Legislation doesn’t differentiate between a cynical gift intended to buy unwarranted favour and a sincere gesture of appreciation or celebration.
As Manager of Internal Audit, Karel Frans is very clear on applicable gifting regulations.
Regulations include the Municipal Systems Act, No. 32 of 2000 which addresses the Code of Conduct for municipal staff members, schedule 2; the Municipal Finance Management Act, No. 56 of 2003, and the Prevention and Combating of Corrupt Activities Act (PRECCA), No. 12 of 2004.
The Code of Conduct for Municipal Staff Members prohibits officials from accepting gifts, favours or hospitality that may influence or appear to influence their decision-making. Gifts of nominal value capped at R350 may be allowed if declared in a gift register and approved according to municipal policy. Any gratification linked to procurement or decision-making may constitute corruption under PRECCA.
With regulations in place to guide municipal employees, why do we continue to read about corruption?
Karel says that the answer is straightforward.
Regulations determine the rules but not the attitudes of people who govern them. A municipality needs robust governance, driven by ethical leadership, where its people possess the qualifications and skills to apply the rules.
