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The protected disclosures act: reflecting on the jurisprudence of the last 10 years and the challenges ahead
The purpose of this paper is to reflect on, analyse and evaluate the protection offered to whistleblowers since the enactment of the Protected Disclosure Act 26 of 2000. It focuses on the Act, which seeks to combat crime and corruption through protected disclosure. It considers the fate of whistlebl...
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| Format: | Thesis |
| Language: | English English |
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Centre for Law and Society
2026
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| _version_ | 1867613278552719360 |
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| access_status_str | Open Access |
| author | Van Der Watt, Gerhardus |
| author2 | Le Roux, Rochelle |
| author_browse | Le Roux, Rochelle Van Der Watt, Gerhardus |
| author_facet | Le Roux, Rochelle Van Der Watt, Gerhardus |
| author_sort | Van Der Watt, Gerhardus |
| collection | Thesis |
| description | The purpose of this paper is to reflect on, analyse and evaluate the protection offered to whistleblowers since the enactment of the Protected Disclosure Act 26 of 2000. It focuses on the Act, which seeks to combat crime and corruption through protected disclosure. It considers the fate of whistleblowers, notwithstanding the provisions provided in the Act for their protection. Globally, governments have been paying more attention to the valuable potential role of the whistleblower in preventing and disclosing fraud, corruption and other wrongdoings. This short comparative study explores the United States, selected countries within the European Union, and the three tier model of the United Kingdom, which has legislation similar to that of South Africa. Both the Protected Disclosures Act and the South African government's proposed Protection of Information Bill, or "'Secrecy Bill'," are discussed with reference to the impact on the potential whistleblower. With its 'state of the art' legislation, South Africa is at the forefront of whistleblower law worldwide. If it is understood and applied effectively, this legislation will help to deter and detect wrongdoing in the workplace, acting as an early-warning • mechanism to prevent impropriety and corruption within all work sectors. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/43046 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:33:35.758Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | Centre for Law and Society |
| publisherStr | Centre for Law and Society |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/43046 The protected disclosures act: reflecting on the jurisprudence of the last 10 years and the challenges ahead Van Der Watt, Gerhardus Le Roux, Rochelle jurisprudence protected disclosures The purpose of this paper is to reflect on, analyse and evaluate the protection offered to whistleblowers since the enactment of the Protected Disclosure Act 26 of 2000. It focuses on the Act, which seeks to combat crime and corruption through protected disclosure. It considers the fate of whistleblowers, notwithstanding the provisions provided in the Act for their protection. Globally, governments have been paying more attention to the valuable potential role of the whistleblower in preventing and disclosing fraud, corruption and other wrongdoings. This short comparative study explores the United States, selected countries within the European Union, and the three tier model of the United Kingdom, which has legislation similar to that of South Africa. Both the Protected Disclosures Act and the South African government's proposed Protection of Information Bill, or "'Secrecy Bill'," are discussed with reference to the impact on the potential whistleblower. With its 'state of the art' legislation, South Africa is at the forefront of whistleblower law worldwide. If it is understood and applied effectively, this legislation will help to deter and detect wrongdoing in the workplace, acting as an early-warning • mechanism to prevent impropriety and corruption within all work sectors. 2026-03-26T08:54:13Z 2026-03-26T08:54:13Z 2011 2026-03-24T11:00:18Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/43046 en eng application/pdf Centre for Law and Society Faculty of Law University of Cape Town |
| spellingShingle | jurisprudence protected disclosures Van Der Watt, Gerhardus The protected disclosures act: reflecting on the jurisprudence of the last 10 years and the challenges ahead |
| thesis_degree_str | Master's |
| title | The protected disclosures act: reflecting on the jurisprudence of the last 10 years and the challenges ahead |
| title_full | The protected disclosures act: reflecting on the jurisprudence of the last 10 years and the challenges ahead |
| title_fullStr | The protected disclosures act: reflecting on the jurisprudence of the last 10 years and the challenges ahead |
| title_full_unstemmed | The protected disclosures act: reflecting on the jurisprudence of the last 10 years and the challenges ahead |
| title_short | The protected disclosures act: reflecting on the jurisprudence of the last 10 years and the challenges ahead |
| title_sort | protected disclosures act reflecting on the jurisprudence of the last 10 years and the challenges ahead |
| topic | jurisprudence protected disclosures |
| url | http://hdl.handle.net/11427/43046 |
| work_keys_str_mv | AT vanderwattgerhardus theprotecteddisclosuresactreflectingonthejurisprudenceofthelast10yearsandthechallengesahead AT vanderwattgerhardus protecteddisclosuresactreflectingonthejurisprudenceofthelast10yearsandthechallengesahead |