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

Regulations

Regulations relating to Protected Disclosures, 2018

2. Protected disclosures to certain persons or bodies

 

(1) A disclosure contemplated in section 1 of the Act, can, in addition to the persons and bodies listed in section 8(1)(a), (aA), (aB), (aC), (aD) and (b) of the Act, also be made to the persons or bodies listed in Column 1 of Annexure A to these Regulations, in respect of the description of the matters ordinarily dealt with by the persons or bodies as set out in Column 2 of Annexure A to these Regulations.

 

(2) The practical guidelines contemplated in section 10(4) of the Act, must include the name and contact details of the person or person designated by a body to whom a protected disclosure can be made.

 

(3) If an employee or worker intends to make a disclosure of an impropriety which is based upon the same facts to two or more persons or bodies referred to in subregulation (1), he or she must inform each person or body to whom such a disclosure is made of that fact.

 

(4) Upon receipt of a disclosure contemplated in section 1 of the Act, the body or person who received the disclosure must, ascertain from the employee or worker making the disclosure whether a disclosure based on the same facts has been made to any other person or body and if so that person or body must inform the other person or body accordingly.

 

(5) If a disclosure contemplated in section 1 of the Act, which is based upon the same facts, is made to two or more persons or bodies, the persons or bodies concerned must take all reasonable steps to ascertain which person or body is going to conduct the investigation and inform the worker or employee, where possible, accordingly