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Preventing Corruption Reporting corruption

The role of civil society What ODAC does What is our impact?. Preventing Corruption Reporting corruption. The role of civil society. Educate Advocate Mobilise. ODAC. Our mission:

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Preventing Corruption Reporting corruption

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  1. The role of civil society What ODAC does What is our impact? Preventing CorruptionReporting corruption

  2. The role of civil society • Educate • Advocate • Mobilise

  3. ODAC Our mission: • To promote open and transparent democracy; foster a culture of corporate and government accountability; and assist people in South Africa to be able to realize their human rights.

  4. ODAC seeks to achieve its mission through realising the right to know so that it • makes a material, tangible difference to the lives of the poor, • and thereby contributes to social and economic justice

  5. South Africa’s Constitutional Framework • Right to access to information (sec 32) • Right to freedom of expression (sec 16)

  6. Legislative framework • Promotion of Access to Information Act • Protected Disclosures Act • Promotion of Administrative Justice Act

  7. Why part of National Integrity Systems? • “Sunlight is the best disinfectant” • 41% of all corruption is uncovered by employees – need the right to speak out • Transparency is recognised as key in fighting corruption – need access to information

  8. Where are we? • Baseline survey

  9. Does the SA whistleblowing law work? • Based on UK provisions • Cap on damages in SA law • Amendments needed • Justice committee called for investigation onto damages in 2000 • Process of amendment stalled

  10. New provisions • Companies Act proposed amendments • Uncapped damages • Creation of requirement for whistleblowing policies . • Only applies in the private sector

  11. Article 32 of Constitution guarantees right of Access to Information • Given effect by Promotion of Access to Information Act in 2000 • Provides for Access to both public and privately-held information • Part of framework that includes: • Municipal Systems Act No. 32 of 2000 • Public Finance Management Act No. 1 of 1999 • Municipal Finance Management Act No. 56 of 2003 • Promotion of Administrative Justice Act No. 3 of 2000 • Batho Pele Principles

  12. Lacks enforcement mechanism

  13. Toll free helpline 0800525352

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