KwaZulu-Natal Association of Public Sector Lawyers

1^ST 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.

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.

Public Sector Lawyers in KZN adopt Constitution of KwaZulu-Natal Association of Public Sector Lawyers

On 3 June 2008, in Pietermaritzburg, a group of Public Sector Lawyers adopted the Constitution of the KwaZulu-Natal Association of Public Sector Lawyers.

For the first time, since the establishment of the new democratic order in South Africa, lawyers attached to, and serving the executive and legislative branches of government in the Province of KwaZulu-Natal, have felt the need to voluntarily organise themselves into an association which attempts to set high standards for the provision of legal support services in the public sector in accordance with a strict and laudable Code of Ethics which is justiciable for purposes of disciplinary action against members of the Association.

Two KAPSL members (Ms Tashini Naidoo, our Secretary and Mr Mark Serfontein, our Treasurer) are off to New Delhi, India to attend the 25th International Training Programme in Legislative Drafting from 12 January - 12 February 2010 organised and offered by the Indian Bureau of Parliamentary Studies and Training.

We offer Tashini and Mark our congratulations, wish them well and know that they will be good ambassadors for South Africa, KwaZulu-Natal and KAPSL!

All KAPSL members are hereby notified that a KAPSL Plenary Council Meeting is scheduled for Friday 3 April 2009 at Ezemvelo KZN Wildlife, Queen Elizabeth Park, Pietermaritzburg. The KAPSL Meeting will take place directly after the KZN Public Sector Lawyers' Forum Meeting.

Important matters to be considered are, amongst others, the designation of our Patron and Honourary Members.

All members are encouraged to attend and to participate meaningfully. Remember that your views and input are vital!

KAPSL successfully held its 1st AGM on 28 November 2008 at the Old Prison Café in Pietermaritzburg where its first Executive Committee was elected.

CHAIRPERSON

Mr Sifiso Chili

DEPUTY CHAIRPERSON

Adv Cathy Dalby

SECRETARY

Ms Tashini Naidoo

TREASURER

Mr Mark Serfontein

ORDINARY EXECUTIVE COMMITTEE MEMBERS

Adv Bheki Mbili

Mr Richard Stuurman

Adv Tumi Tlhale

Adv Jacques Wolmarans

The newly elected Executive Committee was charged with the responsibility of investigating various matters and to report back to the Plenary Council early in 2009.

Establishment of new KwaZulu-Natal Association of Public Sector Lawyers welcomed by Judge President

The honourable Judge President of the Natal Provincial Division, Justice Vuka Tshabalala on 4 July 2008, delivered a Keynote Address at the Inter-provincial State Law Advisors' Forum meeting hosted by the Office of the Premier at the Elangeni Hotel in Durban.

In his Keynote Address, the honourable Judge President welcomed the establishment of the new KwaZulu-Natal Association of Public Sector Lawyers. The full text of the Keynote Address may be accessed here.