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Protected Disclosures Act, 2000 (Act No. 26 of 2000)

9B. Disclosure of false information

 

(1) An employee or worker who intentionally discloses false information—
(a) knowing that information to be false or who ought reasonably to have known that the information is false; and
(b) with the intention to cause harm to the affected party and where the affected party has suffered harm as a result of such disclosure,

is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding two years or to both a fine and such imprisonment.

 

(2)
(a) The institution of a prosecution for an offence referred to in subsection (1) must be authorised in writing by the Director of Public Prosecutions.
(b) The Director of Public Prosecutions concerned may delegate his or her power to decide whether a prosecution in terms of this section should be instituted or not.

 

[Section 9B inserted by section 10 of Notice No. 768, GG 41016, dated 2 August 2017]