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The "Protected Closure Act, 26 of 2000". (South African Content)

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Executive Summary

Whistle blowing is when an employee raises a concern about wrongdoing or malpractice in the workplace that has a public interest aspect to it. Persons who act as whistle blowers are often subjected to retaliation by their employers. Therefore it became important to protect whistle blowers by introducing the Disclosure Protection Act (Act 26 of 2000). The purpose is to provide procedures and offer protection to employees against organisational detriment. Even though the Act intends to protect whistle blowers, the reporting rate has declined. Thus it is crucial to investigate the current procedures in order to provide recommendations to improve the Act, consequently curbing fraud and miscarriage of justice.

Question 1
• How are informants being protected?
As employers and employees consequently have to disclose criminal and unwanted conduct within the workplace, steps need to be instilled by employers to ensure that whistle blowers are protected from occupational detriment. This act attempt to prevent employers from treating disclosing employees with detriment such as disciplinary action, demotion, harassment, unwanted transfers, etc.
• Who is being protected?
Employees disclosing legitimate concerns about irregularities are being protected by the act. Those employees are to be protected from unwarranted conduct by their employers and cannot be discriminated against. They may not be victimised or penalised by their employer in any form for having made a disclosure in accordance with any one of the procedures provided by the Act.
• The requirements for protection
Protection is only established when such disclosure is correctly done in accordance with any one of the procedures provided by the Act. The disclosed information must show that a criminal offence has been committed or is likely to be committed. The disclosed information must also

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