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Slide 1
ODAC 2002 www.opendemocracy.org.za Preventing Corruption
Reporting corruption The role of civil society What ODAC does What
is our impact?
Slide 2
ODAC 2002 www.opendemocracy.org.za The role of civil society
Educate Advocate Mobilise
Slide 3
ODAC 2002 www.opendemocracy.org.za 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.
Slide 4
ODAC 2002 www.opendemocracy.org.za 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
Slide 5
ODAC 2002 www.opendemocracy.org.za South Africas Constitutional
Framework Right to access to information (sec 32) Right to freedom
of expression (sec 16)
Slide 6
ODAC 2002 www.opendemocracy.org.za Legislative framework
Promotion of Access to Information Act Protected Disclosures Act
Promotion of Administrative Justice Act
Slide 7
ODAC 2002 www.opendemocracy.org.za 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
Slide 8
ODAC 2002 www.opendemocracy.org.za Where are we? Baseline
survey
Slide 9
ODAC 2002 www.opendemocracy.org.za 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
Slide 10
ODAC 2002 www.opendemocracy.org.za New provisions Companies Act
proposed amendments Uncapped damages Creation of requirement for
whistleblowing policies. Only applies in the private sector
Slide 11
ODAC 2002 www.opendemocracy.org.za 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