To make provision for procedures in terms of which employees in both the private and the public sector may disclose information regarding unlawful or irregular conduct by their employers or other employees in the employ of their employers; to provide for the protection of employees who make a disclosure which is protected in terms of this Act; and to provide for matters connected therewith.
'this Act' includes any regulation made in terms of section 10.
to provide for procedures in terms of which an employee can, in a responsible manner, disclose information regarding improprieties by his or her employer.
This Act applies to any protected disclosure made after the date on which this section comes into operation, irrespective of whether or not the impropriety concerned has occurred before or after the said date.
has the effect of discouraging the employee , from making a protected disclosure.
No employee may be subjected to any occupational detriment by his or her employer on account, or partly on account, of having made a protected disclosure.
approach any court having jurisdiction, including the Labour Court established by section 151 of the Labour Relations Act, 1995 (Act 66 of 1995), for appropriate relief; or pursue any other process allowed or prescribed by any law.
any dismissal in breach of section 3 is deemed to be an automatically unfair dismissal as contemplated in section 187 of that Act, and the dispute about such a dismissal must follow the procedure set out in Chapter VIII of that Act; and any other occupational detriment in breach of section 3 is deemed to be an unfair labour practice as contemplated in Part B of Schedule 7 to that Act, and the dispute about such an unfair labour practice must follow the procedure set out in that Part: Provided that if the matter fails to be resolved through conciliation, it may be referred to the Labour Court for adjudication.
Any employee who has made a protected disclosure and who reasonably believes that he or she may be adversely affected on account of having made that disclosure , must, at his or her request and if reasonably possible or practicable, be transferred from the post or position occupied by him or her at the time of the disclosure to another post or position in the same division or another division of his or her employer or, where the person making the disclosure is employed by an organ of state , to another organ of state.
The terms and conditions of employment of a person transferred in terms of subsection (2) may not, without his or her written consent, be less favourable than the terms and conditions applicable to him or her immediately before his or her transfer.
with the object of and in the course of obtaining legal advice, is a protected disclosure.
and substantially in accordance with any procedure prescribed , or authorised by the employee 's employer for reporting or otherwise remedying the impropriety concerned; or to the employer of the employee , where there is no procedure as contemplated in paragraph (a) , is a protected disclosure.
Any employee who, in accordance with a procedure authorised by his or her employer , makes a disclosure to a person other than his or her employer , is deemed, for the purposes of this Act , to be making the disclosure to his or her employer.
a body, the members of which are appointed in terms of legislation by a member of Cabinet or of the Executive Council of a province; or an organ of state falling within the area of responsibility of the member concerned.
the relevant impropriety falls within any description of matters which, in the ordinary course are dealt with by the person or body concerned; and the information disclosed, and any allegation contained in it, are substantially true, is a protected disclosure.
A person or body referred to in, or prescribed in terms of, subsection (1) who is of the opinion that the matter would be more appropriately dealt with by another person or body referred to in, or prescribed in terms of, that subsection, must render such assistance to the employee as is necessary to enable that employee to comply with this section.
is a protected disclosure if one or more of the conditions referred to in subsection (2) apply; and in all the circumstances of the case, it is reasonable to make the disclosure.
that the impropriety is of an exceptionally serious nature.
For the purposes of this section a subsequent disclosure may be regarded as a disclosure of substantially the same information referred to in subsection (2) (c) where such subsequent disclosure extends to information concerning an action taken or not taken by any person as a result of the previous disclosure.
any administrative or procedural matter necessary to give effect to the provisions of this Act ; and any other matter which is required or permitted by this Act to be prescribed.
Any regulation made for the purposes of section 8 (1) (c) must specify persons or bodies and the descriptions of matters in respect of which each person or body is prescribed.
Any regulation made in terms of this section must be submitted to Parliament before publication thereof in the Gazette.
The Minister must, after consultation with the Minister for the Public Service and Administration, issue practical guidelines which explain the provisions of this Act and all procedures which are available in terms of any law to employee s who wish to report or otherwise remedy an impropriety.
The guidelines referred to in paragraph (a) must be approved by Parliament before publication in the Gazette.
All organs of state must give to every employee a copy of the guidelines referred to in paragraph (a) or must take reasonable steps to bring the relevant notice to the attention of every employee.
This Act is called the Protected Disclosures Act, 2000, and commences on a date determined by the President by proclamation in the Gazette.