- PURPOSE
- The policy has been put in place to ensure any concerns raised regarding any misconduct or improper state of affairs or circumstances in relation to Africa Foundation (UK)’s business are dealt with effectively, securely and appropriately.
- Africa Foundation (UK) encourages the reporting of any instances of suspected unethical, illegal, corrupt, fraudulent or undesirable conduct involving Africa Foundation (UK)’s activities and provides protections and measures to individuals who make a disclosure in relation to such conduct without fear of victimisation or reprisal.
- This policy will be provided to all employees / volunteers of Africa Foundation (UK).
- The policy is also available to persons outside the organisation and can be accessed on the Africa Foundation (UK) website.
- Africa Foundation (UK) will periodically invite employees / volunteers to attend training sessions to ensure ongoing education regarding the application of the policy.
- SCOPE
- This policy applies to any person who is, or has been, any of the following with respect to Africa Foundation (UK):
- Trustees;
- Employees / volunteers;
- Contractors;
- Suppliers;
- Consultants;
- Auditors;
- Relatives and dependants of any of the above.
- This policy applies to any person who is, or has been, any of the following with respect to Africa Foundation (UK):
- REPORTABLE CONDUCT
- You may make a report or disclosure under this policy if you have reasonable grounds to believe that an Africa Foundation (UK) employee, trustee, contractor, supplier, consultant or other person who has business dealings with Africa Foundation (UK) has engaged in conduct (Reportable Conduct) which is:
- Dishonest, fraudulent or corrupt;
- Illegal (such as theft, dealing in or use of illicit drugs, violence or threatened violence and criminal damage to property);
- Unethical including any breach of the Africa Foundation (UK)’s policies;
- Oppressive or grossly negligent;
- Potentially damaging to Africa Foundation (UK), its employees / volunteers or a third party;
- Misconduct or an improper state of affairs;
- A danger, or represents a danger to the public or financial system;
- Harassment, discrimination, victimisation or bullying.
- Reportable Conduct does not include personal work-related grievances. A personal work-related grievance is a grievance about any matter in relation to a staff member’s current or former employment, having implications (or tending to have implications) for that person personally and that do not have broader implications for Africa Foundation (UK). Personal work-related grievances should be reported to your manager. Examples of personal work-related grievances are as follows:
- An interpersonal conflict between the staff member and another employee;
- A decision relating to the engagement, transfer or promotion of the staff member;
- A decision relating to the terms and conditions of engagement of the staff member;
- A decision to suspend or terminate the engagement of the staff member, or otherwise to discipline the staff
- You may make a report or disclosure under this policy if you have reasonable grounds to believe that an Africa Foundation (UK) employee, trustee, contractor, supplier, consultant or other person who has business dealings with Africa Foundation (UK) has engaged in conduct (Reportable Conduct) which is:
- MAKING A DISCLOSURE
- Africa Foundation (UK) relies on its employees / volunteers maintaining a culture of honest and ethical behaviour. Accordingly, if you become aware of any Reportable Conduct, it is expected that you will make a disclosure under this policy.
- There are several ways in which you may report or disclose any issue or behaviour which you consider to be Reportable Conduct.
- You may disclose any Reportable Conduct to the Whistleblower Protection Officers listed below:
Africa Foundation (UK) Board Chairperson: Mr Bill Cadogan
Phone Number: 07831 706700
Email: bill@africafoundation.org
Africa Foundation (UK) Trustee: Mrs Judy James
Phone Number: 07624 499211
Email: judy@africafoundation.org
Africa Foundation (UK) Partnerships Manager – Mrs Rebekah Copham
Phone Number: 0027 72 8464694
Email: rebekah@africafoundation.org
- You can make a disclosure outside of business hours by contacting the above Whistleblower Protection Officers via email.
- You are also encouraged to contact the above Whistleblower Protection Officers to obtain any additional information you may require before making a disclosure or for any clarification regarding this policy.
- The Whistleblower Protection Officer will safeguard your interests and will ensure the integrity of the reporting mechanism.
- External Reporting
- Where you do not feel comfortable making an internal report, or where you have made an internal report, but no action has been taken within a reasonable time, you may disclose any Reportable Conduct to the Africa Foundation (SA)’s external auditor:
Africa Foundation (SA) Auditor (KPMG) – Mr Luqmaan Jogi
Phone Number: 082 576 3435
Email: Luqmaan.Jogi@kpmg.co.za
- Anonymity
- When making a disclosure, you may do so anonymously. It may be difficult for Africa Foundation (UK) to properly investigate the matters disclosed if a report is submitted anonymously and therefore Africa Foundation (UK) encourages you to share your identity when making a disclosure, however you are not required to do so.
- Where a disclosure has been made externally and you provide your contact details, those contact details will only be provided to a Whistleblower Protection Officer with your consent.
- Reporting to a Legal Practitioner
- You may choose to discuss your concerns with a legal practitioner for the purposes of obtaining legal advice or representation. You will be covered by the protections outlined in this policy if you have reported your concerns to a legal practitioner.
- INVESTIGATION
- Africa Foundation (UK) will investigate all matters reported under this policy as soon as practicable after the matter has been reported.
- Where necessary, an external investigator will be appointed to assist in conducting the investigation.
- All investigations will be conducted in a fair, independent and timely manner and all reasonable efforts will be made to preserve confidentiality during the investigation.
- Where possible, the Whistleblower will be provided with feedback on the progress and expected timeframes of the investigation.
