TOOLKIT FOR PUBLIC SERVANTS
Summary
The 'Toolkit for Public Servants', published by the Public Affairs Research Institute, is a guide designed to support South African public servants in identifying and reporting corruption and unethical conduct. It provides a comprehensive overview of the legal and regulatory frameworks governing public service ethics, specifically detailing the processes and protections available under the Protected Disclosures Act (PDA) and the Public Service Regulations (PSR 2016).
Key insights
- Corruption in the South African state has reached endemic levels over the last ten to fifteen years, becoming part of the state's institutional fabric. This is evidenced by high-level 'state capture' at state-owned enterprises like Eskom and Transnet, as well as the use of senior public service positions as currency for loyalty within patronage networks.
- The South African government has established a legal framework to combat corruption through several key Acts: the Public Finance Management Act (PFMA) and Municipal Finance Management Act (MFMA) for public finances; the Promotion of Access to Information Act (PAIA) for transparency; the Prevention and Combating of Corrupt Activities (PRECCA) Act for defining corruption; and the Protected Disclosures Act (PDA) to protect whistle-blowers.
- The Public Service Regulations 2016 (PSR 2016) and the Code of Conduct for the Public Service mandate that all employees report corruption, fraud, nepotism, maladministration, and any act that violates the law or prejudices the public interest. Specifically, Regulation 13(e) requires immediate reporting of such contraventions to relevant authorities.
- The Public Administration Management Act (PAMA) No. 11 of 2014 prohibits employees from doing business with the state or serving as directors of companies that do so; violating this is a criminal offence and serious misconduct. PAMA also established the Public Administration Ethics, Integrity and Disciplinary Technical Assistance (PAEIDTA) Unit within the DPSA to provide technical support and develop norms for integrity and discipline.
- Under the Protected Disclosures Act (PDA), a 'protected disclosure' is one made in good faith regarding criminal offences, legal failures, miscarriages of justice, health/safety dangers, environmental damage, or unfair discrimination. To be protected, the disclosure must follow specific procedures, such as reporting to a legal adviser, the employer, a member of Cabinet/Executive Council, prescribed bodies (e.g., the Public Protector), or, under stricter conditions, the general public/media.
- Occupational detriment is defined as any adverse impact on an employee's status resulting from a protected disclosure, including dismissal, suspension, harassment, intimidation, or civil claims for breach of confidentiality. The PDA provides remedies such as compensation, actual damages, or orders to remedy the detriment, with compensation for automatically unfair dismissal capped at 24 months' remuneration.
- Recent amendments to the PDA require employers or receiving bodies to provide written acknowledgement of a report within 21 days, informing the whistleblower if an investigation will be undertaken, if it will not be, or if the matter is referred. Regular written feedback must then be provided at least every two months until the matter is concluded.
- The toolkit suggests several measures to improve whistle-blower protections, including registering corporate services employees with professional bodies, creating a special government fund for legal assistance, establishing an independent centre for whistle-blowers, and adopting a 'reverse onus' in court where the employer must prove that action taken against an employee was not related to whistle-blowing.
Cite the original document
- APA
- Public Affairs Research Institute (n.d.). TOOLKIT FOR PUBLIC SERVANTS. https://pari.org.za/wp-content/uploads/2020/11/20201110_ToolkitForPublicServants.pdf
- Chicago
- Public Affairs Research Institute. TOOLKIT FOR PUBLIC SERVANTS. n.d. https://pari.org.za/wp-content/uploads/2020/11/20201110_ToolkitForPublicServants.pdf.
- Wikipedia
- {{cite report |author=Public Affairs Research Institute |title=TOOLKIT FOR PUBLIC SERVANTS |url=https://pari.org.za/wp-content/uploads/2020/11/20201110_ToolkitForPublicServants.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{publicaffairsresearchinstitutendtoolkit, author = {{Public Affairs Research Institute}}, title = {{TOOLKIT FOR PUBLIC SERVANTS}}, institution = {Public Affairs Research Institute}, url = {https://pari.org.za/wp-content/uploads/2020/11/20201110_ToolkitForPublicServants.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
Full text
Collected · Record updated