GUIDE ON THE REPORTING OF UNETHICAL CONDUCT, CORRUPTION AND NON-COMPLIANCE TO THE PUBLIC SERVICE ACT, 1994 AND PUBLIC SERVICE REGULATIONS, 2016 IN THE PUBLIC SERVICE

The guide outlines the legal obligations and procedures for reporting wrongdoing within the South African public service. It distinguishes between general reports and 'protected disclosures' under the Protected Disclosures Act, 2000, which offers legal safeguards against 'occupational detriment' such as dismissal or harassment. The document mandates that departments establish formal reporting policies including confidential channels, recording systems, and investigation procedures. It specifically highlights the duty of officials in positions of authority to report corruption involving R100,000 or more to the police.

• Public service employees have a legal obligation to report fraud, corruption, nepotism, maladministration, and any act prejudicial to the public interest. Failure to report these constitutes a contravention of the Code of Conduct and is treated as misconduct.
• Under section 34 of the Prevention and Combating of Corrupt Activities Act (PRECCA), individuals in positions of authority—including Director-Generals and Senior Manager Service members—must report suspected corruption involving R100,000 or more to the Directorate for Priority Crime Investigation.
• The Protected Disclosures Act (PDA) extends legal protections to a broad group of 'workers', including independent contractors, consultants, agents, interns, and security or cleaning personnel, provided they make a disclosure in good faith to an authorized recipient.
• A 'protected disclosure' is one made through specific legal 'doors' to ensure the reporter is shielded from occupational detriment. These channels include legal advisers, the employer, members of Cabinet or Executive Council, prescribed regulatory bodies (such as the Public Protector or Auditor-General), and in specific circumstances, wider disclosures to the police or media.
• Occupational detriment refers to adverse employment actions taken against a reporter, such as dismissal, suspension, harassment, punitive transfers, or the loss of contracts for workers. Victims may seek relief through the Labour Court, including claims for compensation or reinstatement.
• When a protected disclosure is made, the recipient must decide whether to investigate or refer the matter within 21 days and inform the reporter of the decision in writing. If a decision cannot be reached in 21 days, the reporter must be updated every two months, with a final decision required within six months.

APA

Public Affairs Research Institute (2018). GUIDE ON THE REPORTING OF UNETHICAL CONDUCT, CORRUPTION AND NON-COMPLIANCE TO THE PUBLIC SERVICE ACT, 1994 AND PUBLIC SERVICE REGULATIONS, 2016 IN THE PUBLIC SERVICE. https://pari.org.za/wp-content/uploads/2020/08/Link-13-eim_06_09_2018_DPSA-guide-on-reporting-unethical-conduct-and-corruption.pdf

Chicago

Public Affairs Research Institute. GUIDE ON THE REPORTING OF UNETHICAL CONDUCT, CORRUPTION AND NON-COMPLIANCE TO THE PUBLIC SERVICE ACT, 1994 AND PUBLIC SERVICE REGULATIONS, 2016 IN THE PUBLIC SERVICE. 2018. https://pari.org.za/wp-content/uploads/2020/08/Link-13-eim_06_09_2018_DPSA-guide-on-reporting-unethical-conduct-and-corruption.pdf.

Wikipedia

{{cite report |author=Public Affairs Research Institute |title=GUIDE ON THE REPORTING OF UNETHICAL CONDUCT, CORRUPTION AND NON-COMPLIANCE TO THE PUBLIC SERVICE ACT, 1994 AND PUBLIC SERVICE REGULATIONS, 2016 IN THE PUBLIC SERVICE |date=August 2018 |url=https://pari.org.za/wp-content/uploads/2020/08/Link-13-eim_06_09_2018_DPSA-guide-on-reporting-unethical-conduct-and-corruption.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{publicaffairsresearchinstitute2018guide, author = {{Public Affairs Research Institute}}, title = {{GUIDE ON THE REPORTING OF UNETHICAL CONDUCT, CORRUPTION AND NON-COMPLIANCE TO THE PUBLIC SERVICE ACT, 1994 AND PUBLIC SERVICE REGULATIONS, 2016 IN THE PUBLIC SERVICE}}, institution = {Public Affairs Research Institute}, year = {2018}, month = aug, url = {https://pari.org.za/wp-content/uploads/2020/08/Link-13-eim_06_09_2018_DPSA-guide-on-reporting-unethical-conduct-and-corruption.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }