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Regulations Relating to Protected Disclosures in Place

September 14, 2018

Department of Justice and Constitutional Development

Regulations prescribing persons or bodies to whom protected disclosures may be made have been drawn up.

The justice and constitutional development department published the regulations in Government Gazette 41904.

They were published for comment in April 2018.

The Regulations Relating to Protected Disclosures are designed to give effect to the amended section 8(1) of the Protected Disclosures Act.

The amendment to section 8 increased the list of entities to which a protected disclosure can be made.

Additional entities include the South African Human Rights Commission, the Commission for Gender Equality, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities and the Public Service Commission.

The list of entities is contained in the regulations.

In a statement, the department pointed out that “if an employee or worker intends to make a disclosure of an impropriety which is based upon the same facts to two or more persons or bodies he or she must inform each person or body to whom such a disclosure is made of that fact.”