State of the Nation Address 2022
State of the Nation Address 2022
Type of recommendation
Whistle-blower protection
Part 1, Volume 3, Page 851
Category- Legislative Change
- Whistle-blower protection
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.
Part 1, Volume 3, Page 809
Category- Legislative Change
- Whistle-blower protection
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.
Part 1, Volume 3, Page 852
Category- Legislative Change
- Whistle-blower protection
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.
Part 1, Volume 3, Page 809
Category- Legislative Change
- Whistle-blower protection
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.