Amendment of section 2 of Act 26 of 2000

Section 2 of the principal Act is hereby amended— 

(a) by the substitution for subsection (1) of the following subsection: ‘‘(1) The objects of this Act are— 

(a) to protect an employee or worker, whether in the private or the public sector, from being subjected to an occupational detriment on account of having made a protected disclosure; 

(b) to provide for certain remedies in connection with any occupational detriment suffered on account of having made a protected disclosure; and 

(c) to provide for procedures in terms of which an employee or worker can, in a responsible manner, disclose information regarding improprieties by his or her employer.’’; and 

(b) by the substitution for subsection (3) of the following subsection: ‘‘(3) Any provision in a contract of employment or other agreement between an employer and an employee or worker is void in so far as it— 

(a) purports to exclude any provision of this Act, including an agreement to refrain from instituting or continuing any proceedings under this Act or any proceedings for breach of contract; or 

(b)  i) purports to preclude the employee or worker; or (ii) has the effect of discouraging the employee or worker, from making a protected disclosure.’’.