By Thapelo Molefe
Justice Minister Mmamoloko Kubayi on Thursday released a draft whistleblower protection bill that would criminalise retaliation, extend witness protection, and introduce the possibility of financial rewards for disclosures that lead to successful enforcement.
Speaking at a media briefing in Pretoria, Kubayi said the proposed Protected Disclosures Bill aims to fix serious gaps exposed by the Zondo Commission and strengthen South Africa’s fight against corruption.
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“Without strong and credible protection mechanisms, individuals will be discouraged from coming forward, thereby weakening accountability and undermining our collective efforts to combat corruption,” Kubayi said.
The Bill proposes that retaliation against whistleblowers, including dismissal, harassment, or intimidation, be treated as a criminal offence punishable by fines or imprisonment of up to 10 or 15 years, depending on the severity.
“While the current legislation exists [for whistleblower protection], there have been numerous instances of whistleblowers suffering occupational detriment, including suspension and dismissal,” she said.
“In some cases, dismissals are used to punish employees, payouts of benefits are delayed, and tragically, some whistleblowers have lost their lives.”
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Kubayi cited cases such as assassinated health official Babita Deokaran and others who faced serious consequences after speaking out.
The draft law introduces a range of new protections, including strict confidentiality rules that make it a criminal offence to reveal a whistleblower’s identity without consent. It also allows whistleblowers and their families to be placed under state protection in terms of the Witness Protection Act.
“This extends formal state protection measures to disclosers and related persons where necessary, including access to protection programmes such as relocation, identity protection and security measures,” Kubayi said.
The Bill also provides for state-funded legal assistance through Legal Aid SA for whistleblowers who cannot afford representation.
A new complaints mechanism, overseen by a retired judge appointed by the President, will allow whistleblowers to report retaliation or failures in how their disclosures are handled.
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Kubayi said the legislation would also introduce stricter timelines for investigations, requiring disclosures to be acknowledged within five days, decisions taken within ten days, and investigations finalised within 12 months.
To improve coordination, the Bill proposes a central database to track disclosures and ensure accountability, although it will not store personal details of whistleblowers.
The Bill allows for financial incentives in cases where disclosures lead to successful enforcement action.
“To incentivise whistleblowing, the Bill also introduces the possibility of financial awards in certain cases,” Kubayi said.
She said the reforms are aligned with international best practice and conventions, and are designed to “promote a culture of accountability and transparency across both the public and private sectors”.
The draft Bill has been released for public comment, with submissions open until 14 May.
Kubayi urged civil society, business and the public to participate in shaping the final Act.
“Together, we must build a legal framework that not only protects those who speak out against wrongdoing, but also actively supports and values their contribution,” she said.
