Thesis (MComm)--Stellenbosch University, 2015. / ENGLISH ABSTRACT: Corruption in South Africa has become a topical issue, especially in the public sector. Public officials are expected to uphold the public interest, but corrupt officials abuse public office for personal gain. Corruption has many forms and facets and it occurs on both large and petty scales. Despite the scale, corruption has negative consequences, such as the loss of public confidence, the undermining of efficiency in service delivery and the diversion of resources. The reporting of corruption through whistle blowing is important because it alerts the organisation of corrupt activities that have been witnessed. However, even though whistle blowers disclose corrupt activities which are detrimental to the public interest, they often experience retaliation, for example harassment, victimization and threats. Whistle blowers are thus often reluctant to blow the whistle. The South African government has enacted legislation, in particular the Protected Disclosures Act (2000), which protects whistle blowers from retaliation; however, in itself this may not be sufficient to encourage employees to blow the whistle. Organisations therefore need to devise effective whistle blowing mechanisms and create a culture of transparency that encourages employees to blow the whistle In light of the above, this study focuses on employee perceptions of whistle blowing mechanisms within Stellenbosch Municipality as a case study, with the primary objective of ascertaining the importance of whistle blowing in curbing corruption in the public sector. The study also investigates the extent to which employees are well informed on whistle blowing legislation and other mechanisms. Additionally the study focuses on the challenges and the consequences that whistle blowers face when they expose corruption. A literature review was also conducted to explore the conceptualisation of whistle blowing, corruption and anti-corruption strategies. From the literature review, it became evident that there is a need for the effective management and application of whistle blowing mechanisms to effectively curb corruption. The research design used was methodological triangulation; this consisted of a quantitative research method, namely a structured questionnaire, as well as a qualitative research method, namely semi-structured interviews. The different methods were used because they allowed for a more comprehensive approach to the study. Ninety-eight respondents, who are employees of Stellenbosch Municipality, participated in the study by completing the questionnaire. The results of the study indicate that the majority of respondents view the term whistle blowing negatively which might contribute to why individuals are reluctant to blow the whistle. Furthermore, employees agreed unanimously that they lacked confidence in their manager/supervisors to deal with disclosures of corruption. Based on the findings of this study, Stellenbosch Municipality is commended for its efforts in developing a Fraud and Corruption Policy and establishing a Fraud Hotline. However, there should be enhanced protection of whistle blowers at the Municipality in order to encourage employees to blow the whistle on any corruption that they witness in the organisation. The study contributes to anti-corruption research, and in particular whistle blowing mechanisms within the public sector in South Africa. / AFRIKAANSE OPSOMMING: Korrupsie in Suid-Afrika is 'n aktuele kwessie, veral in die openbare sektor. Van staatsamptenare word verwag om openbare belang te prioritiseer, maar korrupte amptenare misbruik hul staatsamp vir persoonlike gewin. Korrupsie het baie vorme en fasette en kom voor op groot en klein skaal. Ongeag die skaal het korrupsie negatiewe gevolge, soos die verlies van vertroue deur die publiek, die ondermyning van doeltreffendheid in dienslewering en die misbruik van hulpbronne. Die aanmelding van korrupsie deur die fluitjie te blaas is van groot belang omdat dit organisasies inlig oor korrupte aktiwiteite wat opgemerk word. Selfs al word korrupte aktiwiteite, wat nadelig is vir die openbare belang, aangemeld deur fluitjieblasers, ervaar hulle dikwels vergelding deur die beweerde partye, byvoorbeeld teistering, viktimisering en dreigemente. Fluitjieblasers is dus dikwels huiwerig om die fluitjie te blaas. Die Suid-Afrikaanse regering het wetgewing uitgevaardig, veral die Wet op Openbare Bekendmakings (2000), wat fluitjieblasers teen weerwraak beskerm; hierdie wetgewing alleen mag egter nie voldoende wees om werknemers aan te moedig om die fluitjie te blaas nie. Organisasies moet dus effektiewe fluitjieblaas meganismes ontwikkel en 'n kultuur van deursigtigheid skep wat werknemers sou aanmoedig om die fluitjie te blaas. In die lig van bogenoemde, fokus hierdie studie op werknemer persepsies van fluitjie-blaas binne die Stellenbosch Munisipaliteit as 'n gevallestudie, met die oorhoofse doel om die belangrikheid van fluitjie-blaas as meganisme om korrupsie in die openbare sektor te bekamp, vas te stel. Die studie ondersoek ook tot watter mate werknemers ingelig is oor fluitjieblaas wetgewing en ander meganismes. Daarbenewens fokus die studie op die uitdagings en die gevolge wat fluitjieblasers in die gesig staar wanneer hulle korrupsie ontbloot. 'n Literatuurstudie is ook gedoen ten einde die konseptualisering van fluitjie blaas, korrupsie en anti-korrupsie strategieë te verken. Uit die literatuuroorsig, het dit duidelik geword dat daar 'n behoefte is aan doeltreffende bestuur en toepassing van fluitjie blaas meganismes om korrupsie teen te werk. Metodologiese triangulasie is as navorsingontwerp gebruik; dit bestaan uit 'n kwantitatiewe navorsingsmetode, naamlik 'n gestruktureerde vraelys, sowel as 'n kwalitatiewe navorsingsmetode, naamlik semi-gestruktureerde onderhoude. Die verskillende metodes is toegepas aangesien dit lei tot 'n meer omvattende benadering tot die studie. Agt en negentig persone, in diens van Stellenbosch Munisipaliteit, het aan die studie deelgeneem deur die vraelys te voltooi. Die resultate van die studie dui daarop dat die meerderheid van die respondente die term “fluitjie blaas” as negatief beskou, wat kan bydra tot ‘n huiwering deur indiwidue om wel die fluitjie te blaas. Verder dui die resultate eenvormig daarop dat werknemers nie vertroue het in hul bestuurder / toesighouers om die openbaarmaking van korrupsie te hanteer nie. Gebaseer op die bevindinge van hierdie studie, word die Stellenbosch Munisipaliteit geprys vir sy pogings met die ontwikkeling van 'n bedrog en korrupsie beleid en die vestiging van 'n bedrogblitslyn. Beskerming van fluitjieblasers by die Munisipaliteit moet egter verbeter word om sodoende werknemers aan te moedig om die fluitjie te blaas oor enige korrupsie wat opgemerk word in die organisasie. Die studie dra by tot anti-korrupsie navorsing, en in besonders, fluitjie-blaas meganismes binne die openbare sektor in Suid-Afrika.

