There should be appropriate procedures and sanctions to deal

Mechanisms for the discovery and investigation of for example corruption are a necessary part of an ethics infrastructure. There have to be procedures and resources that can be relied upon for monitoring, reporting and investigating breaches of public sector rules, as well as commensurate administrative or disciplinary sanctions to discourage misconduct. Managers should use proper judgement in using these mechanisms when actions need to be taken (http://www1.oecd.org/puma/ethics/pubs/rec98/re98.htm.)

In 2002 a survey of the South African basic ethics infrastructure was done by KPMG, Transparency South Africa and the Public Service Commission. The aim of this survey was to establish the extent to which the private sector, civil society organisations and the public sector succeeded in establishing a basic ethics infrastructure. This study revealed basic flaws in the ethics infrastructure. Although codes of conduct and confidential reporting mechanisms are in place and whistle blower protection mechanisms exist, it still seems as if all

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organisations have not been able to incorporate ethics management practices into existing management processes. A senior manager needs to be appointed to implement the ethics responsibility and there is a general lack of knowledge in terms of the practical application of the code of conduct. It should be kept in mind that the existence of a code of conduct does not imply that new (or even existing employees) are aware of its implications. Ethics must be seen as a core strategic issue and this can only be achieved if there is sufficient, meaningful leadership (Public Service Commission 2002).

In South Africa, organisational fraud and theft, financial management procedures, workplace safety, security of information and racial discrimination are some of the most pertinent ethical issues. It also seems as if financial risks are still considered more favourably by wrongdoers than losing their reputations. Public organisations need to start focussing more on effective, successfully implemented ethics policy, the measurement of ethical performance and assigning clear responsibility for ethics at the senior management level (Public Service Commission 2002).

Glazer and Glazer (1999:279) argue that whistle blowers are usually professional people with integrity and close ties to the community and religious activities. Integrity is a set of moral and ethical principles, applied when two or more parties engage with one another. These principles are applied by and must therefore be acceptable to both the trustor and the trustee to reach a fair agreement. According to Bews (2000:23), a higher level of trust between the trustor and trustee will exist when the principles are applied. However, Dandekar (1993:93) argues that a whistle blower is a member or a former member trusted with privileged information. The role of competency is an important one to engage with when dealing with information. Competency can be defined as "ability in that group of skills, competencies, and characteristics that enable a party to have influence within some specific domain" (Bews 2000:31). This is when a whistle blower blows the whistle, because he or she has access to relevant information

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and decides to disclose it. The reason for disclosure is to alert the public if it is in the interest of the public. This is where trust (see section 3.2.6) plays an important role in giving credibility to the whistle blower as a person (see chapter four).

Dandekar (1993:93) argues for a more focused view of trust in the organisation, because it allows for more transparency within the organisation. A person might recognise irregularities in the organisation and try to discover a way to correct them. According to Bews (2000:19), trust is an important aspect of the human condition but not something that automatically exists. It must be nurtured if it is to become a vital factor in relationship building. Therefore trust can be defined as a "… voluntary action of one party, flowing from evaluation, based on the social skills of that party, concerning the potential of another, or others, not to take advantage of the vulnerability of the first party" (Bews 2000:19).

The vulnerability of the party in question is safeguarded if there is a level of openness between the parties. If the whistle blower has trust in the organisation he or she will feel comfortable that the information can flow freely without any interruptions and without fear of retaliation. A relationship that only involves a certain level of trust may not sustain a good relationship. By giving information the informant implies that there is a deeper level of trust and that the trust level may be improved. Withholding information could have a negative impact on the relationship, so that the issue of integrity is at stake as well. The whistle blower must ensure that he or she does not step over the demarcated line within the relationship between him or her and the organisation, but must not allow the organisation to infringe upon his or her freedom.

Geertz (1973:137) argues that one has to distinguish between organisational culture as a model of the world (a set of ideas and assumptions that provide explanations about the complicated world employees function in) and a model for the world (which teaches ethical behaviour).

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Many times when there is no openness within the relationship, the trust level breaks down. This is because the abovementioned factors were not in place and the trustor did not feel confident enough to confide in the trustee. When such relations break down, it creates a negative environment for both the trustor and trustee. The loyal person that worked within the organisation no longer confides in the organisation, while the organisation does not know whether the individual will continue to be trustworthy.

3.10 Summary and conclusions

Ethical values of integrity, accountability and equity must be part of the values of the public sector organisation. Public officials must realise that they occupy a unique position in society and that the promotion of the general welfare of the community must be their first priority. Their unique position must not be used for the furtherance of their ideals and public officials must adhere to ethics which are seen as a system of moral principles and prescribed by the Public Service Code of Conduct. The values and morals by which the public official lives as an individual in a community has a direct influence on his or her position as a public official, since it should never be forgotten that the public official is first and foremost an individual member of a particular community.

