Protected Disclosures Act, 2000 (Act No. 26 of 2000)

9A. Exclusion of civil and criminal liabiltiy

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(1) A court may find that an employee or worker who makes a protected disclosure of information—
(a) referred to in paragraph (a) of the definition of disclosure; or
(b) which shows or tends to show that a substantial contravention of, or failure to comply with the law has occurred, is occurring or is likely to occur,

shall not be liable to any civil, criminal or disciplinary proceedings by reason of having made the disclosure if such disclosure is prohibited by any other law, oath, contract, practice or agreement requiring him or her to maintain confidentiality or otherwise restricting the disclosure of the information with respect to a matter.

 

(2) Exclusion of liability as contemplated in subsection (1) does not extend to the civil or criminal liability of the employee or worker for his or her participation in the disclosed impropriety.

 

[Section 9A inserted by section 10 of Notice No. 768, GG 41016, dated 2 August 2017]