Non-disclosure agreements for whistleblowers not in line with Constitution

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Non-disclosure agreements for whistleblowers not in line with Constitution - Non-disclosure clauses effectively prevent any wrongdoing from leaking out into the public domain and the Protected Disclosures Act should be amended to address this shortcoming

, it is important to emphasise that whistleblowers are human rights defenders because they expose wrongdoing and corruption.

This practice has made its way into most organs of state that mimic corporate practice without the risks involved. Our Constitution provides in section 41 the following: “All spheres of government and all organs of state within each sphere must provide effective, transparent, accountable and coherent

We also need to consider whose reputation is being protected. Often that would be the leader of that institution and not the institution itself. Unlike the private sector, which raises its own capital, these organs of state are funded or guaranteed funding by the taxpayers. So where is the risk? Loss-making monopolies like Eskom, Denel, and municipalities have been often recapitalised with more funds from the taxpayer.

 

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