Pretoria: The government has unveiled reforms aimed at strengthening protection for whistleblowers, acknowledging that fear of retaliation, financial ruin, and even death has deterred many from exposing corruption. Minister of Justice and Constitutional Development, Mmamaloko Kubayi, released the Protected Disclosures Bill for public comment, describing it as a critical intervention to safeguard individuals who come forward with information on wrongdoing.
According to South African Government News Agency, the proposed legislation arises largely from the findings of the Judicial Commission of Inquiry into Allegations of State Capture, commonly known as the Zondo Commission, as well as the recommendations of the National Anti-Corruption Advisory Council (NACAC). Kubayi highlighted the risks faced by whistleblowers, noting that existing laws have failed to adequately protect them, citing high-profile cases such as Babita Deokaran and others who have suffered for exposing corruption.
The Bill seeks to address weaknesses identified by the Zondo Commission and NACAC, including unclear reporting procedures and weak protection measures. It introduces a more comprehensive framework for the protection of disclosers, ensuring secure reporting channels, protection from retaliation, and support throughout the process. Key reforms include clear definitions of disclosure and detrimental action, mechanisms to protect confidentiality, and provisions for legal assistance and witness protection.
The Bill also introduces a complaints mechanism overseen by a retired judge, allowing disclosers to lodge complaints and empowering the judge to investigate and refer matters for action. Furthermore, it criminalises breaches of the legislation, including the suppression or concealment of evidence, and places a legal burden on employers to prove actions against whistleblowers are unrelated to disclosures.
To improve efficiency, the proposed law sets strict timelines for acknowledging disclosures, making decisions, and completing investigations. A central database will track disclosures, ensuring accountability. The Bill opens the door for financial support and possible incentives for whistleblowers, with government cautious about cash rewards but open to proposals.
Kubayi clarified that the Bill proposes extending witness protection to whistleblowers even before they testify, a shift from the current system. However, she stressed that the Bill is not yet law and remains subject to public input and parliamentary approval, with submissions open until 14 May 2026. The Bill aims to align South Africa with international best practices and is expected to play a key role in the country's broader anti-corruption strategy.
