MANAGING OUTSOURCED REPORTING SERVICES EFFECTIVELY

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(b) routinely publicise the availability of that system …”
The Ethics Institute of South Africa (Ethics SA) has introduced a standard, namely the
External Whistle-blowing Hotline Service Provider Standard EO 1.1.1, which is a
best practice set of guidelines or norms for the professional and ethical conduct of external
whistle-blowing hotline service providers, operating their own centres or facilities. This has
been a major step forward in the professionalisation of the ORS industry as prospective
subscribers can now access the Ethics SA website (www.ethicssa.org) and find a list of OSPs
who have been accredited.
Corruption Watch has produced an excellent document – Corruption and the Law in
South Africa – A Quick Reference Guide – which is an excellent summary of the legal
framework in South Africa. (Go to
www.corruptionwatch.org.za/sites/default/files/CW_LawDoc_V2.pdf to download a PDF
version.)
The Protected Disclosures Act, 2000 defines a disclosure as
any disclosure of information regarding any conduct of an employer, or an employee of
that employer, made by any employee who has reason to believe that the information
concerned shows or tends to show one or more of the following:
(a) That a criminal offence has been committed, is being committed or is likely to be
committed;
(b) that a person has failed, is failing or is likely to fail to comply with any legal obligation
to which that person is subject;
(c) that a miscarriage of justice has occurred, is occurring or is likely to occur;
(d) that the health or safety of an individual has been, is being or is likely to be
endangered;
(e) that the environment has been, is being or is likely to be damaged;
(f) unfair discrimination as contemplated in the Promotion of Equality and Prevention of
Unfair Discrimination Act, 2000 (Act No. 4 of 2000); or
(g) that any matter referred to in paragraphs (a) to (f) has been, is being or is likely to be
deliberately concealed;
The important point to note is that the legislation only provides “protection” for an
employee which is defined in the Act as
(a) any person, excluding an independent contractor, who works for another person or
for the State and who receives, or is entitled to receive, any remuneration; and
(b) any other person who in any manner assists in carrying on or conducting the business
of an employer;
Version 2015-01 © BE HEARD 2015