Section 54A: Protection of whistleblowers
This section is inserted by Act No 13 of 2019, section 3.
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
54A. Protection of whistleblowers
(1) Subject to subsection (4), where a director, a senior
officer, an employee or an agent of a financial institution –
(a) discloses to the central bank that the
financial institution or a customer of
the financial institution may have been
involved in an act which constitutes a
breach of the banking laws; and
(b) at the time he makes the disclosure, has
reasonable grounds to believe that the
information he discloses may be true,
he shall incur no civil or criminal liability as a result of such
disclosure and no disciplinary action shall be initiated against
him by reason of such disclosure.
(2) The central bank shall not, without the consent
of the person making the disclosure, disclose the identity of
that person.
(3) Any person who commits an act of
victimisation against a person who has made a disclosure
under subsection (1) shall commit an offence and shall, on
conviction, be liable to a fine not exceeding one million
rupees and to imprisonment for a term not exceeding 5 years.
Acts 2019 265
(4) Any person who wilfully makes a false disclosure
under subsection (1) shall commit an offence and shall, on
conviction, be liable to a fine not exceeding one million
rupees and to imprisonment for a term not exceeding 5 years.
(5) In this section –
“victimisation” means an act –
(a) which causes injury, damage or loss;
(b) of intimidation or harassment;
(c) of discrimination, disadvantage or
adverse treatment in relation to a person’s
employment; or
(d) amounting to threats of reprisals.
(g) in section 63(3), by inserting, after the words “due on any”,
the words “Saturday,”;
(h) in section 64 (7A)(a), by inserting, after the words “purpose
of conducting”, the words “such risk management functions
as may be approved by the central bank or”.
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Questions this section answers
- Am I protected from liability if I report a bank's suspected breach of banking laws to the central bank?
- What is the penalty for victimising someone who reported a bank's wrongdoing?