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You found the following article by Cassim on Jutastat. You downloaded the pdf version of the article and now wish to list it in your
You found the following article by Cassim on Jutastat. You downloaded the pdf version of the article and now wish to list it in your bibliography. Below is a screenshot of the first page of the downloaded pdf document: Source: Journals Collection, Juta's/South African Law Journal, The (2000 to date)/The South African Law Journal/2023 : Volume 140/Part 4 : 697 - 920/Articles/A critical analysis of the State Capture Commission recommendations to protect whistleblowers in South Africa URL: http:/jutastat.juta.co.zaxt/gateway. dll/jelj/salj/3/34/81/86/927f=templates$fn=default.htm A critical analysis of the State Capture Commission recommendations to protect whistleblowers in South Africa 2023 SAL] 862 Rehana Cassim Professor, Department of Mercantile Law, University of South Africa https://doi.org/10.47348/SAL]/v140/14a8 Abstract This article critically analyses the whistleblower recommendations of the State Capture Commission and the President of the Republic of South Africa's response to implementing these recommendations. Three recommendations are made: ensuring that whistleblowers receive the protections afforded by art 32(2) of the United Nations Convention against Corruption; possibly awarding whistleblowers a proportion of funds recovered, provided the information disclosed has been material to recovering funds; and affording whistleblowers immunity from criminal or civil action arising from their honest disclosures. This article argues that, although these whistleblower recommendations are laudable and will both protect and incentivise whistleblowers to disclose wrongdoing, South Africa should have a consolidated legislative framework to govern whistleblowing in the various sectors rather than the current approach, which scatters the regulation of whistleblowing across many statutes. The article recommends enhancing the protection of whistleblowers and suggests how to structure South Africa's whistleblower award programme so that it is clear, fair, transparent and efficient. It also argues that to avoid abuse, whistleblowers should not receive blanket immunity from criminal and civil proceedings but that this should be determined on a case-by-case basis. Whistleblowers - the United Nations Convention against Corruption - Protected Disclosures Act 26 of 2000 - Companies Act 71 of 2008 - Witness Protection Act 112 of 1998 I Introduction The Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector, including Organs of State, also known as 'the State Capture Commission' or "the Zondo Commission' after its chair, Justice Zondo, was established as part of the remedial action contained in the report of the then Public Protector titled "State of Capture', which was released on 2 November 2016. - The State Capture 2023 SAL] 863 Which one of the following is the correct bibliographical entry for this article?Select one: O a. Cassim, 'A critical analysis of the State Capture Commission recommendations to protect whistleblowers in South Africa' Cassim R, 'A critical analysis of the State Capture Commission recommendations to protect whistleblowers in South Africa' 2023 SALJ 862 O b . Cassim, 'A Critical Analysis of the State Capture Commission Recommendations to Protect Whistleblowers in South Africa' Cassim R, 'A Critical Analysis of the State Capture Commission Recommendations to Protect Whistleblowers in South Africa' (2023) 140 South African Law Journal 697 Cassim, 'A Critical Analysis of the State Capture Commission Recommendations to Protect Whistleblowers in South Africa' Cassim R, 'A Critical Analysis of the State Capture Commission Recommendations to Protect Whistleblowers in South Africa' (2023) 140 SALJ 862O d. Cassim R, 'A Critical Analysis of the State Capture Commission Recommendations to Protect Whistleblowers in South Africa' Cassim R, 'A Critical Analysis of the State Capture Commission Recommendations to Protect Whistleblowers in South Africa' (2023) 140 SALJ 862 Cassim, 'A critical analysis of the State Capture Commission recommendations to protect whistleblowers in South Africa' Cassim R, 'A critical analysis of the State Capture Commission recommendations to protect whistleblowers in South Africa' (2023) 140 SALJ 862 Of . Cassim, 'A Critical Analysis of the State Capture Commission Recommendations to Protect Whistleblowers in South Africa' Cassim R, 'A Critical Analysis of the State Capture Commission Recommendations to Protect Whistleblowers in South Africa' 2023 (140) SALJ 862
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