Open AccessRethinking Parliamentary Status: Are Parliamentarians Bound by the Protected Disclosures Act 2000? A Comparison Between South Africa and New Zealand
Author(s) -
Luke Hilton
Publication year - 2018
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v49i3.5328
Subject(s) - parliament , appeal , political science , interpretation (philosophy) , law , high court , publishing , project commissioning , politics , computer science , programming language
This article 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 article analyses the provisions of the PDA and its curial interpretation in the Charlton litigation. Technically, MPs are bound by the PDA. This article nonetheless defends the Labour Appeal Court's merits judgment, which held that MPs are not bound. Regarding New Zealand, the article analyses the provisions of the PDA and suggests the probable outcome in court if similar litigation were ever to occur in New Zealand.