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Whistleblower Protection Act (No. 10 of 2017).

Country/Territory
Namibia
Document type
Legislation
Date
2017
Source
FAO, FAOLEX
Long title
An Act provide for the establishment of a Whistleblower Protection Office; to establish procedures for making disclosures of improper conduct; to provide for the investigation of disclosures of improper conduct and protection of whistleblowers; to provide for investigation of complaints of detrimental action; to provide for the review of certain decisions; to provide remedies for persons against whom detrimental action is taken; and to deal with incidental matters.
Subject
Agricultural & rural development, Environment gen.
Keyword
Access-to-justice Consumer protection Governance Institution Court/tribunal Sustainable use Ecosystem preservation Legal proceedings/administrative proceedings
Geographical area
Africa, South Atlantic, Southern Africa
Abstract

This Act makes provision for the establishment of the Whistleblower Office, the Whistleblower Protection Advisory Committee and the Whistleblower Protection Review Tribunal. It also requires a Commissioner for Whistleblower Protection and deputy Commissioners to be appointed. For the purposes of this Act conduct, which if disclosed and proved shows or tends to show that the environment has been degraded, is being degraded or is likely to be degraded, is considered to be improper conduct. If the Commissioner considers it necessary, he or she may report any matter that arises out of an investigation carried out under this Act to the Minister or the Minister responsible for the sector or the public body that was the subject of the investigation or, if the matter relates to a private sector employer, to its board or governing body and to its chief executive, including, but not limited to, when the Commissioner is of the opinion that - (a) action has not been taken within a reasonable time in respect of one or more of his or her recommendations made under section 39(3)(a); and (b) a situation that has come to his or her attention in the course of carrying out his or her duties exists that constitutes an imminent risk of a substantial and specific danger to the life, health or safety of persons, or to the environment. A person may make a disclosure that is protected under this Act to the public by any means that are suitable, having regard to the circumstances if there is no sufficient time to make the disclosure under the provisions of this Part and the person believes on reasonable grounds that the subject matter of the disclosure is an act or omission that - (a) constitutes a serious offence under any law of Namibia; or (b) constitutes an imminent risk of a substantial and specific danger to the life, health and safety of persons, or to the environment.

Full text
English
Website
www.lac.org.na