The Act details how instances of criminal or irregular conduct should be reported, preferably within the organization and only outside of the organization under certain circumstances. If the reported wrongdoing concerns one of the instances described above and is reported correct, the Act protects the whistle-blower from occupational detriment, including victimization or dismissal.

The Act also specifies remedies in cases where in employee is subjected to occupational detriment, including approaching a court with jurisdiction, such as the Labor Court. The remedy for unfair treatment may include re-instatement, removal of the discrimination, or two years' salary as compensation.

The Act further specifies that employees making protected disclosures, who reasonably believe that they may be adversely affected, must, at their request, be transferred to another post or position in the same or another division.

However, there are some weaknesses in the Act. The confidentiality of the whistle-blower is not protected, nor does the Act deal with defamation charges brought against a whistle-blower. The maximum compensation amount of 24 months' salary is also low, particularly when costs including protracted legal proceedings and negative perceptions by potential employers and the community are taken into account.

References: I-Net Bridge, 2006. Kebble saga shows whistle-blower law inadequate, Mail & Guardian online, April 10, 2006. Available at: [ LINK ]

Open Democracy Advice Centre (ODAC), [ LINK ]

Protected Disclosures Act (Act 26 of 2000). Available at: [ LINK ]

A 2007 survey conducted by the Open Democracy Advice Center (ODAC) that one in four South African respondents had blown the whistle, while three in four had not. Less than one-third of respondents had heard of the Protected Disclosures Act. Almost one-half of respondents felt the law does not effectively protect whistle-blowers, while less than one-third felt that the law does provide adequate protection.

Over the course of the last year, several cases of individuals employed in the public sector who suffered negative consequences as a result of whistle-blowing gained a high profile in media coverage. Rather than on corruption, these particular cases focused on poor conditions at medical treatment facilities. Two such cases related to medical staff at the Pollsmoor Prison, who disclosed a health care crisis to the Inspecting Judge of Prisons and Parliament.

Following this disclosure, nurse and hospital manager Adries Slinger was charged with keeping expired medicines in the hospital unit at Pollsmoor and failing to dispose of them, and was dismissed after a disciplinary hearing. However, his dismissal was found to be unfair by an arbitrator for the Public Health and Welfare Sectoral Bargaining Council, and he was awarded six months remuneration. The arbitrator found that the Department of Correctional Services failed to prove that the same rules and standards were applied to other hospital managers, although it was also noted that Slinger had been negligent in failing to ensure that all expired medication had been removed.

Dr Paul Theron was suspended by the Department of Correctional Services following this disclosure, but this was overturned by the Labor Court. Theron subsequently reached a settlement with the Departments of Health and Correctional Services, but stated that he would no longer work at Pollsmoor Prison, in spite of an order allowing him to do so. He stated, I cant work at Pollsmoor without the full cooperation of the Department of Correctional Services. I accept that in the present circumstances, that cooperation will not be forthcoming. Theron also faced a defamation claim brought against him by Correctional Services Minister Ngconde Balfour.

In late 2007, Dr Nokuzola Ntshona also faced disciplinary charges after making public statements on a spate of preventable infant deaths at the Frere Hospital Maternity Ward. After writing two letters raising concerns about the maternity ward, including one addressed to the Director-General in the Presidency, Ntshona was dismissed. In response, the Freedom of Expression Institute (FXI) commented: "the FXI remains highly disturbed by the state of free speech in the public sector&The 'acceptable' ways of voicing one's concerns seem consistently ignored, and the moment that public servants begin to be truly heard, they are victimized or criminalized."

It has also been reported that a whistle blower who exposed corruption at the Land Bank in 2007, where senior officials allegedly approved loans worth billions of rand for developments outside of the Bank's mandate, has been removed from the Witness Protection Program on the grounds that he and his family were no longer needed as witnesses. Media reports suggest that the family has filed papers against the Justice Department, and have lodged a complaint with the South African Human Rights Commission.

Also in 2007, Mike Tshishonga, former Deputy-Director General in the Department of Justice, was awarded 12 months' salary as well as legal costs by the Labor Courts. Tshishonga was suspended after he publicly disclosed corruption and nepotism within the liquidation industry, and blew the whistle when then-Justice Minister Penuel Maduna insisting on appointing his friend in lucrative cases.