The African National Congress inherited a country with high levels of unemployment, deepening poverty and inequalities. These socio-economic challenges were the result of the previous apartheid regime‟s reliance on racism to conduct its affairs such as the distribution of basic services and socio-economic wealth of the country. As such, the African National Congress (ANC) came up with different policies and programmes aimed at significantly transforming these skewed and racialised socio-economic conditions. Socio-economic empowerment was identified as one of the key programmes to be championed by the new democratic government led by the ANC. To this end, tenders or public procurement formed a vital element of the economic strategies that were put in place as a means of empowering black entrepreneurs with a view that they will in turn empower others through the means of „trickledown‟ economics. Tender guidelines were designed to advance this programme in a transparent, fair and cost-effective way. Contrary to this noble idea, the practice of tenders has become synonymous with acts of bribery and financial kickbacks which are serious forms of corruption. In this regard, the electronic and print media report daily about government officials, public servants, politicians and business people who have found a way of manipulating tender rules and other economic empowerment policies to enrich themselves at the expense of the people of South Africa. This study focuses on tenders and corruption in the post-apartheid era. It reviews key programmes such as the Reconstruction and Development Programme (RDP), Batho Pele, Masakhane, Affirmative Action (AA) and Black Economic Empowerment (BEE). The study claims that while these programmes were important, the lack of moral or ethical leadership at all levels of society ate into the moral fibre upon which these programmes were based. On the basis of the evidence presented, this study concluded that the ANC-led government was correct in using public procurement as one of its methods to address the legacy of Apartheid. However, the research study also confirmed that corruption is essentially a moral or ethical problem and as such there should be an ethical solution to it. While there are many ethical perspectives, this study found that African ethics in general and Ubuntu in particular is the most relevant type of ethic that could be used as a panacea to corruption. / Thesis (M.A.)-University of KwaZulu-Natal, Pietermaritzburg, 2012.

Public Administration / M. Admin. (Public Administration)

Public Administration and Management / M. Admin. (Public Administration)

