Browsing by Author "Mafela, Muvhulawa Simon"

Now showing 1 - 1 of 1
  • Thumbnail Image
    Item
    Ethics and whistle blowing : an investigation of the moral justification and framework for the practice of whistle blowing
    (Stellenbosch : Stellenbosch University, 2002-03) Mafela, Muvhulawa Simon; Esterhuyse, W. P.; Stellenbosch University. Faculty of Arts and Social Sciences. Dept. of Philosophy. Centre for Applied Ethics.
    ENGLISH ABSTRACT: This research project examines the concept and practice of whistle blowing with the aim of answering the fundamental question: when is whistle blowing morally justified or unjustified? While the different forms of whistle blowing receive attention, the focus is on the corporate world, or non-governmental whistle blowing. Whistle blowing in the corporate world has become a moral and strategic point of debate with the issue being how it can be employed as a mechanism against corruption and other forms of abuse in a way that is fair to employees, employers, and the public .. The project focuses on the moral justification of whistle blowing and the ethical framework within which it needs to function. The methodology used is that of an extensive literature study. The views of researchers' from different countries are discussed and analyzed, and the deontological and utilitarian approaches to ethical decision-making are used to arrive at deductive conclusions. It is concluded that from an ethical viewpoint, employees are morally obliged to blow the whistle to prevent potential harm to e.g. the public or the environment. Specific conditions must be satisfied, however, before whistle blowing against a corporation or employer can be regarded as morally justified. With reference to the views of researchers and a South African case study, it is established that whistle blowers need to be protected against retaliation from employers and that legislation in this regard has been lacking. An important mechanism to protect whistle blowers would be the introduction of laws to protect them against retaliatory actions such as dismissals or demotion. One of the aims of South Africa's Protected Disclosures Act (Act. No. 26, 2000) is to protect employees against any occupational detriment as a result of having blown the whistle in a manner consistent with the conditions outlined in the Act. It Is concluded that it is to the advantage of employers to promote a culture in which justified and responsible whistle blowing is encouraged and protected. Suggested ways to achieve this include developing an ethic of whistle blowing, involving unions, introducing rewards, instituting codes of ethics, and establishing specific complaint recipients within organizations. On the basis of a US case study and a study of relevant literature, it is concluded that employers and corporations also need to be protected against unethical whistle blowing. By laying down conditions that have to be met before an act of whistle blowing can be justified, the Protected Disclosures Act (Act No. 26, 2000) provides protection in this regard. The study concludes with a critical appraisal of the positive as well as the negative aspects of the Protected Disclosures Act. The Act provides the necessary legal framework and guidelines for fair and responsible whistle blowing with protection for both employees and employers, and as such could help to reduce crime and corruption in both the public and private sectors. In the South African context of high levels of poverty, illiteracy and unemployment, however, certain shortcomings are identified that may diminish the potential value of the Act.