The Public Service Commission (PSC) releases a Report on the Trend Analysis on Complaints Lodged with the PSC during the period 2005/2006 – 2009/2010

07 December 2011

 A. BACKGROUND

The Public Service Commission (PSC) receives a large number of complaints from both members of the public and public servants through the National Anti-Corruption Hotline as well as the Complaints Rules, i.e. rules of the PSC for lodging of complaints regarding the Public Service. The complaints range from poor service delivery related to alleged corruption practices in the Public Service. Accordingly, the PSC has analysed all complaints lodged with the Commission during the 2009/2010 financial year through the Complaints Rules (i.e. both corruption and non-corruption related complaints) as well as non-corruption related complaints lodged through the National Anti-Corruption Hotline (NACH) and subsequently compiled the above-mentioned report.

B. KEY FINDINGS

1. Total number of complaints lodged with the PSC via the NACH and Complaints Rules

1. The Report reveals that 279 complaints were lodged with the PSC during the 2009/2010 financial year.
2. This is the lowest number of complaints lodged with the PSC since the inception of the Complaints Rules and NACH in 2002 and 2004 respectively. For example, 322 complaints were lodged with the PSC during the 2008/2009 financial year compared to the 279 complaints lodged during the 2009/2010 financial year, thus representing a 13.3% decline.
3. The majority of complaints lodged with the PSC during the 2009/2010 financial year implicated National Departments (56%).
   

1. The PSC received complaints from a variety of sources, including public servants, members of the public and Members of Parliament (MPs)/Members of Provincial Legislatures (MPLs)/Executive Authorities (EAs).
2. The Report reveals that 30% of complainants in the 2009/2010 financial year chose to remain anonymous, compared to the 34% and 36% in the previous two reporting period (2007/2008 and 2008/2009).
3. In the 2009/2010 financial year, the majority of complainants (70%) identified themselves. This increase in self-identification by complainants/whistleblowers could be indicative of the confidence they have in the Protected Disclosures Act, 2000, which states that whistleblowers should be protected.
   

3. Types of complaints lodged with the PSC via the NACH and Complaints Rules

1. The Report reveals that the complaints lodged with the PSC during the 2009/2010 financial year related to a variety of matters ranging from Human Resource related issues such as recruitment, selection and the filling of posts, to irregularities such as the transgression of prescripts relating to supply chain management.
2. The majority of complaints lodged with the PSC during the 2009/2010 financial year related to unethical behavior (i.e. 117 complaints or 42%) such as the irregular filling of posts or the abuse of power.
3. The Report also reveals that the second highest number of complaints lodged with the PSC during the 2009/2010 financial year related to incidents of poor service delivery (i.e. 44 complaints or 16%). However, this was not the case in the 2008/2009 financial year where the second highest number of complaints related to HR matters.
   

1. The findings of the study show that 165 complaints (58%) handled by the PSC during the 2009/2010 financial year were finalised and closed. Of these, the majority (i.e. 122 complaints or 74%) did not fall within the PSC’s Constitutional mandate and could therefore not be investigated by the PSC. In such instances complaints were referred to the relevant institutions with the necessary jurisdiction for further handling and complainants were informed accordingly.
2. In respect of complaints that did not fall within the PSC’s Constitutional mandate, 15 investigations were conducted through desk-top audits where the veracity of allegations made were determined. Seven complaints related to unethical behaviour, four to HR matters, three to service delivery and the remaining one to racism.
3. The number of complaints lodged with the PSC that did not meet the criteria set by the Complaints Rules (for example, those that lacked enough detail to facilitate investigations), increased from six complaints in the 2008/2009 financial year to 23 complaints in the 2009/2010 financial year.
   

1. The Report reveals that 11 complaints out of the 15 that the PSC investigated during the 2009/2010 financial year (i.e. 75%) were not substantiated.
2. This trend also occurred during the 2007/2008 and 2008/2009 financial years where the majority of complaints investigated and finalised were not substantiated (i.e. 71% of complaints in 2007/2008 and 91% of complaints in 2008/2009).
   

1. Given the poor response rate by departments, resulting in reminders that have to be forwarded to EAS/HODs, the PSC recommend that both EAs and HoDs must ensure that requests in this regard are treated with the necessary urgency.
2. Departments should ensure that they have adequate investigative capacity that would ensure that complaints referred to them are investigated timeously and that comprehensive feedback is provided to the PSC.
3. Since the majority of the complaints lodged with the PSC during the 2009/2010 financial year related to unethical behavior, followed by complaints relating to poor service delivery, the PSC recommends that departments:

• establish the causes of such complaints
• institute focused corrective measures prioritising the dominant type of complaints to prevent/limit the recurrence of similar complaints in future
• conduct workshops/training sessions among their employees during which acceptable conduct (especially in relation to interaction with the Public) is highlighted
• launch campaigns to promote professional ethics in the Public Service
• ensure that key service delivery mechanisms are put in place.

4. There is a need for the Offices of the Premiers to play an active role in ensuring that the complaints raised implicating Provincial departments are addressed. At the National Sphere, the Department of Public Service and Administration (DPSA) should ensure that complaints raised implicating National departments are also addressed. The PSC is of the view that this approach will contribute towards limiting the occurrence of corruption in the Public Service.
5. In view of the fact that the PSC is not only involved in the investigation of complaints by means of the conducting of desk-top audits, but also by means of full scale in-loco investigations, there should be an increase in the financial and human resources to allow the PSC to execute its mandate successfully.
   

National Anti-Corruption Hotline: 0800 701 701