In 2008, advocate Jeanetha Brink won a case against the Gauteng Shared Services Center. In 2006, Brink exposed fraud related to the provincial anti-corruption hot line, which included tip-offs not being investigated and the derailment of probes against senior Gauteng government officials. Several months after reporting, she was stripped of her duties and pushed to resign from the Gauteng Audit Services. This year, her resignation was declared forced and she was awarded one year's salary.

More recently, personnel who naval authorities believe disclosed classified information on the submarine SAS Manthatisa S101 to the Sunday Times are reportedly facing a court martial. The submarine was purchased under the controversial Arms Deal, and has been plagued by serious defects.

In an attempt to encourage the reporting of corrupt activities, the Public Service Commission operates a National Anti-Corruption Hotline (NACH) that allows for anonymous disclosures. In a 2007 report, the Public Service Commission (PSC) found that between Sept. 1, 2004 and Nov. 30, 2006, a total of 4,182 cases of alleged corruption were reported. After an evaluation, it was found that only 2,296 related to corruption. Most cases (60 percent) were reported anonymously, while 30 percent of callers were willing to disclose their personal details. About 8 percent of disclosures were made via e-mail, and 2 percent in person. Most cases referred (320) related to unethical behavior by public servants, including abuse of power and non-compliance with official working hours. Others included procurement irregularities (234), abuse of government vehicles (233), mismanagement of school funds (121) and corruption related to government RDP housing (115).

References: Eliseev, A., 2008. DA: explain corruption hotline irregularities, The Star, May 7, 2008. Available at: [ LINK ]

Naidoo, A., 2007. Whistle blowing seen as breaking ranks, Daily News, Sept. 28, 2007, p 5. Available at: [ LINK ] ODAC. Pollsmoor nurse vindicated: awarded six months salary by bargaining council, Press Statement. Available at: [ LINK ]" target="_blank">[ LINK ]

ODAC, 2007. Whistle-blowing, the Protected Disclosures Act, Accessing Information and the Promotion of Access to Information Act: Views of South Africans, 2007. Available at: http://www.opendemocracy.org.za

Power, M. and Maker, J., 2008. The Dud Submarine, Sunday Times, Aug. 3, 2008. Available at: [ LINK ]

Public Service Commission (PSC), 2007. Measuring the effectiveness of the National Anti-Corruption Hotline (NACH). Pretoria: Public Service Commission. Available at: [ LINK ]

SAPA, 2007. Frere hospital chief fired, SAPA, Sept. 28, 2007. Available at: [ LINK ]

SAPA, 2007. Prison whistleblower gets old job, SAPA, Dec. 7, 2007. Available at: [ LINK ]

SAPA, 2007. Public protector clarifies whistleblower case, Jan. 17, 2007. Available at: [ LINK ]

SAPA, 2007. Whistleblowers risk being fired, says FXI, SAPA, Aug. 24, 2007. Available at: [ LINK ]

Staff reporters, 2008. Land Bank graft whistleblower lives in fear, Pretoria News, June 30, 2008. Available at: [ LINK ]

Tilley, A., 2008. Navy whistle-blowers bring debate to the surface, Business Day, Aug. 20, 2008.

The Act details how instances of criminal or irregular conduct should be reported, preferably within the organization and only outside of the organization under certain circumstances. If the reported wrongdoing concerns one of the instances described above and is reported correct, the Act protects the whistle-blower from occupational detriment, including victimization or dismissal.

The Act also specifies remedies in cases where in employee is subjected to occupational detriment, including approaching a court with jurisdiction, such as the Labor Court. The remedy for unfair treatment may include re-instatement, removal of the discrimination, or two years' salary as compensation.

The Act further specifies that employees making protected disclosures, who reasonably believe that they may be adversely affected, must, at their request, be transferred to another post or position in the same or another division.

However, there are some weaknesses in the Act. The confidentiality of the whistle-blower is not protected, nor does the Act deal with defamation charges brought against a whistle-blower. The maximum compensation amount of 24 months' salary is also low, particularly when costs including protracted legal proceedings and negative perceptions by potential employers and the community are taken into account.

