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  • Video

    SHEroes Webinar | Beyond Detection: Reducing Fraud Through Proactive Prevention (Video)

    SHEroes Beyond Internal Audit hosted an insightful webinar exploring how organisations can move beyond simply detecting fraud and embrace proactive strategies that prevent fraud before it occurs.
    South AfricaCriminal Law
    SNG Grant Thornton
    SNG Grant Thornton
  • Video

    The Ins And Outs Of Whistle-Blowing (Video)

    Whistle-blower hotlines are critically important tools for exposing and deterring fraud and corruption, as well as promoting good corporate governance and citizenship.
    South AfricaEmployment and HR
    ENS
    ENS
Article

Industrial Development Corporation V Modika : Can A Protected Disclosure Stop A Disciplinary Hearing? (Podcast)

The Labour Appeal Court's judgment in Industrial Development Corporation of South Africa v Modika addresses critical questions about when protected disclosures under the Labour Relations Act can halt or redirect disciplinary proceedings. This case examines the intersection between whistleblowing protections and an employer's right to conduct internal disciplinary processes, offering guidance on when employees may bypass traditional hearings in favor of pre-dismissal arbitration.
South AfricaEmployment and HR
Cliffe Dekker Hofmeyr
Cliffe Dekker Hofmeyr
  • Article

    Part 1: The Employee That Cried Wolf: Malicious Whistleblowing And Its Effects

    ​​​Whistleblowing is widely regarded as a critical tool for promoting transparency and accountability in organisations. It allows individuals to report unethical behaviour or misconduct without fear of retaliation. However, false and malicious whistleblowing has emerged as a significant issue in South Africa, raising concerns over the misuse of this protective mechanism.
    South AfricaEmployment and HR
    Webber Wentzel
    Webber Wentzel
  • Article

    Protection For Whistleblowers In South Africa

    The world needs employees who are willing to stand up and raise alarms about wrongdoing in the workplace, whether it is in providing proof of financial irregularity ...
    South AfricaEmployment and HR
    Baker McKenzie
    Baker McKenzie
  • Article

    Employer, You Missed The Vaccine Risk Assessment Deadline. Now What?

    The updated Consolidated Direction on Occupational Health and Safety Measures in certain Workplaces gave employers until 2 July 2021 to undertake or update their risk ...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Part 2: Wolves In Sheep's Clothing: The Importance Of Investigating Malicious Whistleblowing

    As discussed by Webber Wentzel's employment team, whistleblowing can be abused by those seeking to further their own ends or purposefully harm an individual or wider organisation.
    South AfricaEmployment and HR
    Webber Wentzel
    Webber Wentzel
  • Article

    Effective Whistleblower Protection – A Fundamental Step In Effective Corruption Combatting

    South Africa's whistleblower protection framework is undergoing significant reform through the proposed Protected Disclosures Bill, 2026, which aims to address critical gaps exposed by high-profile assassinations and the Zondo Commission findings. The new legislation promises expanded protections, criminal sanctions for retaliation, and financial rewards for whistleblowers, but will the reforms be sufficient to encourage individuals to come forward in a climate where speaking up can cost lives?
    South AfricaGovernment, Public Sector
    ENS
    ENS
  • Article

    Silencing The Canary - An Attack On Whistleblowers

    The assassination of Gauteng Health employee, Babita Deokaran, has become a stark reminder of the danger and plight faced by whistleblowers on a daily basis in South Africa.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Polished Complaints, Cloudy Truths: AI-generated Grievances In The Workplace

    Modern Human Resources ("HR") teams are witnessing a new phenomenon: employee grievances drafted by artificial intelligence. Tools like ChatGPT enable workers to produce complaint letters...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    The BBC Scandal: Mismanagement Of Manipulation In The Workplace

    In November 2025, the British Broadcasting Corporation ("BBC") found itself at the epicentre of a global media storm. The scandal, which culminated in the resignation of Director-General...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    To Report Or Not To Report Corruption – An Employer's Obligations Under PRECCA

    The Prevention and Combating of Corrupt Activities Act, 2004 ("PRECCA") aims to strengthen measures to prevent and combat corruption in the private and public sectors in South Africa.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Whistleblower Law Won't Protect Those Abusing It To Avoid Their Own Misconduct

    He argued that this constituted an automatically unfair dismissal in terms of the Labour Relations Act, 1995.
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Labour Court Confirms That Claims Of Protected Disclosure Must Fit The Definition Under The PDA

    The Labour Court has ruled that workplace complaints do not automatically qualify as protected whistle-blowing under South Africa's Protected Disclosures Act. This judgment examines when employee allegations of impropriety receive legal protection and what factual foundation is required to establish a protected disclosure that shields workers from retaliation.
    South AfricaEmployment and HR
    Cliffe Dekker Hofmeyr
    Cliffe Dekker Hofmeyr
  • Article

    Reform On The Horizon: Whistleblowers Afforded More Protection

    On 29 June 2023, a discussion document proposing reforms for the whisteblower protection regime in South Africa was published. The purpose of the document is to...
    South AfricaEmployment and HR
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Weaponising Whistleblowing – A Double-edged Sword For Employers

    Whistleblowing is a cornerstone of ethical business, intended to empower employees to speak up about wrongdoing without fear of reprisal. South Africa's legislative framework...
    South AfricaEmployment and HR
    ENS
    ENS
  • Article

    Blowing The Lid Off The 'Whistle-Blower Act'

    The Protected Disclosure’s Act is legislation which was enacted for purposes of affording protection to the proverbial whistleblowers in the workplace.
    South AfricaEmployment and HR
    Adams & Adams
    Adams & Adams
  • Article

    Beware The White Knight Whistleblower

    This article examines the incentives motivating whistleblowers when tipping off the competition authorities about cartel conduct.
    South AfricaEmployment and HR
    Bell Dewar
    Bell Dewar
  • Article

    2024 WLG Whistleblower Guide: South Africa

    Yes, the Protected Disclosures Act, 2000 (the "Protected Disclosures Act") provides protection to employees and workers from being subjected to any "occupational detriment" as a result of making a "protected disclosure."
    South AfricaEmployment and HR
    World Law Group
    World Law Group
  • Article

    A New Era For Whistleblowers: Assessing The Changes

    South Africa's Draft Protected Disclosures Bill, 2026 proposes to replace the current whistleblower protection framework with a more comprehensive regime that extends protection beyond employees, mandates formal internal procedures, and introduces stricter confidentiality controls and retaliation consequences.
    South AfricaEmployment and HR
    SNG Grant Thornton
    SNG Grant Thornton
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