Amendment of section 1 of Act 26 of 2000 

PARLIAMENT of the Republic of South Africa enacts, as follows: Amendment of section 1 of Act 26 of 2000

1. Section 1 of the Protected Disclosures Act, 2000 (hereinafter referred to as the principal Act), is hereby amended—

(a) by the insertion of the following definition before the definition of ‘‘disclosure’’:

‘business’ includes the whole or part of any business, trade,undertaking or service;’’;

(b) by the substitution for the definition of ‘‘disclosure’’ of the following definition:

‘disclosure’ means any disclosure of information regarding any conduct of an employer, or of an employee or of a worker of that employer, made by any employee or worker 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 Chapter II of the Employment Equity Act, 1998 (Act No. 55 of 1998), or 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;’’; (c) by the substitution for the definition of ‘‘employee’’ of the following definition:

‘‘ ‘employee’ means— 

(a) any person, excluding an independent contractor, who works or worked for another person or for the State, and who receives or received, or is entitled to receive, any remuneration; and 

(b) any other person who in any manner assists or assisted in carrying on or conducting or conducted the business of an employer;’’; 

(d) by the substitution for the definition of ‘‘occupational detriment’’ of the following definition:

‘‘ ‘occupational detriment’, in relation to [the working environment of] an employee or a worker, means— 

(a) being subjected to any disciplinary action; 

(b) being dismissed, suspended, demoted, harassed or intimidated; (c) being transferred against his or her will; 

(d) being refused transfer or promotion; 

(e) being subjected to a term or condition of employment or retirement which is altered or kept altered to his or her disadvantage; 

(f) being refused a reference, or being provided with an adverse reference, from his or her employer; 

(g) being denied appointment to any employment, profession or office; 

(h) being subjected to any civil claim for the alleged breach of a duty of confidentiality or a confidentiality agreement arising out of the disclosure of— 

(i) a criminal offence; or 

(ii) information 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; [(h)] (i) being threatened with any of the actions referred to in paragraphs (a) to [(g)] (h) above; or [(i)] (j) being otherwise adversely affected in respect of his or her employment, profession or office, including employment opportunities, [and] work security and the retention or acquisition of contracts to perform work or render services;’’; 

(e) by the substitution in the definition of ‘‘protected disclosure’’ for the words following paragraph (e) of the following words: ‘‘but does not, subject to section 9A, include a disclosure— 

(i) in respect of which the employee or worker concerned commits [an] a criminal offence by making that disclosure; or 

(ii) made by a legal adviser to whom the information concerned was disclosed in the course of obtaining legal advice in accordance with section 5;’’; 

(f) by the insertion of the following definition after the definition of ‘‘protected disclosure’’:

‘‘ ‘temporary employment service’ means any person who, for reward, procures for or provides to a client other persons who— 

(a) render services to, or perform work for, the client; and 

(b) are remunerated by the temporary employment service;’’; and

(g) by the insertion of the following definition after the definition of ‘‘this Act’’: 

‘‘ ‘worker’ means— 

(a) any person who works or worked for another person or for the State; or 

(b) any other person who in any manner assists or assisted in carrying on or conducting or conducted the business of an employer or client, as an independent contractor, consultant, agent; or 

(c) any person who renders services to a client while being employed by a temporary employment service.’’.