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Ministry of Public Service and Administrative Reforms

Ethics In Public Service

Ethics In Public Service
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​What is Ethics?
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The word ethics is derived from the Greek word ethos, which means "character," and from the Latin wo​rd mores, which means "customs." Ethics relates to what is good or bad, having to do with moral duty and obligation. In general, it is seen as a set of principles which guides human behaviour. Ethics can also be in the form of guidelines for conduct expected in the workplace. In professional terms, ethics can take the form of a standard of conduct. However, ethics concerns more than just behaviour. It reflects human moral attitudes, more specifically, rules of behaviour and their j​​ustifications.


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​What does being Ethical mean?

Being ethical involves the following: 

a)   Upholding the highest standard of behaviour as set out at the workplace

b)   Adopting fair and impartial attitudes while dealing with the public

c)   Abiding to your professional and organisational Code of Ethics

d)   Not indulging into any corrupt act or malpractice 

e)   Always respect your colleagues and fellow workers 

f)   Always work in public interest 

g)   Strive to promote an environment of tolerance and openness 

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​What is an Ethical Dilemma?

An ethical dilemma is a situation that often involves an apparent conflict between moral imperatives, in which to obey one would result in transgressing another. It is a situation which is ​neither white nor black and it makes decision-making complex. An ethical dilemma is a situation where we:  


a)   Do not know the right course of action  
                              
b)   Have difficulty doing what is considered as right 

c)   Confronted with opposing values and compelling loyalties 

d)   Find the wrong choice very tempting 
 
e)   Being attracted by private gains to abuse public or private office

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​How do I deal with an Ethical Dilemma?

Dealing with ethical dilemmas is often very complex. It is difficult to choose the right course of action. Choosing the right course of action depends on the ability to evaluate complex, ambiguous and incomplete facts, and the skill to implement ethical decisions effectively. To  deal with these types of grey situations, various guidelines and models have been developed to ease decision-making process. When  faced with ethical dilemmas, as described in the above examples, the following model can be used to ensure proper ethical decision-making.






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​Public​ officers have the noble task of serving the public with integrity and to the best of their ability. In their day-to-day interfacing with the public, they should always bear in mind that members of the public have a right to expect that their demands/requests are dealt with efficiently and fairly. The public sector has the duty to exercise vigilance and superintendence over its integrity systems. Therefore, it is the responsibility of public officers to get acquainted with and obey the laws, statutory rules and re​gulations, long established rules and practices, standards of conduct and best practices in the discharge of his/ her public duties.

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​CONSEQUENCES OF UNETHICAL BEHAVIOURS

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CASE 1

Public Officer accepting favours/bribes in the exercise of his functions. 
The manager of a hotel called at the Police Headquarters to seek investigation into the occurrence of theft, mischievous acts and blackmail cases at the hotel. The Commissioner of Police delegated the case to a senior official of the department. It was understood that the official who would be assisting the investigation and doing undercover work at the hotel, would stay at the hotel free of charge. 
During the same period the brother-in-law of the official, a man of means from United States, was on holidays in Mauritius and wanted to book a hotel for the week-end and invited the official and his family. The official personally booked four rooms at the same hotel in his name on behalf of his brother-in-law for two nights. 
During the week-end of his private stay, the Public Official offered to do investigation into the cases of theft at the hotel. The day of departure from the hotel, he claimed that he requested to settle the bill. However, he was informed that there were instructions not to pass the bill. He checked out of the hotel without settling the bill and asked for the bill to be forwarded to him.
The officer may be prosecuted for a breach of Section 4 of the Prevention of Corruption Act 2002 where the public officer accepts for himself or for any other person gratification for doing an act in the execution of his functions or duties. 
POINTS TO NOTE 
Public officers hold public office to serve public interest 
All public officers hold public office to serve public interest. They have the responsibility to work solely in public interest, ahead of other interests. They are accountable for their deeds and they should act and be seen to act in all fairness and not in self-interest. All decisions and actions should be guided by principles of transparency, accountability and integrity. 
Public officers are expected to carefully us their powers and authority and should in no way misuse this power. 
Compliance to Code of Ethics for Public Officers 
As per the Code of Ethics for Public Officers, public officers shall not abuse their official position for personal gain. They shall not solicit or accept gifts, rewards or benefits, which might compromise their integrity and that of their organisation and the Civil Service. Gifts or benefits include, but are not restricted to, free or less than market value accommodation, entertainment, hospitality and travel. 
Gratification 
The free accommodation with free food and beverage at the hotel which the officer accepted for him and his family constitutes the gratification in this example. Under Section 2 of the Prevention Act 2002, gratification constitutes: 
(a) means a gift, reward, discount, premium or other advantage, other than lawful remuneration; and 
(b) includes- 
(i) a loan, fee or commission consisting of money or of any valuable security or of other property or interest in property of any description; 
(ii) the offer of an office, employment or other contract; 
(iii) the payment, release or discharge of a loan, obligation or other liability; and (iv) the payment of inadequate consideration for goods or services; 
(v) the offer or promise, whether conditional or unconditional, of a gratification.
Some Reflections 
Public officers should realise that they are always in the limelight and they are expected to adhere to highest standards of behaviour and ethical conduct. Any unethical act on their behalf may lead to a negative perception of the whole Civil Service. 
Senior public officers, having discretionary powers, should exercise those powers carefully and in compliance with standards of rationality, purposefulness and morality. They should in no way misuse their power for their private benefit or that of their relatives.

