THE PROTECTION OF WHISTLE-BLOWERS IN THE FIGHT AGAINST FRAUD AND CORRUPTION: A SOUTH AFRICAN PERSPECTIVE

Abstract

Criminal and irregular conduct can endanger the economic stability in South Africa. It also has the potential of causing social damage. Employees as whistle-blowers play an important role in the promotion of corporate governance in organizations and are protected from occupational detriments by the Protected Disclosures Act 26 of 2000. The Companies Act 71 of 2008 also contains provisions regarding whistle-blowing but extends the protection to other categories such as shareholders and directors. This article investigates the protection granted by both these pieces of legislation and if synergy exists between these two Acts. It also explores whether the Protected Disclosures Act really protects employees and the remedies they are entitled to.