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n Journal of Public Administration - Public or protected disclosure? The fallacy of whistleblower protection in South Africa

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Abstract

Disclosure of wrongdoing, which manifests itself in the form of impropriety, graft and maladministration, take individuals of exceptional courage and resolve. In the quest for a just and accountable system of governance, documented case studies indicate that those who publicly disclose acts of wrongdoing face the prospects of reprisals and victimization of unprecedented proportions of getting both their careers tarnished, and family lives destroyed. Governments in response have recently become involved by devising protective measures in the form of Protected Disclosure/Whistleblower Protection legislation. As to whether these efforts are succeeding, this paper seeks to evaluate this aspect by looking into the South Africa's Protected Disclosure Act of 2000 (Act 26 of 2000). Some comparison will be done by reflecting on the international trends as espoused in the USA's Whistleblower Protection Act, the UK's Public Interest Disclosure Act and the Queensland's Whistleblower Protection Act. This paper will further identify the deficiencies as they are currently in the South Africa's legislation, the implications this legislation has for management in both private and public organizations and, where appropriate and applicable, practical recommendations will be advanced.

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/content/jpad/10/1/EJC51233
2005-10-01
2016-12-06
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