PRESENTATION TO THE PORTFOLIO COMMITTEE ON PUBLIC SERVICE AND ADMINISTRATION

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PRESENTATION TO THE PORTFOLIO COMMITTEE ON PUBLIC
SERVICE AND ADMINISTRATION

• REPORT ON THE ESTABLISHMENT OF A WHISTLEBLOWING
  INFRASTRUCTURE FOR THE PUBLIC SERVICE
• 13th AUGUST 2003

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NATIONAL ANTI-CORRUPTION SUMMIT 1999

• This summit recognized, inter alia, a resolution
  encouraging the implementation of a
  whistleblowing mechanism which would include
  measures to protect persons who expose and report
  corrupt and unethical practices.

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PROTECTED DISCLOSURES ACT

• Accordingly, Legislation in the Form of the
  Protected Disclosures Act was subsequently passed
  by Parliament in February 2000.
• The Act protects employees against occupational
  detriment
• Encourages honesty among employees
• Encourages reporting misdemeanors without fear

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THE WHISTLEBLOWING PROGRAMME

• In view of the discussion above as well as the
  general interest in and value of whistleblowing
  in the fight against corruption, the PSC
  developed a promotion programme with the
  assistance of the Open Democracy Centre (ODAC).
• The 1st step was to hold eight one-day
  consultative workshops with employees in the
  public service. ( Gauteng Province intends to
  hold their workshop in the near future).

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METHODOLOGY

• The workshops comprised two sections
• Training of delegates in understanding the
  Protected Disclosures Act
• Delegates making recommendations on how best to
  implement the Act.

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TRAINING

• Highly interactive learning sessions.
• Looking at the 20 most frequently-asked
  questions about the Act.
• Answering questions took place in small groups
  with report-backs to plenary and further
  discussion.

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KEY FINDINGS

• Corruption is rife in the Public Service
• Employees are aware of this
• Examples were readily available to support this
  assumption
• A distinction was made between identifying
  corruption and reporting it

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• Fear of reprisal was the main reason for not
  reporting
• Employees unanimous on the need to have a
  mechanism of reporting, with confidentiality and
  protection

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RECOMMENDATIONS

• The costs incurred by white collar crime have
  ranged from the loss of jobs and livelihoods, to
  the loss of millions of Rands in compensation,
  fines and insurance, the loss of public and
  investor confidence, the loss of lives and
  increased regulations.

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• Establishing good corporate governance practices
  can be achieved though the setting up of
  whistleblowing mechanisms and structures
  supported by a whistleblowing policy as envisaged
  and encouraged by the law itself.

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• The recent King report on Corporate Governance
  has recommended compliance with and the
  establishment of easily accessible and safe
  reporting, such as whistleblowing channels. The
  report speaks strongly of the need to change
  organisational cultures to comply with good
  corporate governance.

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• The Protected Disclosures Act provides for a safe
  legal environment, but this has to be matched by
  a safe working place environment in terms of the
  attitude adopted by the employer.

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• It is in this regard therefore that the Public
  Service Commission saw fit to embark on a
  countrywide project to train officials on the
  whistleblower law and to consult them on the
  establishment of best practice whistleblowing
  mechanisms to combat corruption in the public
  service.

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• Employees are aware of fraud and corruption
  taking place in the public service, but they also
  need to know where and how to blow the whistle,
  and to feel confident that they would be taken
  seriously, treated in confidence and protected.

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THE KEY RECOMMENDATIONS THAT CAME OUT OF THE
WORKSHOPS WERE

• The need for the implementation of a
  whistleblowing mechanism in the public service.
• The need to define what constitutes fraud,
  corruption and malpractice in the public service.
• The need for a policy and procedure on
  whistleblowing in the public service.

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• That there be demonstrable political will and
  buy-in of the Politicians and the Senior Managers
  in the Provinces.
• That they are committed to the elimination of
  corruption in the public service.
• That they should be seen to be driving and
  championing whistleblowing as a tool for
  improved and better corporate governance.