CASE 2​

Public Official accepting favours/bribes in the exercise of his functions. 
Mr Z, a driver, obtained a contravention for failing to wear his seat belt. Mr Z decided to go to the nearby Police Station to beg for excuse and to have the contravention filed. Reaching the Police Station, he met with one Police Officer who told him, “Donne moi Rs 500 are toi, mo faire necessaire pou toi.” Mr Z remitted the said sum to do the needful and the Police Officer tore the contravention.The police officer can be charged for the offence of Bribery in breach of S4(1) of the Prevention of Corruption Act 2002, namely to the effect that he obtained for himself a gratification for doing act which is facilitated by his functions or duties. 
POINTS TO NOTE 
Compliance to Code of Ethics for Public Officers 
As per the Code of Ethics for Public Officers, public officers shall not abuse of their official position for personal gain. A public officer shall not demand or accept gifts, favours, hospitality or any other benefit for himself or his family, close relatives and friends, or persons or organisations with whom he has or has had business or political relations, which may influence or appear to influence the impartiality with which he carries out his duties or may be or appear to be a reward relating to his duties. 
Gratification 
The money accepted is the gratification. The court in Mauritius views corruption as a serious offence. The courts have shown caution not to send the wrong signal to public officers having accepted bribes, irrespective of the fact that the amount involved is small. In the present scenario, the police officer referred to above, may well be condemned to serve a custodial sentence. 
 Some Reflections 
Accepting Rs 500 as bribe is as harmful as accepting a bribe Rs500,000. 
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CASE 3​

Influencing Public Officer. 
Mr X is responsible for the Planning Department of a local authority. He makes recommendations to the Works and Planning Committee as to whether Development Permits should be allocated. Mega Enterprise, belonging to an overseas business tycoon, sought an application for a development permit to convert an existing building into business premises. Mega Enterprise contacted local councillors to boast about its business project and the good social impacts that it will have for the nearby community. A local councillor Mr Y, was keen to ensure that the application be processed by a fast track procedure and pressed upon Mr X to expedite administrative procedures such that the development permit can be issued at earliest. The Ministry of Health did not give favourable recommendation for the project and Mr X recommended to the Works and Planning Committee that a development permit should not be issued. A few days later, Mr Y heard about the recommendations made by Mr X. He walked into the office of Mr X, and in loud and threatening tone, uttered the following, “Eta ki qualifications to ena, mo pou casse casse toi, to nek reste dans to biro to pas conner ki bezer ena dehors. Bel l’amerdement to pou gagner are moi, mo conne boucou dimoune dans l’endroit, si to envie garde to travail to faire ene maniere to change to recommendation ek to donne Mega Enterprise so permi.” Mr Y then left grumbling, banging the door behind him. Mr X was in a state of shock and feared for his security and that of his family.The local councillor can be prosecuted for willfully, unlawfully and criminally exercising pressure by means of threat, upon a public officer, with a view to the performance of that public officer, of an act in the execution of his duties in breach of Section 9 of the Prevention of Corruption Act 2002. 
POINTS TO NOTE 
Compliance to Code of Conduct for Councillors 
The Code Conduct for Councillors, provides for Councillors to act as responsible citizens towards the Council and not to allow themselves favours in virtue of their office. They shall also respect other Councillors and Council employees and treat them with courtesy at all times.
Compliance to Code of Ethics for Public Officers 
The Code of Ethics for Public Officers further provides for public officers having a duty to treat the public and their colleagues with courtesy and respect. They shall therefore not harass, bully or otherwise intimidate members of the public or colleagues. 
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CASE 4​

