The envisaged legal advice centres would not deal only with legal problems affecting members of the community, but will also assist members of the community to unblock the blockages which normally stand between them and the social services that government has to offer. Put differently, through these centres, KAPSL also intends to accelerate access by members of underprivileged communities to government’s socio-economic opportunities. The nature and context of this initiative makes

it critical for both government and KAPSL to become social partners for the success of this project. KAPSL identified Uganda informal settlement in Umlazi as the ideal place to launch the first KAPSL Community Legal Advice Centre. The decision to choose the abovementioned area is informed by the fact that Adv Bheki Mbili (KAPSL EXCO Member) grew up in this area and continues to have strong links with members of its community. He will also be able to provide the necessary support to the centre in order for the objectives which informed its establishment to be realized. Needless to say, the centre will also provide opportunities for our own Adv Mbili together with the broader KAPSL cadre to do social responsibility work for the underprivileged. On 5 March 2011, the KwaZulu-Natal Association of Public Sector Lawyers (KAPSL) launched its first community legal advice centre in Uganda Informal Settlement in Umlazi.

 

As mentioned above, the law clinic seeks to assist persons from underprivileged communities with the following:

• Basic legal advice;

• Accelerating access to social services offered by governments (social grants, IDs, birth certificates,

etc.);

• Cross-cutting complaints relating to all spheres of government.

KAPSL has adopted a developmental approach to the functioning of the law clinic. The focus of the law clinic will not be limited to accelerating access to social services, but it will also include assisting members of the community to access empowerment opportunities offered by government. The developmental focus will assist in creating a culture of self belief amongst members of the community. We will also be able to, incrementally, root out the culture of dependency from members of the community.

It is for this reason that we have roped in 12 volunteers from the community to be part and parcel of the functioning of the KAPSL law clinic. This would result in the community taking ownership of the clinic. KAPSL’s EXCO Member (Adv Bheki Mbili) is the Convener of Law Clinic Implementation Team which meets every second Saturday to entertain all sorts of issues that members of the community bring to the clinic. The volunteers have been tasked with the responsibility to mobilize members of the community of Uganda and surrounding areas to take full advantage of presence of the clinic in the area. The mobilization of members of the community is done in conjunction with existing community structures.

 

Functioning of the Clinic

Members of the Community who require KAPSL services are expected to visit the clinic and register their matters. KAPSL volunteers, under the leadership of the Convener, will record the issue and give same to the convener for processing. Depending on the nature of the complaint, KAPSL will take up the issue raised by a member of the community and will give constant feedback to the complainant until the matter is resolved. Matters which relate to government departments will be easier to resolve as KAPSL is made up of public sector lawyers from various government departments. For example, a matter which relates to Social Development will be given to a KAPSL member from that department to deal with. The enthusiasm and excitement of the Uganda community about this initiative is difficult to explain in words. KAPSL is optimistic that its law clinics will be of assistance to under-privileged communities, both from a social welfare and developmental perspective.

 

 

The Speech (in isiZulu) by the Chairperson of KAPSL (Mr Sifiso Chili) given at the Launch of of the Law Clinic may be downloaded here.

 

 

2. 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 in 2011.

 

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