Rethinking parliamentary status: Are parliamentarians bound by the Protected Disclosures Act 2000? A comparison between South Africa and New Zealand

Abstract

This paper compares the Protected Disclosures Act 2000 (PDA) in South Africa and New Zealand. The comparison is framed by the question whether the PDA binds members of Parliament (MPs) or not. Regarding South Africa, the paper analyses the provisions of the PDA and its curial interpretation in the Charlton litigation. Technically, MPs are bound by the PDA. This paper nonetheless defends the Labour Appeal Court’s merits judgment, which held that MPs are not bound. Regarding New Zealand, the paper analyses the provisions of the PDA and suggests the probable outcome in court if similar litigation were ever to occur in New Zealand.