**2. Legislative framework**

There is an extensive number of good legislative frameworks designed to address issues of corruption, ethics, maladministration, etc.

#### **2.1 Constitution of the Republic of South Africa of 1996**

Chapter 10, Section 195 of the constitution advocates for the following:


*Promoting Ethics in the South African Public Sector: One Block of a Puzzle towards Curbing… DOI: http://dx.doi.org/10.5772/intechopen.108425*

#### **2.2 Prevention and combating of corruption activities act 12 of 2004**

This is the main legislative prescript developed to deal with corruption matters in South Africa. The Act makes provisions for the following:


#### **2.3 The protected disclosures act 26 (2000)**

This covers employees in both the public and private sectors. Employees are supposed to disclose unlawful and irregular misconduct involving their employer and fellow employees. This act also makes provision for the protection of employees, provides information and makes known the unlawful and irregular as indicated in the Act.

#### **2.4 Whistleblower protection act (2014)**

This act aims at the establishment of mechanisms with regards to receipt of complaints that relate to disclosure of allegations of corruption and wilful misuse of power or wilful misuse of discretion against any public servant. It also aims to enquire about such disclosure and guard against victimisation of whistleblowers and related matters and other incidents.

#### **2.5 Public service code of conduct**

The code of conduct was developed in order to support and bring practicality to the provisions of the constitution relating to the public services. All public service employees are expected to adhere to the code of conduct. The code provides guidelines for what is expected of the employees with regard to ethical conduct. This applies to employees' individual conduct and their relationship with others. In an attempt to enhance professionalism and ensure confidence, compliance with the code is important.

#### **2.6 Public sector integrity management framework**

The framework was introduced to strengthen measures and standards for managing integrity and promoting ethical conduct in the public sector. It entails measures for managing unethical conduct that may arise because of financial interests, gifts,

hospitality and other benefits, post-public employment and remunerative work outside the public sector. Further proposals have been made in respect of deployment of ethics officers in the public sector and minimum conduct requirements.

#### **2.7 Public service regulations, 2016**

Public Service Regulations, 13 (c) prohibits employees from conducting business with state institutions or directing a public or private company to do business with state institutions. As in the prevention and combating of corruption act, employees are obliged to make known with immediate effect to the relevant persons and any act of unethical conduct that comes to his or her knowledge while serving in public office.

#### **2.8 Public administration management act 2014**

Among others, the aim of this Act is to market the essential values and principles governing the general public administration brought up in Section 195(1) of the constitution; to determine the general public administration ethics, integrity and disciplinary technical assistance unit; to assist the Minister to determine minimum norms and standards for public administration and to institute the office of standards and compliance to confirm compliance with minimum norms and standards.
