The South African whistleblowing framework:
The whistleblowing framework in South Africa has developed over a number of years. It is currently primarily located in the Constitution of the Republic of South Africa, The Protected Disclosures Act 26 of 2000, the Labour Relations Act, the Companies Act 71 of 2008 and the body of jurisprudence that has been developed by the Labour, High and Supreme Courts of South Africa. The evolution of the laws in South Africa has resulted in four whistleblowing frameworks:
- the first governs discosures by teh general public not protected by the PDA or the Companies Act
- The second is the framework created by the PDA which governs whistleblowing by employees in the public and private sectors.
- The third is the framework created by the Companies Act which governs whistleblowing within all companies registered in terms of he companies Act, including profit and not-for profit companies.
- The fourth is the framework of rights and obligations imposed on “public” and “state-owned” profit companies registered in terms of the Companies Act.
Please note, this description is an excerpt from Patrica Martin (2010) The Status of Whistleblowing in South Africa published by the Open Democracy Advice Centre in South Africa (see page 8).
Protected Disclosures Act 26 of 2000