Joburg Water'S Code of Conduct For Staff

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JOBURG WATER’S CODE OF

CONDUCT FOR STAFF


PRESENTATION TO JOBURG WATER, DATE, VENUE
NOTE FOR DISCUSSION WITH CLIENT

• For ease of reading/presentation, sentences in the presentation have been bulleted. These have
been reflected in italics to reflect that the bullets are not from the text of the code of conduct
but merely to emphasise the key points in the text to participants
PURPOSE

Create awareness around Johannesburg


Water’s Code of Conduct for Staff as per
the provisions of Annexure Two of the
Municipal Systems Act 2000.
BACKGROUND
• Johannesburg Water (Pty) Limited is legally and morally obliged to
comply with provisions of legislation and subscribes to good
governance practices at all times.
• Local Government Municipal Systems Act 32 of 2000, section 93L
provides that:
• the Code of Conduct for Councillors applies, with the necessary
amendments to Directors of Municipal Entities
• The Code of Conduct for Municipal Staff Members with the necessary
amendments applies to employees
OVERVIEW OF THE CODE OF CONDUCT FOR
1. Definitions
STAFF
2. General Conduct

3. Commitment to serving the public interest

4. Personal Gain

5. Disclosure of Benefits

6. Unauthorised disclosure of information

7. Undue influence

8. Rewards, gifts and favours

9. Council Property

10. Payment of Arrears

11. Participation in elections

12. Sexual harassment

13. Reporting duty of staff member

14. Breaches of code

15. Disciplinary steps


1. DEFINITIONS
• In this Schedule ‘partner’ means a person who permanently lives
with another person in a manner as if married.
2. GENERAL CONDUCT
2. A staff member of a municipality must at all times—
a) loyally execute the lawful policies of the municipal council;
b) perform the functions of office in good faith, diligently, honestly and in a
transparent manner;
c) act in such a way that the spirit, purport and objects of section 50 are
promoted;
d) act in the best interest of the municipality and in such a way that the
credibility and integrity of the municipality are not compromised; and
e) act impartially and treat all people, including other staff members,
equally without favour or prejudice.
3. COMMITMENT TO SERVING THE PUBLIC
INTEREST
3. A staff member of a municipality is a public servant in a developmental local system, and must accordingly—

a)implement the provisions of section 50 (2);