Consideration must continually be given to the existence of values and morals deemed by the public to be sound and desirable as well as providing the background for sound transparent administration. Acknowledgement and manifestation of the value norms of public administration in the conduct of the authorities would also serve as a guideline for public officials in the performance of their official duties. As soon as the public official takes a serious interest in his or her ethical behaviour and is not to be confronted by ethical dilemmas, a cornerstone of good government has been laid in which sound public administration is possibly enjoying the trust of the community it serves. Ethics are

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essential for sound transparent public administration and when viewed in conjunction with values and morals, serve as the cornerstone of transparent public administration.

A very close and delicate relationship is also likely to exist between whistle blowing and trust, as the decision to report relies largely on trust. Trust might strengthen the commitment to the organisation, and therefore the chances that individuals would want to manage the situation through established internal controls in a co-operative manner. It makes whistle blowing less threatening, and may encourage a culture of authorised disclosures. It may benefit the organisation, and more particularly the larger public sector as a whole, by creating the perception of whistle blowing as positive and rewarding phenomenon in the workplace.

Research has shown that moral reasoning characteristics of employees might be a determinant in an employees’ propensity to blow the whistle. The variables of “…ethics, values, morals, loyalty and trust” have an “… influence on the process of whistle blowing in an organisational setting.” (see section 1.9). Ethical conduct form one of the cornerstones of good governance.

Ethical dilemmas occur in most countries and many public officials will be confronted with ethical dilemmas while employed in the public sector. Although it is essential that corruption, in whatever form it may appear, has to be dealt with promptly, it is not always easy for public officials to become whistle blowers. Public officials must be fully aware of the risks are taking when reporting corruptible behaviour; the failure to prove such allegations could have serious consequences for the public official. Nevertheless it is essential to embark on such a course of action if he or she is of the opinion that the values and morals of his or her society are jeopardised by the presence of unethical and corruptible behaviour.

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It is clear that a code of conduct is of importance in ensuring that the public official fulfils his or her duties in an ethical manner and that the values and norms of the community are protected by the code of conduct against possible immoral, criminal and unethical behaviour. There is a need for guidelines against which public officials can measure their behaviour. To ensure an honest government, a code of conduct which can guide and direct the actions of public officials is essential; otherwise it would be virtually impossible to define what constitutes unethical behaviour.

The drawing up of the code of ethics for the South African public sector is an indication of the seriousness of the South African government to combat unethical and unacceptable behaviour among public officials and to stress the importance of ethical and moral conduct. The divergent nature of South African society, which is also depicted in its public sector, and the influence of the different cultures, values and norms on the public officials coming from this differentiated society, emphasise the importance of the development of a uniform set of ethical guidelines applicable throughout the entire public sector against which the actions and behaviour of public officials can be measured. It is vital that public officials are made aware through training and education of unethical and corruptible behaviour, if the battle against corruption is to be won.

A leader is the most important influence on the culture of an organisation and has the responsibility of creating trust and credibility. It was found that governments must promote ethical conduct by adhering to guiding values and by establishing infrastructure to manage the process. It was furthermore established that unethical conduct manifests itself through election fraud, official violence and institutional misconduct. To combat such manifestations, it is important to utilise remedies. Possible remedies include the use of whistle blowers, monitoring and investigation, transparency, clear rules and guidelines, political leadership, statutory guidelines, accountability, incentives and training. Apart from these remedies, government should also establish formal mechanisms to ensure

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ethical governance. In the South African context some such formal mechanisms would include the Auditor-General and the Public Protector.

Public officials occupy a unique position in society and the promotion of the general welfare of the community must be their first priority. Their unique position should be used to promote their own ideals and they have to adhere to ethical standards, in other words, systems of moral principles. The values and morals by which public officials live their lives as individuals within a community have a direct influence on their position as public officials, as they are individual members of a particular community first and foremost.

Consideration must always be given to existing values and morals deemed to be sound and desirable by the public. Such values and morals provide a solid base for transparent administration. Ethical dilemmas occur in most public sectors. All public officials are bound to be confronted by such dilemmas while they are in the employ of the public sector. Although it is essential for corruption, in whatever form it might appear, to be dealt with swiftly, it is not always easy for public officials to become whistle blowers. Public officials must be fully aware of the risks they are taking when informing on suspected corruption or other wrongdoings; the failure to provide sufficient proof for such allegations could have serious consequences. It is essential that public officials should only embark on such a course of action if they are sincerely of the opinion that the values and morals of the society to which they belong are in serious jeopardy as a result of unethical and corrupt behaviour.

