The purpose of the Protected Disclosures Act is to make provision for procedures in terms of which employees in both the private and the public sector may disclose information regarding unlawful or irregular conduct by their employers or other employees in the employ of their employers; to provide for the protection of employees who make a disclosure which is protected in terms of this Act; and to provide for matters connected therewith.
Recognising that-
- the Bill of Rights in the Constitution of the Republic of South Africa, 1996, enshrines the rights of all people in the Republic and affirms the democratic values of human dignity, equality and freedom;
- section 8 of the Bill of Rights provides for the horizontal application of the rights in the Bill of Rights, taking into account the nature of the right and the nature of any duty imposed by the right;
- criminal and other irregular conduct in organs of state and private bodies are detrimental to good, effective, accountable and transparent governance in organs of state and open and good corporate governance in private bodies and can endanger the economic stability of the Republic and have the potential to cause social damage;
And bearing in mind that-
- neither the South African common law nor statutory law makes provision for mechanisms or procedures in terms of which employees may, without fear of reprisals, disclose information relating to suspected or alleged criminal or other irregular conduct by their employers, whether in the private or the public sector;
- every employer and employee has a responsibility to disclose criminal and any other irregular conduct in the workplace;
- every employer has a responsibility to take all necessary steps to ensure that employees who disclose such information are protected from any reprisals as a result of such disclosure;
And in order to-
- create a culture which will facilitate the disclosure of information by employees relating to criminal and other irregular conduct in the workplace in a responsible manner by providing comprehensive statutory guidelines for the disclosure of such information and protection against any reprisals as a result of such disclosures;
- promote the eradication of criminal and other irregular conduct in organs of state and private bodies
Source: SABINET
Friday, February 16, 2001
Wednesday, February 14, 2001
Massacre was revenge for Nkabinde's murder
Gunmen attacking the Ndabazitha household in Richmond in January 1999 accused them of killing United Democratic Movement secretary-general Sifiso Nkabinde, according to evidence heard in the Pietermaritzburg High Court on Wednesday.
Betty Ndabazitha and her relative Edith Ndabazitha gave this evidence against five men charged with 21 counts relating to the massacre in which 11 people were killed and seven injured. The accused are Vulindlela Blessing Nkabinde, 29, Mbongeni Mjwara, 25, Bongani Derik Nkabinde, 31, Sipho Edward Mtungwa, 30 and Emmanuel Simanga Mashumi Dlamini, 27. They are all from Magoda, the UDM stronghold in which Nkabinde lived. Vulindlela and Bongani Nkabinde are related to the politician. Betty Ndabazitha said relatives had been attending the funeral of her son when the shooting occurred, the same day that Sifiso Nkabinde was murdered.
Edith Ndabazitha was an assistant to the chairperson of the ANC Richmond branch, Siphiwe Ntinga, who was implicated by state witnesses in the trial against the killers of Sifiso Nkabinde in the Pietermaritzburg High Court last year.
She told the court that she heard something exploding outside.
"In my mind I thought maybe it was crackers, but at the time when people who were sitting on the veranda came in running. It was then that I realised that we were under attack," she said.
While Edith hid under the table, four gunmen came into the house. She said that as they were shooting they accused them of killing Nkabinde. She said one woman who tried to run out through the kitchen was shot by the attackers. A man tried to take out his firearm and shoot to protect himself, but "because he was already injured he was unable to shoot".
"They continued shooting and they were saying 'the dogs must die'. One of the attackers even pointed his foot at the people (who had already been killed) and counted them."
"Lindeni (Myeni) was pleading with an attacker, asking the attacker not to shoot her, saying she was not from the area. I heard an explosion from the firearm. I noticed Lindeni falling down. I did not notice whether she was dead or not," Edith testified.
Betty said that she was sitting in her bedroom with a child when she heard "the sound of a gunshot ringing from outside". She said that she lay on top of the child and "the shooting continued until it was inside the bedroom".
After she heard a firearm make a "clicking sound" one attacker called to another saying "bring a firearm, these dogs are not all dead". She said that a person replied from the dining room "let us stab them".
Betty said that after it became quiet she tried to lift her head to see what the attackers were doing. "I was unable to do so because there was another person lying on top of me. The person on top of me was dead," she said. She was not injured in the attack.
The case is continuing. - Sapa
Source: IoL
Betty Ndabazitha and her relative Edith Ndabazitha gave this evidence against five men charged with 21 counts relating to the massacre in which 11 people were killed and seven injured. The accused are Vulindlela Blessing Nkabinde, 29, Mbongeni Mjwara, 25, Bongani Derik Nkabinde, 31, Sipho Edward Mtungwa, 30 and Emmanuel Simanga Mashumi Dlamini, 27. They are all from Magoda, the UDM stronghold in which Nkabinde lived. Vulindlela and Bongani Nkabinde are related to the politician. Betty Ndabazitha said relatives had been attending the funeral of her son when the shooting occurred, the same day that Sifiso Nkabinde was murdered.
Edith Ndabazitha was an assistant to the chairperson of the ANC Richmond branch, Siphiwe Ntinga, who was implicated by state witnesses in the trial against the killers of Sifiso Nkabinde in the Pietermaritzburg High Court last year.
She told the court that she heard something exploding outside.
"In my mind I thought maybe it was crackers, but at the time when people who were sitting on the veranda came in running. It was then that I realised that we were under attack," she said.
While Edith hid under the table, four gunmen came into the house. She said that as they were shooting they accused them of killing Nkabinde. She said one woman who tried to run out through the kitchen was shot by the attackers. A man tried to take out his firearm and shoot to protect himself, but "because he was already injured he was unable to shoot".
"They continued shooting and they were saying 'the dogs must die'. One of the attackers even pointed his foot at the people (who had already been killed) and counted them."
"Lindeni (Myeni) was pleading with an attacker, asking the attacker not to shoot her, saying she was not from the area. I heard an explosion from the firearm. I noticed Lindeni falling down. I did not notice whether she was dead or not," Edith testified.
Betty said that she was sitting in her bedroom with a child when she heard "the sound of a gunshot ringing from outside". She said that she lay on top of the child and "the shooting continued until it was inside the bedroom".
After she heard a firearm make a "clicking sound" one attacker called to another saying "bring a firearm, these dogs are not all dead". She said that a person replied from the dining room "let us stab them".
Betty said that after it became quiet she tried to lift her head to see what the attackers were doing. "I was unable to do so because there was another person lying on top of me. The person on top of me was dead," she said. She was not injured in the attack.
The case is continuing. - Sapa
Source: IoL
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