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The position of the whistle-blower in South African law

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dc.contributor.advisor Slabbert, Magda Isparta, Louise Dorothy 2015-09-21T13:01:08Z 2015-09-21T13:01:08Z 2014-10
dc.identifier.citation Isparta, Louise Dorothy (2014) The position of the whistle-blower in South African law, University of South Africa, Pretoria, <> en
dc.description.abstract The position of the whistle-blower is known to be a precarious one, with the whistle-blower often either regarded as a hero or a reprehensible traitor. Various pieces of legislation have attempted to remedy their precarious position, especially within the employment relationship, and in which the whistle-blower more often than not has the most to lose. The study at hand has the specific objective of comparing the position of the whistle-blower in terms of South African Law, against 16 specific measurables, and in comparison with the position of the whistle-blower in New Zealand, Australia (Victoria) and the United Kingdom. In the main, the protection offered to the whistle-blower within the South African context, is embodied within the Protected Disclosure Act 26 of 2000 (hereinafter referred to as the “PDA”).In examining the protection afforded to the whistle-blower in South Africa, it is concluded that the framework involved extends much further than just the mere provisions in the PDA. However, there are admitted challenges in respect of this framework as discussed, both legislative and non-legislative, especially in respect of duties of disclosures placed on persons in circumstances in which concurrent protection is not afforded to the whistle-blower. With reference to the comparison in respect of the measurement parameters set, it was found that the PIDA (UK) meets the least amount of the measurements set, with the PDA A (Australia, Victoria) meeting the most of the measurements; the PDA NZ is equally balanced in meeting and not meeting the measurements and the PDA meeting less of the measurements than not, but still meeting more than the PIDA. It was found that had it not been for the catch-all provision contained in section 4 (1) (b) of the PDA, the PDA would have ranked last. en
dc.format.extent 1 online resource (xiii, 417 leaves)
dc.language.iso en en
dc.subject Whistle-blower en
dc.subject Whistle-blowing en
dc.subject Protected Disclosures Act 26 of 2000 en
dc.subject Corruption en
dc.subject Protected Disclosures Act 7 of 2000 en
dc.subject Public Interest Disclosure Act 1998 en
dc.subject Protected Disclosure Act 2012 en
dc.subject Protected disclosure en
dc.subject Disclosure en
dc.subject.ddc 344.12596068
dc.subject.lcsh Whistle blowing -- Law and legislation -- South Africa en
dc.subject.lcsh Disclosure of information -- Law and legislation -- South Africa en
dc.subject.lcsh South Africa. Protected Disclosures Act, 2000 en
dc.title The position of the whistle-blower in South African law en
dc.type Thesis en
dc.description.department Mercantile Law LL. D.

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