It is clear that a code of ethics of some form is very important to ensure that public officials fulfil their duties in an ethical manner. The values and norms of the community should also be protected by such a code of ethics. Furthermore, there should be guidelines against which public officials can measure their behaviour. To ensure honest government, a code of ethics should direct and

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guide the actions of public officials; otherwise, it would be virtually impossible to define what constitutes unethical behaviour.

The formulation of the code of conduct for the South African public sector indicates the commitment of the South African government to combat unethical and unacceptable behaviour among public officials. These measures contain a uniform set of ethical guidelines applicable throughout the entire public sector. Public officials, through training and education, should also be made aware of unethical and corrupt behaviour if the fight against corruption is to be successful. Current and future demands in terms of ethical and accountable governance will place increasing emphasis on ethical behaviour and professional competence. Public officials and political office bearers should serve society through actions directed at promoting the public interest. If people do not recognise the activity they may be witnessing, or in which they may be participating as corrupt or at least as undesirable or harmful, then they are not likely to react to it as such. If they do recognise behaviour as unethical and corrupt, but believe that, for example, such behaviour is appropriate within the given circumstances, they are also unlikely to attempt to change the behaviour. It is therefore crucial that the understanding of public officials of what constitutes unethical and corrupt behaviour should be harmonised.

Public officials should always have the public interest in mind whenever they are fulfilling their duties; taxpayers' money is involved, of which it should be possible to give proper account, in public, at any time. However, as soon as public officials use their public office for private enrichment, this immediately constitutes corrupt behaviour. Corruption is an intentional act with public officials knowing what their duties are but preferring to neglect them or fail to perform them in order to attain personal gain. Corruption also occurs if public officials act beyond their duties in an unethical and immoral manner, thus displaying a lack of honesty and integrity; the latter two are essential characteristics of any public official serving the public.

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Governments should make every effort possible to eliminate possible causes of unethical and corrupt behaviour. Some such causes could include deficient control, a lack of accountability, complex legislation and inadequate procedures and information. There appears to be conflict between traditional values and the systems governing the behaviour of public officials on the one hand and the modern roles they are expected to play on the other. Public officials try to meet these standards, but there are weaknesses in the procedures for maintaining and enforcing them. As a result, people in public life are not always as clear as they should be about the boundaries of acceptable conduct.

Public employees operate in a changing world. They are subject to ever greater public scrutiny and increased demands from citizens. As a result they have to render better and more responsive services, but within a context of stricter limits on resources. They also have to assume new functions and responsibilities as a result of devolution and greater managerial discretion, as well as the increased commercialisation of the public sector.

High standards of conduct in the public sector have become a critical issue for governments. Preventing misconduct is as complex as the phenomenon of misconduct itself and a range of integrated mechanisms are needed for success, including sound ethics management systems. Public management reforms involving greater devolution of responsibility and discretion for public servants, budgetary pressures and new forms of public service delivery constantly challenge traditional values in the public sector. The principles for the promotion of ethical behaviour have been identified and it is imperative that public officials know their rights and obligations when exposing wrongdoing. The variable influencing the whistle blower in disclosing wrongdoing will be the focus of chapter four.

CHAPTER FOUR

THE VARIABLES INFLUENCING THE WHISTLE BLOWER IN DISCLOSING WRONGDOING

4.1 Introduction

"One stone is enough against fifty clay pots". – Ethiopian proverb

When a person decides to blow the whistle on wrongdoing, he or she can do so internally or externally. For the purposes of this thesis a whistle blower is an employee making an unauthorised disclosure of information about criminal or irregular conduct along avenues that are not specified. This definition implies that a whistle blower is not protected under the Protected Disclosures Act 2000 (Act 26 of 2000) (the PDA).

In South Africa, external whistle blowing is regulated by the requirements of the PDA. After having examined the legislative aspects of protection for disclosures on wrongdoing in the PDA, as well as considering the ethical dimensions and dilemmas as important variables to the whistle blowing process, it is necessary to turn to the whistle blower and the process itself. This chapter therefore attempts to fulfil the objective to provide answers for the research questions identified in chapter one: "To what extent does the complexity in defining whistle blowing influence the dilemma of whistle blower protection?" and "What are the characteristics underlying the whistle blowing process?" (see section 1.6).

This chapter therefore sets out to consider which variables influence the whistle blower in making disclosures on wrongdoing, who whistle blowers are, what their characteristics are and how the process of whistle blowing occurs. The promulgation of legislation to protect whistle blowers has raised the hope that individuals within the public sector will contribute more to the eradication of corruption in their ranks.

Whistle blowers come from all the levels of an organisation and even from outside, although in many countries, legislation does not protect the latter. Whistle blowers may blow the whistle on sexual harassment, fraud, inadequate health and safety measures, harmful practices, breaches of regulatory requirements, money-skimming, or any other form of corruption.

According to Mbatha (2005:213) whistle blowers can usually be characterised as ordinary people who have a high standard of moral values expressed in