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- Is amended by Judicial Matters Amendment Act, 2023
- Is amended by Protected Disclosures Amendment Act, 2017
- Is commenced by Protected Disclosures Act, 2000: Commencement
South Africa
Protected Disclosures Act, 2000
Act 26 of 2000
- Published in Government Gazette 21453 on 7 August 2000
- Assented to on 1 August 2000
- Commenced on 16 February 2001 by Protected Disclosures Act, 2000: Commencement
- [This is the version of this document from 3 April 2024.]
- [Amended by Protected Disclosures Amendment Act, 2017 (Act 5 of 2017) on 2 August 2017]
- [Amended by Judicial Matters Amendment Act, 2023 (Act 15 of 2023) on 3 April 2024]
1. Definitions
In this Act, unless the context otherwise indicates—"business" includes the whole or part of any business, trade, undertaking or service;[definition of "business" inserted by section 1(a) of Act 5 of 2017]"disclosure" means any disclosure of information regarding any conduct of an employer, or of an employee or of a worker of that employer, made by any employee or worker who has reason to believe that the information concerned shows or tends to show one or more of the following:(a)That a criminal offence has been committed, is being committed or is likely to be committed;(b)that a person has failed, is failing or is likely to fail to comply with any legal obligation to which that person is subject;(c)that a miscarriage of justice has occurred, is occurring or is likely to occur;(d)that the health or safety of an individual has been, is being or is likely to be endangered;(e)that the environment has been, is being or is likely to be damaged;(f)unfair discrimination as contemplated in Chapter II of the Employment Equity Act, 1998 (Act No. 55 of 1998), or the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No. 4 of 2000); or(g)that any matter referred to in paragraphs (a) to (f) has been, is being or is likely to be deliberately concealed;[definition of "disclosure" substituted by section 1(b) of Act 5 of 2017]"employee" means—(a)any person, excluding an independent contractor, who works or worked for another person or for the State, and who receives or received, or is entitled to receive, any remuneration; and(b)any other person who in any manner assists or assisted in carrying on or conducting or conducted the business of an employer;[definition of "employee" substituted by section 1(c) of Act 5 of 2017]"employer" means any person—(a)who employs or provides work for any other person and who remunerates or expressly or tacitly undertakes to remunerate that other person; or(b)who permits any other person in any manner to assist in the carrying on or conducting of his, her or its business,including any person acting on behalf of or on the authority of such employer;"impropriety" means any conduct which falls within any of the categories referred to in paragraphs (a) to (g) of the definition of "disclosure", irrespective of whether or not—(a)the impropriety occurs or occurred in the Republic of South Africa or elsewhere; or(b)the law applying to the impropriety is that of the Republic of South Africa or of another country;"Minister" means the Cabinet member responsible for the administration of Justice;"occupational detriment", in relation to an employee or a worker, means—(a)being subjected to any disciplinary action;(b)being dismissed, suspended, demoted, harassed or intimidated;(c)being transferred against his or her will;(d)being refused transfer or promotion;(e)being subjected to a term or condition of employment or retirement which is altered or kept altered to his or her disadvantage;(f)being refused a reference, or being provided with an adverse reference, from his or her employer;(g)being denied appointment to any employment, profession or office;(h)being subjected to any civil claim for the alleged breach of a duty of confidentiality or a confidentiality agreement arising out of the disclosure of—(i)a criminal offence; or(ii)information which shows or tends to show that a substantial contravention of, or failure to comply with the law has occurred, is occurring or is likely to occur;(i)being threatened with any of the actions referred to in paragraphs (a) to (h) above; or(j)being otherwise adversely affected in respect of his or her employment, profession or office, including employment opportunities, work security and the retention or acquisition of contracts to perform work or render services;[definition of "occupational detriment" substituted by section 1(d) of Act 5 of 2017]"organ of state" means—(a)any department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or(b)any other functionary or institution when—(i)exercising a power or performing a duty in terms of the Constitution or a provincial constitution; or(ii)exercising a public power or performing a public function in terms of any legislation;"prescribed" means prescribed by regulation in terms of section 10;"protected disclosure" means a disclosure made to—(a)a legal adviser in accordance with section 5;(b)an employer in accordance with section 6;(c)a member of Cabinet or of the Executive Council of a province in accordance with section 7;(d)a person or body in accordance with section 8; or(e)any other person or body in accordance with section 9, but does not, subject to section 9A, include a disclosure—(i)in respect of which the employee or worker concerned commits a criminal offence by making that disclosure; or(ii)made by a legal adviser to whom the information concerned was disclosed in the course of obtaining legal advice in accordance with section 5;[definition of "protected disclosure" amended by section 1(e) of Act 5 of 2017]"temporary employment service" means any person who, for reward, procures for or provides to a client other persons who—(a)render services to, or perform work for, the client; and(b)are remunerated by the temporary employment service;[definition of "temporary employment service" inserted by section 1(f) of Act 5 of 2017]"this Act" includes any regulation made in terms of section 10."worker" means—(a)any person who works or worked for another person or for the State;(b)any other person who in any manner assists or assisted in carrying on or conducting or conducted the business of an employer or client, as an independent contractor, consultant, agent; or(c)any person who renders services to a client while being employed by a temporary employment service.[definition of "worker" added by section 1(g) of Act 5 of 2017]2. Objects and application of Act
3. Employee or worker making protected disclosure not to be subjected to occupational detriment
No employee or worker may be subjected to any occupational detriment by his or her employer on account, or partly on account, of having made a protected disclosure.[section 3 substituted by section 3 of Act 5 of 2017]3A. Joint liability
Where an employer, under the express or implied authority or with the knowledge of a client, subjects an employee or a worker to an occupational detriment, both the employer and the client are jointly and severally liable.[section 3A inserted by section 4 of Act 5 of 2017]3B. Duty to inform employee or worker
4. Remedies
5. Protected disclosure to legal adviser
Any disclosure made—6. Protected disclosure to employer
7. Protected disclosure to member of Cabinet or Executive Council
Any disclosure made in good faith to a member of Cabinet or of the Executive Council of a province is a protected disclosure if the employee's or worker's employer is—8. Protected disclosure to certain persons or bodies
9. General protected disclosure
9A. Exclusion of civil and criminal liability
9B. Disclosure of false information
10. Regulations
11. Short title and commencement
This Act is called the Protected Disclosures Act, 2000, and commences on a date determined by the President by proclamation in the Gazette.History of this document
03 April 2024 this version
Amended by
Judicial Matters Amendment Act, 2023
02 August 2017
16 February 2001
Commenced by
Protected Disclosures Act, 2000: Commencement
07 August 2000
01 August 2000
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Regulations Relating to Protected Disclosures, 2018 | Government Notice R949 of 2018 |
Cited documents 4
Legislation 4
1. | Constitution of the Republic of South Africa, 1996 | 4595 citations |
2. | Labour Relations Act, 1995 | 2087 citations |
3. | Employment Equity Act, 1998 | 534 citations |
4. | Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 | 209 citations |
Documents citing this one 93
Gazette 46
Judgment 45
Legislation 2
1. | Companies Act, 2008 | 1842 citations |
2. | Mineral and Petroleum Resources Development Act, 2002 | 615 citations |