Section 9b of the protected disclosures amendment act 5 of 2017: Discouraging whistleblowing in South Africa?
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Date
2018
Authors
Journal Title
Journal ISSN
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Publisher
University of the Western Cape
Abstract
The Protected Disclosures Act 26 of 2000 provides protection for individuals who
blow the whistle on corrupt activities in South Africa. The Protected Disclosures
Amendment Act 5 of 2017 widens the scope of the original Act. This article focuses
on the provision in the amendment which criminalises the disclosure of false
information by a potential whistleblower. It is argued that this provision may
operate as a hurdle for those individuals contemplating divulging information
related to corruption. Nevertheless, the amendment is an important one, since
there have been cases where employees have provided false information
concerning corrupt activities. However, at what cost will this amendment prevent
future whistleblowers from disclosing valuable information necessary to detect and
prosecute economic crimes? It is argued that the amendment could have an
undesirable effect on the contribution of whistleblowing to the fight against
corruption in South Africa. The amendment will be discussed against the backdrop
of the important aims of the original Act and within the context of the prevention
of corruption.
Description
Keywords
Protected Disclosures Act 26, South Africa, Whistleblowing, Corruption
Citation
Nortje, W. (2018). Section 9b of the protected disclosures amendment act 5 of 2017: Discouraging whistleblowing in South Africa?. Lovell Fernandez, "A Survey of Corruption and Anti-Corruption Initiatives in Africa," Journal of Anti-Corruption Law 2, no. 1 (2018): 196-213