Question NW3848 to the Minister of Public Service and Administration

Reply:

The Public Service Commission (PSC) has in response to the State Capture Report’s recommendation for a need to have greater protection whistle-blowers, implemented the following steps as its contribution towards strengthening the measures:

1. During the month of April 2022, the PSC convened a seminar under the theme: Improving governance, systems and processes in the public sector outcome of the commission of enquiry into allegations of state capture, corruption and fraud in the public sector – implications for the public service. Through this seminar various ways of building integrity and resilient anti-corruption systems and processes which ensure the prevention of future State Capture, Corruption and Fraud in the Public Sector were explored.

2. The PSC in collaboration with United Nations Office on Drugs and Crime (UNCD), UNISA and civil society, hosted the International Anti-Corruption Day (IACD) on the 09th to 10th of December 2022, at University of South Africa (UNISA) hosted at UNISA. The theme for 2022, edited to reflect the local SA context was, “The Cost of Failure of Governance and Ethics in the Public Service: Response to the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of States.”

2. The IACD made critical resolutions which included the whistleblowers’ protection and an Action plan was developed for further monitoring by the National Priority Crime Operation Committee (NPCOC), formerly known as Anti-Corruption Task Team (ACTT) and the National Advisory Council on Anti-Corruption’s unit responsible for monitoring of the implementation of the National Anti-Corruption Strategy.

3. The resolutions on the whistle-blowers’ include amongst others the protection of employees from retaliation, removing caps on compensation of whistleblowers, providing financial rewards and incentives for whistleblowing, protecting whistleblowers’ identity and consolidating whistleblowers’ legal protections. The PSC has been designated to coordinate and implement the above-mentioned resolutions by the IACD

4. The PSC has in implementing the resolution and carrying out its responsibilities as assigned by the IACD, did the following:

1. Developed a Position paper on the nature and extent of the protection of whistleblowers, which was consulted with the ACTT members, Civil Society organisation, and State Owned entities to provide inputs.
2. Host a Whistleblowers’ symposium on the 21 July 2023 in partnership with civil society and business sector under the theme “The extent and nature of the protection of whistle-blowers in South Africa”. The position paper was presented to the attendees and further inputs were provided and incorporated into the position paper.
3. The PSC developed inputs for Department of Justice to consider for the amendment of the Protected Whistleblower Act, taking into consideration the inputs from the Whistleblowers’ symposium. The inputs were submitted to Department of Justice on the 31 July 2023.
4. A report on the discussion and resolution of the Whistleblowers’ Symposium was developed, citing resolutions which proposed the establishment of a “Whistle-Blower Protection House” aimed at
   • 1. facilitating access to support for whistleblowers
     2. create awareness of whistleblowers plight,
     3. provide financial help, legal counsel and
     4. Psychological support
5. The PSC has since developed a Business Case on the establishment of the Whistle-blowers’ Protection House, which was presented to the NPCOC on the 16 November 2023. The objectives thereof are as follows:

• • • 1. To protect whistle-blowers, whether in the public or the private sector from being subjected to an occupational detrimental actions on account of having made a protected disclosure;
      2. To provide for certain remedies in connection with any detrimental actions
      3. suffered on account of having made a protected disclosure; and
      4. Rewarding whistle-blowers who made a disclosure of improper conduct in good faith.

5. The Department of Public Service and Administration is in the process of developing a Whistle-Blowers guide in collaboration with the Witness Protection Unit, aimed at creating awareness for public servant whistle-blowers to follow when reporting corruption.

6. The PSC also presented to the NPCOC a need to relook at the Cabinet approved National Anti-Corruption Hotline revamping and upgrading of the system, to be modernised and capacitated fully to operate 24/7. The PSC approached the Criminal Assets Recovery Accounts (CARA) fuding for revamping of the NACH.

7. The Department of Justice and Constitutional Development has already started the process of strengthening the protection of whistle-blowers through the amendment of the Protected Disclosures Act of 2017.

8. In conclusion, an upgraded National Anti-Corruption Hotline and a strategically placed and well-resourced Whistleblowing Protection House will add value to the Government’s fight against corruption and the protection of whistle-blowers.

End