Scope of protection: a retrospective and prospective overview of the protected disclosures act 2000

Abstract

Following South Africa’s transition to democratic rule, numerous whistle-blowers have raised the alarm regarding corruption and improprieties at work, in both the private and public sectors. To prevent the negative consequences of whistleblowing, the Protected Disclosure Act, 2000 came into force in February 2001 and was subsequently amended in 2017. However, despite the existence of this law, the sometimes-devastating consequences that have followed disclosures have led to debates on legal protection or rather, the lack thereof of whistle-blowers. This article therefore aims to reflect on how South African courts, have interpreted the protection provided by this Act for whistle-blowers. More particularly, issues concerning the meaning of disclosure, meaning of good faith and the nature of compensation that the courts have awarded are highlighted.