This study was encouraged by the fact that the theoretical terrain of ethics in public administration and management posits that, despite the existence of a code of conduct that regulates the conduct of municipal functionaries and councillors at local government sphere, the ethics in practice in general are still illusive. All this revolves around the main guiding research objective for this study which was to examine the reception of a code of conduct by municipal functionaries and councillors at the Capricorn District Municipality in the Limpopo Province. In exploring the main question of this study, the researcher developed an understanding of the concept ethics in Public Administration by selecting ethics theories namely: consequentialism, deontology and virtue theories. From the lesson learnt, it is evident that throwing around charges about which theory is truly ethical and which one should be followed or should guide municipal functionaries and councillors in making policy decisions is pointless. There is no ethical system which appeals to all people, or even to the same person in different situations. It is undoubtedly the case that consequentialists, deontologists and those who stand by virtue theories can each be sincere in believing their system embodies goodness and morality. The formulation of the Code of Conduct for the South African local government indicates the commitment of the South African government to enhancing ethical conduct. This Code contains a uniform set of ethical guidelines and applications for use throughout local government. It is also clear that the Code of Conduct has been drafted so as to be as clear as possible, but a detailed standard of conduct and disciplinary measures are not provided. This is a great challenge as it poses concerns about the accountability of municipal functionaries and councillors, and about how disciplinary measures on unethical conduct of politicians and officials should be handled. Chapter 3 forms an understanding of how culture, religion and language have ethical significance for community and tradition particularly when municipal functionaries and councillors make decisions. The promotion of an appropriate local government culture posits that, in order for a municipal manager and a mayor to make better decisions, they must take the need to understand the diversity of the local government into consideration. The most important point to be drawn from chapter 4 is that, besides legal instructions, the nature and influence of human behaviour through leadership and ethics infrastructure such as appointing an ethics officer and using whistle blowing as a system to enhance ethical conduct is important. In outlining the statutory and regulatory framework that directs public officials and politicians’ ethical conduct in South Africa, it was identified that South Africa is highly conscious of differences between individuals; therefore it is unlikely that legislation and current initiatives will suffice to enforce ethical behaviour among public officials, councillors and municipal functionaries. Another finding of this study is that the only official document available as the Code of Conduct for local government can be found in the Local Government Municipal Systems Act 32 of 2000 in Schedule 1 and 2, and also in the Local Government Municipal Structures Act 117 of 1998 in Schedule 5. This finding is an indicative that South African local government does not have an official Code of Conduct as a separate document for ethical conduct. Following this finding, the recommendation is therefore that a separate document should be designed, formulated and emphasised. / Public Administration and Management / D. Litt. et Phil. (Public Administration)

This study was encouraged by the fact that the theoretical terrain of ethics in public administration and management posits that, despite the existence of a code of conduct that regulates the conduct of municipal functionaries and councillors at local government sphere, the ethics in practice in general are still illusive. All this revolves around the main guiding research objective for this study which was to examine the reception of a code of conduct by municipal functionaries and councillors at the Capricorn District Municipality in the Limpopo Province. In exploring the main question of this study, the researcher developed an understanding of the concept ethics in Public Administration by selecting ethics theories namely: consequentialism, deontology and virtue theories. From the lesson learnt, it is evident that throwing around charges about which theory is truly ethical and which one should be followed or should guide municipal functionaries and councillors in making policy decisions is pointless. There is no ethical system which appeals to all people, or even to the same person in different situations. It is undoubtedly the case that consequentialists, deontologists and those who stand by virtue theories can each be sincere in believing their system embodies goodness and morality. The formulation of the Code of Conduct for the South African local government indicates the commitment of the South African government to enhancing ethical conduct. This Code contains a uniform set of ethical guidelines and applications for use throughout local government. It is also clear that the Code of Conduct has been drafted so as to be as clear as possible, but a detailed standard of conduct and disciplinary measures are not provided. This is a great challenge as it poses concerns about the accountability of municipal functionaries and councillors, and about how disciplinary measures on unethical conduct of politicians and officials should be handled. Chapter 3 forms an understanding of how culture, religion and language have ethical significance for community and tradition particularly when municipal functionaries and councillors make decisions. The promotion of an appropriate local government culture posits that, in order for a municipal manager and a mayor to make better decisions, they must take the need to understand the diversity of the local government into consideration. The most important point to be drawn from chapter 4 is that, besides legal instructions, the nature and influence of human behaviour through leadership and ethics infrastructure such as appointing an ethics officer and using whistle blowing as a system to enhance ethical conduct is important. In outlining the statutory and regulatory framework that directs public officials and politicians’ ethical conduct in South Africa, it was identified that South Africa is highly conscious of differences between individuals; therefore it is unlikely that legislation and current initiatives will suffice to enforce ethical behaviour among public officials, councillors and municipal functionaries. Another finding of this study is that the only official document available as the Code of Conduct for local government can be found in the Local Government Municipal Systems Act 32 of 2000 in Schedule 1 and 2, and also in the Local Government Municipal Structures Act 117 of 1998 in Schedule 5. This finding is an indicative that South African local government does not have an official Code of Conduct as a separate document for ethical conduct. Following this finding, the recommendation is therefore that a separate document should be designed, formulated and emphasised. / Public Administration and Management / D. Litt. et Phil. (Public Administration)