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• That managing the whistleblowing process be
  included in all managers performance contracts
  and measured in terms of their Key Performance
  Areas.
• That a whistleblowing infrastructure be budgeted
  for so as to ensure an effective whistleblowing
  mechanism. The provision of such a budget would
  be a good indicator of political will of the
  respective provinces in ensuring good corporate
  governance.

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• That potential whistleblowers should be assured
  of the confidentiality of the process, in the
  policy, through awareness campaigns and
  demonstrable support by Political Leaders and
  Senior Managers.
• That the confidentiality of the whistleblower be
  maintained at all times.

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• That the whistleblower be assured of protection
  including what the Act defines as occupational
  detriment.
• Departments are encouraged to look at measures
  that they could put in place that go beyond the
  protection provided for in the Act. e.g support
  and counselling.
• The need for promotion and awareness of the Act
  and the Whistleblowing Policy

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• The need for training and awareness of employers
  and employees in the public service around the
  Protected Disclosures Act.
• The need for participative development of a
  whistleblowing policy and procedure for the
  public service

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• The need for training and awareness of employers
  and employees in the public service on a
  Whistleblowing Policy.
• The need for the establishment of whistleblowing
  hotlines in the various departments.

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THE CODE OF CONDUCT

• The Code of Conduct for Public Service employees
  states that An employee in the course of his or
  her official duties, shall report to the
  appropriate authorities, fraud, corruption,
  nepotism, maladministration and any other act
  which constitutes an offence, or which is
  prejudicial to the public interest (Section
  4.4.10).

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• This duty includes employees not involved in
  corrupt practices, but who are aware of
  colleagues who are. If the employee keeps quiet
  and does not report the malpractice, he or she is
  evading collective responsibility for the
  integrity of the public service. In such a case,
  he or she becomes an accessory to corruption.
  (Example 3 page 48, Explanatory Manual on the
  Code of Conduct.

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DEFICIENCIES OF THE ACT

• The Act has its deficiencies.
• There are two main areas
• The first is that it only offers protection to
  employees and it excludes members of the public,
  including contractors, pensioners and
  temporary/casual workers.

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• The second is that where an employee has been
  dismissed and has qualified for protection in
  terms of the Act, the compensation is limited to
  24 months salary.
• This is a small amount when considering the
  other costs to the whistleblower such as
  protracted and expensive legal proceedings,
  negative perceptions of the whistleblower by the
  community and potential employers, not to mention
  the cost to personal and family life.

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• It is our understanding that the Law Commission
  is giving attention to the deficiencies.

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WAY AHEAD

• It is suggested that the Director-General in each
  of the provinces take responsibility for ensuring
  that a Whistleblowing Policy for the province is
  formulated and implemented.
• That a whistleblowing infrastructure be budgeted
  for so as to ensure an effective whistleblowing
  mechanism.

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• Employee consultation and participation in the
  development of the Whistleblowing Policy be
  initiated.
• The Draft Whistleblowing Policy in the Public
  Service Commission report be adopted, and adapted
  where necessary, for this purpose.

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• The implementation of the policy should be
  marketed through publicity and awareness
  campaigns, including posters and brochures, and
  the Political Heads and Senior Managers should be
  seen to be fully championing and endorsing the
  Policy.
• Training on the Whistleblowing Policy and the
  Protected Disclosures Act should take place in
  all provinces, with all managers and with all
  staff. Contractors could also be invited to the
  training sessions.

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• Every employee should be given a copy of the
  Provincial Whistleblowing Policy.
• Provincial Whistleblowing Policies should be made
  available in the official languages of the
  respective provinces.
• Training on the Whistleblowing Policy should be
  included during the induction of all new
  employees.

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• Implementation of the Whistleblowing Policy
  should be included in the Key Performance
  measurables of every senior manager in the public
  service so that they constantly make employees
  aware of the Policy.

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• THANK YOU