Civil Servants Fined For Doing Business With State

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The number of workers doing business with their employer – the government – has dropped significantly as criminal prosecutions for the offence continue.

The Director-General for the Department of Public Service and Administration (DPSA), Yoliswa Makhasi on Monday said two public servants have just been sentenced for conducting business with the state.

Makhasi said police sergeant Makwakwa of Mpumalanga was sentenced on 11 November 2021 to R10 000 or 18 months imprisonment, half of which was suspended on certain conditions.

The sergeant has since paid a fine of R 5 000.

Another policeman, Constable Handon, was also convicted of conducting business with the State and was in October sentenced to R5 000 or 12 months imprisonment wholly suspended for five years on certain conditions.

“The convicted members will duly be subjected to departmental processes that the South African Police Service will embark on as a matter of urgency,” said Makhasi.

This type of offence also constitutes serious misconduct, which may result in the termination of employment by the employer.

“Public servants are reminded once more that it is a criminal offense for public service employees to conduct business with the State,” warned Makhasi.

“We also want to prevent conflicts of interest that detracts public servants from focusing on delivering quality services to our communities.”  

The DPSA introduced a prohibition on public service employees conducting business with the State under the Public Service Regulations, 2016 (Regulation 13(c).

It also expanded to the public administration under the Public Administration Management Act, 2014 (section 8), and public servants conducting business with the State was declared a criminal offense.

This was further extended to include political advisors. Accordingly, any person found guilty of such offenses is liable to a fine or imprisonment for a period not exceeding five years, or both a fine and imprisonment.

The number of employees registered on the Central Supplier Database had decreased by January 2021 to 484 and by end of July 2021, it further declined to 118.