GUIDE TO THE PROTECTED DISCLOSURES ACT
No. 26 of 2000 (The Whistle-blowing Act)
Contents
Foreword
By: Prof Stan Sangweni
Introduction
Whistle-blowing in South Africa
Since February 2001 South Africa has had the most far-reaching
"state of the art" whistle-blowing legislation in the
world. Understood and applied effectively, the new legislation
known as the Protected Disclosures Act no 26 of 2000 will help
to deter and detect wrongdoing in the workplace, acting as an early-warning
mechanism to prevent impropriety and corruption within the public
sector.
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Section 1
Whistle-blowing in
the South African context
South Africa’s transition to democratic rule has been characterised
by high levels of crime, including wide-spread corruption. Several
initiatives have been under taken to promote accountability and
fight corruption within the public sector. These efforts include
legislation such as the Promotion of Access to Information Act
and the Protected Disclosures Act.
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Section 2
Understanding the Act
In South Africa the Protected Disclosures Act (no 26 of 2000) makes
provision for procedures in terms of which employees in both the
public and private sector who disclose information of unlawful
or corrupt conduct by their employers or fellow employees, are
protected from occupational detriment.
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Section 3
Putting a whistle-blowing
policy in place
A whistle-blowing policy ought not to be seen as merely a means
of complying with yet another piece of employment legislation.
If it is to help you create an environment where the staff understands
their responsibilities and management demonstrates their accountability,
it will not be enough to introduce a good policy only to file it
away. You must take action and actively implement the policy. It
is important to ensure that workers are left in no doubt about
the avenues open to them.
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Section 4
Draft Whistle-blowing
Policy - Assisting public service managers to develop a whistle-blowing
policy for their departments.
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Section 5
Additional resources for public sector managers.
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