Acts Online
GT Shield

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

Preamble

 

Recognising that—

• the Bill of Rights in the Constitution of the Republic of South Africa, 1996, enshrines the rights of all people in the Republic and affirms the democratic values of human dignity, equality and freedom;
• section 8 of the Bill of Rights provides for the horizontal application of the rights in the Bill of Rights, taking into account the nature of the right and the nature of any duty imposed by the right;
• criminal and other irregular conduct in organs of state and private bodies are detrimental to good, effective, accountable and transparent governance in organs of state and open and good corporate governance in private bodies and can endanger the economic stability of the Republic and have the potential to cause social damage;

 

And bearing in mind that—

• neither the South African common law nor statutory law makes provision for mechanisms or procedures in terms of which employees or workers may, without fear of reprisals, disclose information relating to suspected or alleged criminal or other irregular conduct by their employers, whether in the private or the public sector;
• every employer, employee and worker has a responsibility to disclose criminal and any other irregular conduct in the workplace;
• every employer has a responsibility to take all necessary steps to ensure that employee and workers who disclose such information are protected from-any reprisals as a result of such disclosure;

 

And in order to—

• create a culture which will facilitate the disclosure of information by employees and workers relating to criminal and other irregular conduct in the workplace in a responsible manner by providing comprehensive statutory guidelines for the disclosure of such information and protection against any reprisals as a result of such disclosures;
• promote the eradication of criminal and other irregular conduct in organs of state and private bodies,

 

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—

 

[Preamble substituted by section 13 of Notice No. 768, GG 41016, dated 2 August 2017]