References: I-Net Bridge, 2006. Kebble saga shows whistle-blower law inadequate, Mail & Guardian online, April 10, 2006. Available at: [ LINK ]

Open Democracy Advice Centre (ODAC), [ LINK ]

Protected Disclosures Act (Act 26 of 2000). Available at: [ LINK ]

Also, there have been some recent cases of private sector whistle-blowers who have suffered negative consequences as a result of disclosure. For example, independent bread distributor Imraahn Mukaddam reported to the Competition Commission over price-fixing by Premier Foods, Pioneer Foods and Tiger brands, when bakeries raised bread prices in the Western Cape by identical amounts and cut the distributors' commission. Following this disclosure, he was subject to defamation and underwent numerous financial difficulties. However, the response of the Competition Commission has been to assert that the Commission functions "to protect competition and not individuals".

In addition, a recent study conducted by organized business on Corruption in the South African Private Sector highlighted the need for greater attention and support to whistle-blowers.

References: Business Against Crime South Africa and GTZ, 2007. Research Report on Corruption in the South African Private Sector. Conducted by Consulta Research, University of Pretoria Center for Business & Professional Ethics, and University of Pretoria Business Enterprises.

Business Unity South Africa (BUSA), [ LINK ]

Global Integrity, 2006. South Africa: 2006 Country Report. Available at: [ LINK ] Marud, M., 2008. Whistleblower: is it all worth it?, Cape Argus, July 30, 2008, p 5. Available at: [ LINK ]" target="_blank">[ LINK ]

Marud, M., 2007. Whistleblower promises bombshell, Cape Argus, Nov. 28, 2007, p 5. Available at: http://www.iol.co.za/index.php?set_id=1&click_id=594&art_id=vn20080730114055410C512001

Protected Disclosures Act (Act 26 of 2000). Available at: [ LINK ]

Peer Review Comments: It seems that private-sector whistleblowers are subjected, in practice, to similar prejudices as what the public-sector employees receive.

The Public Service Commission also has operated a National Anti-Corruption Hotline for Public Service since September of 2004 - a national, toll-free, non-stop hotline, along with a fax, email and mail reporting system. Reports to the hotline are re-directed to the relevant departments. Currently, some other government departments have also established reporting lines, such as the Ethical Helpline of the Independent Complaints Directorate (ICD) and the Anti-Fraud and Corruption Hotline of the South African Revenue Services (SARS). Moreover, anti-corruption hotlines have been established in some provinces, such as the Eastern Cape.

However, the PSC's National Anti-Corruption Hotline will eventually replace other existing hotlines in government departments and provincial administrations.

Civil servants, as well as members of the public, are also able to report suspicious activities, or lodge complaints online or via email, through the Office of the Public Protector and SARS. Each province also has an office where individuals can make walk-in disclosures. Finally, in cases where there are implications of organized crime, a report can be made to the Scorpions crime-fighting unit in person or on the phone.

References: Department of Public Service and Administration, 2003. Guideline for Minimum Anti-Corruption Capacity for Departments and Organizational Components in the Public Service. Available at [ LINK ]

Independent Complaints Directorate, Code of Ethics, Available at [ LINK ]

Institute for Security Studies, 2003. News Headlines: Eastern Cape establishes anti-corruption hot line. Available at: [ LINK ]

National Anti-Corruption Forum (NACF) of South Africa. Guide to the Prevention and Combating of Corrupt Activities Act: Reporting Corruption. Available at: [ LINK ]

National Anti-Corruption Hotline for the South African Public Service, [ LINK ]

Public Protector of South Africa, htp://www.publicprotector.org

Public Service Commission (PSC), 2008. Annual Report to Citizens for the 2007/8 Financial Period. Available at: [ LINK ]

Public Service Commission (PSC), 2007. Measuring the Effectiveness of the National anti-corruption hot line. Available at: [ LINK ]

South Africa info Gateway to the nation, 2004. Government's anti-corruption hot line, Dec. 20, 2004. Available at: [ LINK ]

South African Revenue Services, [ LINK ]

However, the Public Service Commission (PSC) has acknowledged the interrogation skills of operators as a problem area that hinders the effective functioning of the Hotline, and this has been confirmed in feedback from both national and provincial government departments.

Other government departments with internal reporting mechanisms in place, including the Independent Complaints Directorate, the South African Revenue Service, and the Department of Home Affairs, also employ full-time, professional staff in the operation of these mechanisms. However, a number of sources suggest that other national and provincial departments lack adequate institutional capacity to establish and maintain the reporting and investigating of cases of corruption.

