State of the Nation Address 2022

State of the Nation Address 2022

Leave No One Behind Leave No One Behind

Type of recommendation

Whistle-blower protection


Report Publication

Part 1, Volume 3, Page 851

Category
  • Legislative Change
Type of recommendation
  • Whistle-blower protection
Implementing authority

Part 1, Volume 3, Page 851

Introduce or amend legislation to protect whistle-blowers

Category:

  • • Legislative Change
  • • Whistle-blower protection

Description:

Introduce legislation or amend existing legislation to ensure that any person disclosing information to reveal corruption, fraud or undue influence in public procurement activity be accorded the protections stipulated in article 32(2) of the United Nations Convention Against Corruption.

Responsible to implement:
Department of Justice and Constitutional Development

Actions on recommendations

The Department of Justice has commenced a review of the Protected Disclosures Act and Witness Protection Act to, among other things, give effect to the following recommendations: ensure whistle-blowers receive the protections afforded by section 32(2) of the UN Convention Against Corruption.


Report Publication

Part 1, Volume 3, Page 809

Category
  • Legislative Change
Type of recommendation
  • Whistle-blower protection
Implementing authority

Part 1, Volume 3, Page 809

Fixed percentage of monies recovered should be awarded to whistle-blowers

Category:

  • • Legislative Change
  • • Whistle-blower protection

Description:

Fixed percentage of monies recovered should be awarded to the whistle blower provided that the information disclosed by the whistle blower has been material in the obtaining of the award.

Responsible to implement:
National Treasury

Actions on recommendations

General Intelligence Laws Amendment Bill will be tabled to Parliament in the third quarter of 2022. This, together with the new National Intelligence Policy and Strategy documents which are being tabled at the National Security Council, take forward the recommendations of the High-Level Review Panel and the White Paper on Intelligence. This is under consideration as part of consultation reforms to the whistle-blower protection framework.


Report Publication

Part 1, Volume 3, Page 852

Category
  • Legislative Change
Type of recommendation
  • Whistle-blower protection
Implementing authority

Part 1, Volume 3, Page 852

Immunity from criminal or civil proceedings for whistle-blowers

Category:

  • • Legislative Change
  • • Whistle-blower protection

Description:

Introduce legislation or amend existing legislation authorising the offer of immunity from criminal or civil proceedings if there has been an honest disclosure of the information which might otherwise render the informant liable to prosecution or litigation.

Responsible to implement:
Department of Justice and Constitutional Development

Actions on recommendations

The Department of Justice has commenced a review of the Protected Disclosures Act and Witness Protection Act to, among other things, give effect to the following recommendations: whistle-blowers to be afforded immunity from criminal or civil action arising from honest disclosures.


Report Publication

Part 1, Volume 3, Page 809

Category
  • Legislative Change
Type of recommendation
  • Whistle-blower protection
Implementing authority

Part 1, Volume 3, Page 809

Percentage of monies recovered awarded to whistle-blower

Category:

  • • Legislative Change
  • • Whistle-blower protection

Description:

Fixed percentage of monies recovered should be awarded to the whistle-blower provided that the information disclosed by the whistle-blower has been material in the obtaining of the award.

Responsible to implement:
Department of Justice and Constitutional Development

Actions on recommendations

The Department of Justice has commenced a review of the Protected Disclosures Act and Witness Protection Act to, among other things, give effect to the following recommendations: the possible award of a proportion of funds recovered to the whistle-blower provided that the information disclosed has been material in recovering funds.





*These recommendations exclude those that relate to criminal and other investigations, which are being addressed by law enforcement agencies and other bodies according to their respective mandates.