Analysis of the law regulating the declaration and publication of financial interests by senior managers in municipalities

Abstract

Almost three decades into democracy, South Africa is faced with corruption and financial mismanagement in all spheres of government. One of many other reasons are the interests that politicians and administrators have outside of their responsibilities in municipalities, provincial departments and national departments. After 1994, a constitution was drafted to guide and be used as a foundation by the democratic government. The Constitution of the Republic of South Africa, 1996 is argued to provide the mechanisms to prevent unethical behaviour within the public administration space.2 The Constitution provides the values and principles relating to the public administration and government. Section 195(1)(a)–(g) of the Constitution stipulates that a high standard of professional ethics must be promoted and maintained in public administration generally. 3 However, despite the mechanisms in the Constitution, South Africa is crippled by corruption, financial mismanagement and unethical behaviour by public servants in all spheres of government. 4 Amongst other things, the financial declaration by public officials is one of the mechanisms established to promote transparency in the public administration. This mechanism requires government officials to declare their financial interests to the relevant bodies. 5 With the existing checks and balances that are established to halt public servants from possible unethical