References: Global Integrity, 2006. Country Report South Africa. Available at [ LINK ]

National Treasury, 2005. 2005 Estimates of National Expenditure. Available at [ LINK ]

Public Service Commission, 2008. State of the Public Service Report, 2008. Available at htp://www.info.gov.za/view/DownloadFileAction?id=80104

Public Service Commission, 2007. Measuring the Effectiveness of the National anti-corruption hotline. Available at [ LINK ]

South African Revenue Services, 2007. Annual Report 2006/7. Available at [ LINK ]

Other permanent anti-corruption units within various departments also receive regular funding, including those located in the Independent Complaints Directorate and the South African Revenue Service. Nonetheless, limited resources, especially in the provincial departments, are often cited as the reason behind poor feedback and investigation performance rates.

References: Global Integrity, 2006. Country Report South Africa. Available at [ LINK ]

National Treasury, 2005. 2005 Estimates of National Expenditure. Available at: [ LINK ]

National Treasury, 2008. 2008 Estimates of National Expenditure. Available at [ LINK ]

Public Service Commission, 2008. State of the Public Service Report, 2008. Available at [ LINK ]

Public Service Commission, 2007. Measuring the Effectiveness of the National anti-corruption hotline. Available at [ LINK ]

South African Revenue Services, 2007. Annual Report 2006/7. Available at: [ LINK ]

For instance, in 2006-2007, the PSC received feedback on only 30 percent of cases referred to provincial departments. Between September of 2004 and November of 2006, only 142 cases out of 2,296 referred to departments were closed, following the conclusion of an investigation. Reportedly, in some provinces such as KwaZulu-Natal, investigations have only begun six months after the original referral from the PSC. In spite of these reports, sources highlight that most of the serious allegations reported to the NACH have been dealt with in an appropriate period of time.

Reports suggest that other internal reporting mechanisms have also yielded positive results. For example, the 2006/07 Annual Report of the South African Revenue Service (SARS) underscored successful responses to fraud and corruption through numerous internal investigations, in which offenders were prosecuted and the relevant employees were dismissed, criminally charged, or both. The Independent Complaints Directorate also reported success in the handling of corruption allegations during 2006 and 2007.

References: Independent Complaints Directorate, 2007. Annual Report, 2006/7. Available at [ LINK ]

Mail & Guardian, 2008. Reported cases of Public Sector Corruption on the Rise, April 20, 2008, Available at: [ LINK ]

Public Service Commission, 2008. State of the Public Service Report, 2008. Available at [ LINK ]

Public Service Commission, 2007. Measuring the Effectiveness of the National anti-corruption hotline. Available at [ LINK ]

South African Revenue Services, 2007. Annual Report 2006/7. Available at [ LINK ]

Instead, a number of actions have been taken, which are reflected in the budget of the PSC. Each public service department is required to meet a minimum requirement of investigative capacity. However, it is also apparent that this is lacking in a number of departments. For example, only two provincial departments in the Free State had investigative procedures in place in 2007. Investigative capacity is stronger in other national and provincial departments, indicating varying degrees of compliance, capacity and implementation.

References: Global Integrity, 2006. Country Report: South Africa. Available at: [ LINK ].

Independent Complaints Directorate, 2007. Annual Report, 2006/7. Available at: [ LINK ]

Public Service Commission, 2008. State of the Public Service Report, 2008. Available at: htp://www.info.gov.za/view/DownloadFileAction?id=80104

Public Service Commission, 2007. Measuring the Effectiveness of the National anti-corruption hotline. Available at [ LINK ]

Public Service Commission, 2007. Third Consolidated Public Service Monitoring and Evaluation Report. Available at: [ LINK ]" target="_blank">[ LINK ]

South African Revenue Services, 2007. Annual Report 2006/7, Available at: [ LINK ]

National Treasury, 2008. 2008 Estimates of National Expenditure. Available at [ LINK ]

Public Service Commission, Third Consolidated Public Service Monitoring and Evaluation Report, 2007, Available at: http://www.psc.gov.za/docs/reports/2007/3rd%20Consolidated%20Report%202007.pdf

Peer Review Comments: The Public Service Commission (PSC) does not have the power or the institutional capacity to initiate investigations.