b)foster a culture of commitment to serving the public and a collective sense of responsibility for performance in
terms of standards and targets;
c)promote and seek to implement the basic values and principles of public administration described in section
195 (1) of the Constitution;
d)obtain copies of or information about the municipality’s integrated development plan, and as far as possible
within the ambit of the staff member’s job description, seek to implement the objectives set out in the
integrated development plan, and achieve the performance targets set out for each performance indicator;
e)participate in the overall performance management system for the municipality, as well as the staff member’s
individual performance appraisal and reward system, if such exists, in order to maximise the ability of the
municipality as a whole to achieve its objectives and improve the quality of life of its residents.
4 PERSONAL GAIN
a) A staff member of a municipality may not—
a) use the position or privileges of a staff member, or confidential information obtained as a staff
member, for private gain or to improperly benefit another person; or
b) take a decision on behalf of the municipality concerning a matter in which that staff member, or that
staff member’s spouse, partner or business associate, has a direct or indirect personal or private
business interest.
b) Except with the prior consent of the council of a municipality a staff member of the municipality
may not—
a) be a party to a contract for—
i. the provision of goods or services to the municipality; or
ii. the performance of any work for the municipality otherwise than as a staff member;
b) obtain a financial interest in any business of the municipality; or
c) be engaged in any business, trade or profession other than the work of the municipality.
5 DISCLOSURE OF BENEFITS
1. A staff member of a municipality who, or
• whose spouse, partner, business associate or family member,
• acquired or stands to acquire any direct benefit from a contract concluded
with the municipality,
• must disclose in writing full particulars of the benefit to the council.
2. This term does not apply to a benefit which a staff member, or
• a spouse, partner, business associate or close family member,
1. has or acquires in common with all other residents of the municipality.
6. UNAUTHORISED DISCLOSURE OF
INFORMATION
1. A staff member of a municipality may not without permission disclose any
privileged or confidential information obtained as a staff member of the
municipality to an unauthorised person.
2. For the purpose of this item “privileged or confidential information”
includes any information—
a) determined by the municipal council or any structure or functionary of
the municipality to be privileged or confidential;
b) discussed in closed session by the council or a committee of the council;
c) disclosure of which would violate a person’s right to privacy; or
d) declared to be privileged, confidential or secret in terms of any law.
3. This item does not derogate from a person’s right of access to information
in terms of national legislation.
7 UNDUE INFLUENCE
1. A staff member of a municipality may not—
a) unduly influence or attempt to influence the council of the municipality,
or a structure or functionary of the council, or a councillor, with a view to
obtaining any appointment, promotion, privilege, advantage or benefit,
or for a family member, friend or associate;
b) mislead or attempt to mislead the council, or a structure or functionary
of the council, in its consideration of any matter; or
c) be involved in a business venture with a councillor without the prior
written consent of the council of the municipality.
8 REWARDS, GIFTS AND FAVOURS
1. A staff member of a municipality may not request, solicit or accept any
reward, gift or favour for—
a) persuading the council of the municipality, or any structure or functionary of the
council, with regard to the exercise of any power or the performance of any duty;
b) making a representation to the council, or any structure or functionary of the
council;
c) disclosing any privileged or confidential information; or
d) doing or not doing anything within that staff member’s powers or duties.
2. A staff member must without delay report to a superior official or to the
speaker of the council any offer, which, if accepted by the staff member, would
constitute a breach of subitem (1)
9 COUNCIL PROPERTY

A staff member of a municipality may not:


• use,
• take,
• acquire, or
• benefit from
• any property or asset
• owned,
• controlled or
• managed by the municipality to which that staff member has no right.
10 PAYMENT OF ARREARS

A staff member of a municipality:


•may not be in arrears to the municipality for rates and
service charges for a period longer than 3 months, and
•a municipality may deduct any outstanding amounts from a
staff member’s salary after this period.
11 PARTICIPATION IN ELECTIONS

A staff member of a municipality:


• may not participate in an election of the council of the
municipality, other than
• in an official capacity or
• pursuant to any constitutional right.
12 SEXUAL HARASSMENT
A staff member of a municipality may not embark on any
action amounting to sexual harassment.
13 REPORTING DUTY OF STAFF MEMBERS

Whenever a staff member of a municipality has


reasonable grounds for believing that there has been a
breach of this Code, the staff member must without
delay report the matter to a superior officer or to the
speaker of the council.
14 BREACHES OF CODE
Breaches of this Code must be dealt with in terms of
the disciplinary procedures of the municipality
envisaged in section 67(1) (h) of this Act.
15 DISCIPLINARY STEPS
1. Breach of this Code is a ground for dismissal or other
disciplinary steps against a staff member who has been
found guilty of such a breach.
2. Such other disciplinary steps may include—
a) suspension without pay for no longer than three months;
b) demotion;
c) transfer to another post;
d) reduction in salary, allowances or other benefits; or
e) an appropriate fine.
IMPLICATIONS OF THE CODE OF CONDUCT
In terms of the respective Codes of Conduct, it will be required of employees to:
• Acknowledge receipt of the said Code upon sign-on. Such receipts are to be
kept by the Senior Manager: Human Resources
• Make a statement regarding family members already in the employ of
Johannesburg Water (in the case of existing Employees); to be kept by the
Senior Manager: Human Resources.
• Without delay report to a superior official any gift accepted and for this
purpose a register should be kept by the respective Executive Managers for
record keeping purposes and for scrutiny.
• Disclose in writing any benefit, referred to in the Code for staff members
that the employee may directly or indirectly derive from a contract, to the
Chief Financial Officer. All gifts received are to be declared, regardless of
value.

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