The Protected Disclosures Act 26 of 2000 makes provision for the protection of employees or workers who make protected disclosures.
Whistleblowing is an important tool in identifying, preventing and eradicating criminal conduct, irregular activities, and other improprieties in both the public and private sectors.
In the Judicial Commission of Inquiry into State Capture Report (Part 1), Chief Justice Raymond Zondo noted that whistle-blowers are amongst the most effective weapons against corruption. He remarked that: “Recent events in South Africa … make it the highest priority that a bona fide whistle blower who reports wrongdoing should receive, as a matter of urgency, effective protection from retaliation.”
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The Protected Disclosures Act 26 of 2000 (PDA) makes provision for the protection of employees/workers who make protected disclosures (or “blow the whistle”, as it were). It does this by, among other things, placing certain obligations on employers to ensure that employees who make protected disclosures are protected from any reprisals because of having done so. This article briefly highlights some of these obligations in terms of the PDA.
General obligations for employers
Section 6(2)(a) of the PDA provides that every employer must: authorise appropriate internal procedures for receiving and dealing with information about improprieties; and take reasonable steps to bring the...
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