- The person against whom any allegations have been made will also be informed of the concerns and will be provided with an opportunity to respond (unless there are any restrictions or other reasonable bases for not doing so).
- Africa Foundation (UK) will document the findings in a report, which shall remain the property of the Africa Foundation (UK) and will only be shared with the Whistleblower or any person against whom the allegations have been made if Africa Foundation (UK) deems it appropriate.
- The investigation finding will inform and support any follow-up, remedial or disciplinary actions, and the laying of charges where relevant.
- PROTECTION OF WHISTLEBLOWERS
- Africa Foundation (UK) is committed to ensuring that any person who makes a disclosure is treated fairly and does not suffer detriment and that confidentiality is preserved in respect of all matters raised under this policy.
- All disclosures by an employee of the Africa Foundation (UK)s as contemplated in this policy shall be governed by the provisions of the Public Interest Disclosure Act 1998 https://www.legislation.gov.uk/ukpga/1998/23/contents
- with full protection being afforded to any employee who wishes to make a disclosure under this policy.
- Protection from Legal Action
- Whistleblowers will not be subject to any civil, criminal or administrative legal action (including disciplinary action) for making a disclosure under this policy or participating in any investigation.
- Protection against Detrimental Conduct
- Africa Foundation (UK) will not engage in ‘Detrimental Conduct’ against you if you have made a disclosure under this policy.
- Detrimental Conduct includes actual or threatened conduct such as the following (without limitation):
- Termination of employment;
- Injury to employment including demotion, disciplinary action;
- Alternation of position or duties;
- Discrimination;
- Harassment, bullying or intimidation;
- Victimisation;
- Harm or injury including psychological harm;
- Damage to a person’s property;
- Damage to a person’s reputation;
- Damage to a person’s business or financial position; or Any other damage to a person.
- Africa Foundation (UK) also strictly prohibits all forms of Detrimental Conduct against any person who is involved in an investigation of a matter disclosed under the policy in response to their involvement in that investigation.
- Africa Foundation (UK) will take all reasonable steps to protect Whistleblowers from Detrimental Conduct and will take necessary action where such conduct is identified. If appropriate, Africa Foundation (UK) may allow the Whistleblower to perform their duties from another location or reassign him/her to another role (at the same level) or make other modifications to their workplace or their duties to protect them from the risk of detriment.
- If the Whistleblower is subjected to Detrimental Conduct as a result of making a disclosure under this policy or participating in an investigation, they should inform a Whistleblower Protection Officer or eligible recipient in accordance with the reporting guidelines outlined above. Under such circumstances, they may seek appropriate remedy including compensation, civil penalties or reinstatement.
- Protection of Confidentiality
- All information received from the Whistleblower will be treated confidentially and sensitively.
- They will not be required to provide their name when making a disclosure. To make a disclosure on an anonymous basis, it is recommended that they use a pseudonym and contact the Whistleblowing Protection Officers in the manner outlined above.
- If he/she reports on an anonymous basis, they will still qualify for the protections in this policy.
- If a Whistleblower makes a disclosure under this policy, his/her identity (or any information which would likely to identify them) will only be shared if:
- he/she gives their consent to share that information; or
- the disclosure is allowed or required by law (for example where the concern is raised with a lawyer for the purposes of obtaining legal advice); or
- where it is necessary to disclose information for the effective investigation of the matter, and this is likely to lead to the Whistleblower’s identification, all reasonable steps will be taken to reduce the risk that he/she will be identified.
- Africa Foundation (UK) will also take the following measures for protecting your identity:
- All paper and electronic documents and other materials relating to disclosures will be stored securely;
- Access to all information relating to a disclosure will be limited to those directly involved in managing and investigating the disclosure;
- Only a restricted number of people who are directly involved in handling and investigating a disclosure will be made aware of your identity (subject to your consent) or information that is likely to lead to your identification;
- Communications and documents relating to the investigation of a disclosure will not be sent to an email address or to a printer that can be accessed by other staff; and
- Each person who is involved in handling and investigating a disclosure will be reminded about the confidentiality requirements, including that an unauthorised disclosure of the Whistleblowers identity may be a criminal off
- If the Whistleblower is concerned that their identity has been disclosed in relation to a disclosure, and without your consent, he/she should inform a Whistleblower Protections Officer or eligible recipient immediately.
- OTHER MATTERS
- Any breach of this policy will be taken seriously and may result in disciplinary action, up to and including termination of employment.
- In so far as this policy imposes any obligations on Africa Foundation (UK), those obligations are not contractual and do not give rise to any contractual rights. To the extent that this policy describes benefits and entitlements for employees / volunteers, they are discretionary in nature and are also not intended to be contractual. The terms and conditions of employment that are intended to be contractual are set out in an employee’s written employment contract.
- Africa Foundation (UK) may unilaterally introduce, vary, remove or replace this policy at any time.
- Employees / volunteers are encouraged to read this policy in conjunction with other relevant policies of Africa Foundation (UK).
- It is acknowledged by the disclosing party that any disclosure which is found to be untrue, unlawful, vexatious and / or malicious in nature, and which is commissioned with the intent to cause harm to the person(s) against whom the disclosure is made (“the Aggrieved Party”) shall entitle the Aggrieved Party to institute such legal action as may be appropriate and available to the Aggrieved Party to protect any personal right of the Aggrieved Party which may have been infringed upon consequent upon the unlawful conduct of the disclosing party.