Public Official soliciting bribes in the exercise of his functions. 
Mr Y is the Director of Good Builders Ltd and his company has been allocated a contract to build a new market in a town. A town engineer, Mr Z, was assigned the task of overseeing the works done. Mr Z requested for a meeting with Mr Y, and at the said meeting he made it clear to Mr Y that all the claims for the works done would have to be cleared by him first, before being sent to the Finance Department for payment. Mr Z then stated to Mr Y that,” Si ou donne moi Rs 100,000 mo passe ou claim facile, mo pas pou faire ou la vie difficile.”The town engineer can be prosecuted for a breach of Section 4 of the Prevention of Corruption Act 2002, for having solicited a gratification for himself, for doing an act in the execution of his duties. 
POINTS TO NOTE 
Compliance to Code of Ethics for Public Officers 
As per Code of Ethics for Public Officers, public officers shall not abuse their official position for personal gain. They shall not solicit or accept gifts, rewards or benefits, which might compromise their integrity and that of their organisation and the Civil Service. Gifts or benefits include, but are not restricted to, free or less than market value accommodation, entertainment, hospitality and travel. 
Gratification 
It this case, the gratification can be identified as the Rs 100,000 which was solicited by the town engineer. However, it is important to note that the gratification was only solicited but not obtained. The Director of Good Builders Ltd did not provide the gratification. 
Some Reflections A public officer is appointed to work in the public interest at all times. No personal motive should disturb this process. In the present case, the mere soliciting can hinder a contractor from performing his job, and thus may cause unnecessarily delay in having infrastructure constructed for the benefit of the general public. ​
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CASE 5​​​

Member of the public offering bribe to Public Officer in the exercise of his function.​
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CASE 6​​​

Public Official accepting gratification for doing an act which he induces a person to believe, he is empowered to do in the exercise of his duties, although as a fact such act does not form part of his duties. 
Mr X has been unable to obtain a provisional driving licence for he was unsuccessful at the oral test. His friends introduced him to a Police Officer who convinced Mr X that as he works at the Licencing Section, Line Barracks Port Louis, he could issue him with a provisional and competent driving licence, provided a sum of Rs 10,000 is remitted to him. In truth and in fact, the Police Officer was not employed at the Licencing Section, Line Barracks, Port Louis, and he does not even know any person working at the said Section.
The said police officer may be prosecuted for a breach of Section 11 of the Prevention of Corruption Act 2002, namely to the effect that he induced another person to believe that he was empowered to do an act in the exercise of his duties although as a fact it did not form part of his duties. 
POINTS TO NOTE 
Compliance to Code of Ethics for Public Officers 
As per the Code of Ethics for Public Officers, a public officer shall not offer or give any advantage in any way connected with his position, unless lawfully authorised to do so. A public officers shall not seek to influence for private purposes any person or body, including other public officers, by misusing his official position or by offering personal advantages. 
Gratification 
In this case, the gratification can be identified as the sum of Rs 10,000 offered to the police officer.
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CASE 7​​

Unauthorised use of public resources. 
A driver took a car to his residence without authorisation on a Friday. He kept the car at his residence during the week-end without prior approval instead of leaving it in the parking. The said car met with an accident on Sunday. 
The driver reported to the police that the car was stolen from his place. Police enquiry revealed that at the time of the accident, the car was being driven by an unauthorized person who happened to be the driver’s brother-in-law and did not hold a driving license. 
The car was declared a total loss. Besides, there has been damage to concrete walls of a private residence, Central Electricity poles and Mauritius Telecom poles. The official may be interdicted forthwith from the exercise and function of his office. If the charges against him are proved, the Public Service Commission may decide that he should be retired in the interest of the public service after the grant to him forthwith of any leave. 
 POINTS TO NOTE 
Compliance to Code of Ethics for Public Officers 
Public officers, in the exercise of their duties should demonstrate a high degree of professionalism and project a good and positive image of the Civil Service. As per Section 3 ‘Personal and Professional Behaviour’ _ paragraph (3) states: “Public officers have the duty to always conduct themselves in a way that confidence and trust of the public in the integrity, impartiality and effectiveness of the Civil Service are preserved and enhanced”. 
Some Reflections 
Public officers should always be guided by the principle that any public resource given to them should be used with due diligence and should never for personal reasons in the exercise of their functions. Public officers must realise that they should make proper use of all organisational assets and ensure, at all times that these assets are used to the optimum level and are properly safeguarded. In addition, they must be conscious that they are accountable for the use of all public assets.
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CASE 8

Public Officer making false allegation. 
A Public Official was interdicted from duty as criminal proceedings for ‘Falsehood and Malicious denunciation in writing’ were instituted against him. Disciplinary proceedings were instituted against him on charges of ‘Falsehood’ and ‘Breach of Confidence’. The charges of ‘Falsehood’ consisted of false allegations made against other officials and the other charge for having without proper authority, communicated to the press, matters con​nected with the service.  
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                   Useful Documents


  Recruitment Guide​

  Code of Ethics for Public Officers (Revised)​

  Best Practice Guide on Procurement

  Best Practice Guide on Contract Management​



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