PART VI PROTECTION OF WHISTLEBLOWERS Exclusion of liability if disclosing contravention of law, corruption or maladministration 81. (1) Notwithstanding the provisions of any other law, no person shall be civilly or criminally liable or be subjected to disciplinary action in any court of law or administrative or other tribunal on account of having disclosed any information [the disclosure of which constitutes a contravention of the law], if - (a) the person in good faith and reasonably believed at the time of the disclosure that he or she is disclosing evidence of a contravention of the law, corruption, [or] dishonesty or serious maladministration in [connection with] a governmental body or on the part of an official of the body [or serious maladministration in a governmental body] (in this Part referred to as an "impropriety"); and (b) the disclosure was made in accordance with subsection (3). (2) Without limiting the generality of subsection (1) "impropriety" includes - (a) an abuse of power by a governmental body or an official of the body; (b) an improper or unauthorised use of the funds or other assets of a governmental body; (c) negligent administration resulting or likely to result in a substantial - (i) waste of public resources; or (ii) danger to the health or safety of an individual or the public; or (d) an offence referred to in section 1 of the Corruption Act, 1992 (Act No. 94 of 1992). (3) Subsection (1) shall only apply if - (a) the person concerned - (i) disclosed the information concerned to a Parliamentary committee, a committee of a provincial legislature, the Public Protector, a provincial public protector, the Human Rights Commission, the Public Service Commission, a Provincial Service Commission, the Auditor-General or an Attorney-General; and (ii) in good faith believed at the time of the disclosure that the body or person contemplated in subparagraph (i) has the authority to inquire into the impropriety concerned; or (b) the person - (i) disclosed the information concerned to one or more news medium; and (ii) on [reasonable] clear and convincing grounds (of which he or she shall bear the burden of proof) believed at the time of the disclosure - (aa) that disclosure [is] was necessary to avert an imminent and serious threat to the safety or health of an individual or the public, to ensure that the impropriety concerned [is] was properly and timeously investigated or to protect himself or herself against reprisals; or (bb) giving due weight to the importance of open, accountable and participatory administration, that the public interest in disclosure of the information concerned clearly [outweighs] outweighed [the] any need for non-disclosure [contemplated by the law referred to in subsection (1)]. (4) Subsection (1) shall apply whether or not the person disclosing the information concerned has used or exhausted any other applicable procedure for reporting or otherwise remedying the impropriety concerned. Exclusion of liability if disclosing information after publication 82. Notwithstanding the provisions of any other law, no person shall be civilly or criminally liable or be subjected to disciplinary action in any court of law or administrative or other tribunal on account of having disclosed any information [the disclosure of which constitutes a contravention of the law] if, before the time of the disclosure of the information, it had become publicly available, whether in the Republic or elsewhere. Protection against reprisals 83. (1) No person shall be - (a) dismissed from any employment, profession or office; (b) suspended, demoted, harassed, intimidated, have a term or condition of employment altered or kept unaltered to the person's disadvantage, transferred against his or her will, refused transfer or otherwise detrimentally affected in respect of such employment, profession or office, including employment opportunities or work security; or (c) threatened with action mentioned in paragraph (a) or (b), as a result, or partly as a result, of making, or indicating an intention to make, a disclosure contemplated in section 81 or refusing to participate in the conduct of an impropriety mentioned in that section. (1A) Where in any criminal or civil proceedings or discipli-nary action before a court of law or administrative or other tribunal with respect to an alleged contravention or threatened contravention of subsection (1), it is proved that an action contemplated in subsection (1)(a), (b) or (c) took place within two years after a disclosure, indication of an intention to disclose or refusal contemplated in subsection (1), it shall be presumed, unless the contrary is proved, that such action took place as a result, or partly as a result, of that disclosure, indication of an intention to disclose or refusal. (2) Subsection (1) shall apply whether or not the person disclosing the information concerned has used or exhausted any other applicable procedure for investigating or remedying the impropriety concerned. (3) A provision in an agreement, whether or not a contract of employment, whereby any of the provisions of this section is excluded shall be null and void. (4) An official of a governmental body who has made a disclosure contemplated in section 81 shall, upon his or her request and if reasonably possible, be transferred from the post or position occupied by him or her at the time of the disclosure to - (a) another post or position in the same division or another division of the governmental body; or (b) another governmental body. (5) The terms and conditions of employment of a person transferred pursuant to subsection (4) shall not, without his or her consent, be less favourable than the terms and conditions applicable to him or her immediately before his or her transfer. (6) Where a contravention or threatened contravention of subsection (1), (4) or (5) is alleged, the person concerned may lodge a complaint with the Public Protector or an application with an Information Court. (7) Subsection (6) shall not be construed to limit any other right a person may have under any other law to seek a remedy with respect to an action contemplated in subsection (1)(a), (b) or (c). Notice to officials of provisions of Part and other complaint procedure 83A. The head of a governmental body shall give a copy of a notice prepared and provided by the Commission, which explains - (a) the provisions of this Part and all procedures (other than the procedure contemplated in section 83) available to an official of the governmental body who wishes to report or otherwise remedy an impropriety; (b) if such provisions or procedure is amended, that amendment, to every official of the governmental body.