Abstract

In this note, three judgments concerning when a s 188A(11) inquiry may be invoked are discussed. In Mohlala-Mulaudzi, the court set out the test as being whether there is a causal connection between a protected disclosure and an alleged occupational detriment. In Matlala and Modika, the court lowered this high threshold and determined that the test was whether the allegation of a contravention of the Protected Disclosures Act was in good faith. Since the Labour Appeal Court still needs to have the ‘final word’ on this point, the question that this note attempts to answer is which approach is worth following, in order to provide better protection for whistleblowers.