Deputy Speaker, the National Development Plan highlighted the need for a professional, efficient Public Service to enable the country to develop to its full potential. The objects of the Bill are basically to give effect to the democratic values and principles of section 195 of the Constitution, including a high standard of professional ethics, efficient, economic and effective use of resources, and public services which are accountable, transparent and provided impartially, fairly and equitably. These the ACDP clearly supports.
There are a number of good provisions in this Bill. We particularly support the provisions that seek to combat corruption in the Public Service by prohibiting employees from conducting business with the state or from being a director of a public or private company that conducts business with the state. Failure to comply may result in disciplinary action. We also support the provisions requiring employees to disclose their financial interests. Again, failure to do so constitutes misconduct.
These provisions may have been further strengthened had we inserted a cooling-off period for public servants who leave the service of the state specifically in order to do business with the state. We understand that this clause was in the original draft, but was removed. This is a pity, as it would have strengthened the anticorruption campaign. Of course, Corruption Watch also raised this issue.
We also support the creation of the Public Administration Ethics, Integrity and Disciplinary Technical Assistance Unit. How many public servants are suspended on full pay, awaiting disciplinary hearings to be finalised, which, in some circumstances, can take years to complete? We trust that this unit will assist in this regard.
We also call on the incoming Minister for the Public Service and Administration, whoever that may be, to look at the whistle-blower Act, the Protected Disclosures Act. This Act can and must be strengthened, as whistle-blowers in the public domain have been victimised and even been killed for exposing corrupt acts. So, there are some very good clauses in this Bill.
However, we also share concerns about the transfer and secondment of staff. This can be done, in some cases, without consent. What are the implications of this in terms of the existing Labour Relations Act? If you have trade unions having concerns, then there is a problem here that needs to be looked at closely. What happens if this is done to punish civil servants who do not toe a certain political line? We need to be aware of that.
We also share concerns about the constitutionality of the Bill. I was involved in the certification of the National Constitution, where the provincial and local government powers were highlighted. Those of us that were involved will remember that that constitutional text was referred back to Parliament because there were insufficient provincial and local government powers. We are slightly concerned that, whilst we have to balance those powers with sections 195 and 197, we believe that the latter clauses do not necessarily trump those original clauses. So, whilst we see there is a lot of good in the Bill, we, regrettably, won't be able to support it. Thank you, hon Minister.