6. Introduction
6.1 The Public Service Ethics
6.1.2 Code of Conduct
A code of conduct is established to avoid corruption in the public service. It regulates the behaviour of civil service, showing the type of behaviour that is expected from them. According to Hanekom, in the public sector ethical norms are usually ensconced in acts or are in the form of a code of conduct to which the civil servants must subscribe when assuming duty (Hanekom, 1996: 162). As I have already emphasized, the form and nature a code of conduct takes varies from society to society, even from institution to institution.For instance, in South Africa, the code of conduct for the public service explains what is required from an employee. According to this code, an employee should observe the following:
During official duties, dresses and behaves in a manner that enhances the reputation of the public service;
Acts responsibly as far as the use of alcoholic beverages or any other substance with an intoxicating effect is concerned;
Does not use his or her official position to obtain private gifts or benefits for himself or herself during the performance of his or her official duties nor does he or she accept any gift or benefits when offered, as these may be construed as bribes;
Does not use or disclose any official information for personal gain or the gain of others: and
Does not, without approval, undertake remunerative work outside his or her other official duties or use official equipment for such work. (Public Service Commission of South Africa, 1997).
From the above code of conduct, it is clear that the civil servants are made aware of what is expected of them in the public service. According to the code of conduct, a civil servantl does not use their official position to obtain private gifts or to benefit her/himself (Mafunisa, 2000:29). Such unwarranted behaviour by a civil servant is
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seen as corruption.Not only are they made aware of what is expected from them, but also of the punishment that may follow any official acting contrary to the code of conduct. The official may be dismissed from the public service without any gratuity. It is expected that civil servants be honest while performing their duties.
Cloete stresses, that civil servants are usually bound by the conditions of service to comply with specific conduct-rules in the performance of their duties, even where they are not required to subscribe to a specific code of conduct (Cloete, 1996: 26).
Cloete cites, as an example, section 20 of the South African Public Service Act, 1994, which says that when a civil servants involves him or herself with the listed unethical acts, such as being „negligent or indolent in carrying out his or her duties‟, or making, „use of his or her position in the public service to promote or to prejudice the interest of any political party‟, this member of the public service will be guilty of misconduct.
Civil servants ought not to involve themselves in corrupt acts as they are called to serve the general public and not to enrich themselves. It is expected that civil servants ought to be very sincere in their services to the general public and not bend the rules for private gain. For instance, according to Rose-Ackerman “firms may not pay to get a favourable interpretation of the rules or to lighten the regulatory load. Rules and regulations can be used by corrupt officials as a means of enriching themselves. Everywhere rules are bent in return for payoffs” (Rose-Ackerman, 1999: 18). If rules are bent by civil servants in order to enrich themselves, it shows nothing but inconsistency in the public service. Such unethical behaviour in the public service is always an injustice to the citizens who pay taxes to support such projects. Rose-Ackerman argues that, the costs that are encountered when tax payers and corrupt officials misappropriate the savings from taxes and duties usually affect the general public in the form of poor services (Rose-Ackerman, 1999:20). Rose-Ackerman goes on to point out some countries in Africa such as Gambia, Mozambique and Ghana where studies suggest that corruption permits the rich to avoid taxes (Rose-Ackerman, 1999:20).
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There are many instances where civil servants have in the past controverted their call to service. For instance, according to the Guardian newspaper (1 August, 2011), the Independent Corrupt Practices and other Related Offences Commission (I.C.P.C) arrested a magistrate‟s court judge in Enugu, who was demanding and receiving bribes from a surety. The Guardian newspaper further writes that, in an effort by the magistrate to collect money from the surety, the matter was reported to the I.C.P.C. Following the report to the commission, the magistrate was arrested as he received #50,000 (fifty thousand naira) marked notes which the commission dispatched through some operatives.
Again, there are cases where civil servants will neglect their paid work but will go the extra mile in committing other crimes. This is assumed to be more likely to take place in departments like the police. For instance, News24 (8 August, 2012), reports that there were five Tshwane metro police officers who were arrested for bribery following a joint operation by metro police and the South African police service. According to the metro spokesperson, Console Tleane, a motorist alleged that he was stopped at Garsfontein on Friday by six officers who demanded that since he was driving under the influence of alcohol, he should give them money or be arrested. The motorist actually accepted being drunk: however, he told them that he had no money. The story goes on to say that „the officers allegedly told him that they would accompany him to the nearest ATM, where he allegedly gave them R1000‟. Later the motorist went and reported the case to the police. This led to the arrest of the five officers but the sixth officer, according to Tleane, is still at large.
The incidences we documented here are wrong not just because they are contrary to the code of conduct of the institutions where they are committed, but because they are generally contrary to the rule of public morality. The hallmark of every public ethics is that it serves the interest of the public; when it does otherwise as our examples here are shown to have done, it becomes a breach of public contract and therefore corruption.
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There are certain things that are expected from a civil servant by the general public.
These expectations are discussed under the following sub-heading.