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

This guide, published by the Public Affairs Research Institute in August 2018, provides a framework for public service employees and departments in South Africa to report unethical conduct, corruption, and non-compliance. It outlines the legal obligations under the Public Service Regulations (PSR), 2016 and the Protected Disclosures Act (PDA), 2000, while offering practical guidance on establishing departmental reporting policies, protecting reporters from occupational detriment, and utilizing various disclosure channels.

• Public service employees have a legal obligation to report wrongdoing. Under Regulation 13 (e) of the PSR, 2016, employees must immediately report fraud, corruption, nepotism, maladministration, or any act contravening the law or prejudicial to the public interest. Regulation 14 (q) specifically requires reporting any non-compliance with the Public Service Act, 1994 to the head of department.
• The Prevention and Combating of Corrupt Activities Act (PRECCA) imposes a specific reporting duty on persons in positions of authority—including Director-Generals, Senior Manager Service members, and CEOs—to report suspected corruption involving R100,000 or more to the police official in the Directorate for Priority Crime Investigation.
• Failure to report wrongdoing can result in disciplinary or criminal consequences. For public service employees, the South African Police Service, the South African National Defence Force, and the State Security Agency, not reporting corruption or non-compliance is a contravention of the Code of Conduct and is treated as misconduct. Additionally, failing to report corruption of R100,000 or more under PRECCA is a criminal offence.
• The Protected Disclosures Act (PDA) extends protection to a broad group of individuals, including 'employees' and 'workers' (which encompasses interns, security personnel, cleaning personnel, independent contractors, agents, and consultants). Protection is granted if a 'protected disclosure' is made regarding an 'impropriety' to an authorized person or body.
• The PDA establishes five 'doors' or channels for making a protected disclosure to ensure legal protection: 1) Legal advice; 2) Internal disclosure to the employer; 3) Disclosure to a member of Cabinet or Executive Council; 4) Regulatory disclosures (e.g., to the Public Protector or Auditor-General); and 5) Wider disclosures (e.g., to police or media), provided there is 'good cause' for going outside.
• Departments are required to implement a reporting system that ensures confidentiality and the recording of all allegations. A departmental policy should cover advocacy, reporting channels (such as the National Anti-Corruption Hotline at 0800 701 701), procedures for investigations, and measures to prevent 'occupational detriment'—which includes dismissal, harassment, or punitive transfers.
• Under section 3B of the PDA, any person or body receiving a protected disclosure must decide whether to investigate or refer the matter within 21 days. If a decision cannot be made in that timeframe, the employee 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} }