Whistleblower bill offers more protection against corruption: Kubayi

The government has officially released the Protected Disclosures Bill, as part of efforts to strengthen protections for whistleblowers in both the public and private sectors.

Minister of Justice and Constitutional Development, Mmamoloko Kubayi, outlined the proposed legislation during a media briefing in Pretoria on Thursday.

She highlighted the importance of tackling corruption and safeguarding those who come forward with critical information.

The draft bill was largely informed by findings from the Judicial Commission of Inquiry into Allegations of State Capture, commonly known as the Zondo Commission, and the recommendations of the National Anti-Corruption Advisory Council (NACAC).

Minister Kubayi said the legislation addresses gaps in existing whistleblower protections, which have left individuals vulnerable to retaliation, occupational detriment, and, in some tragic cases, loss of life.

“A different approach in releasing this Bill, compared to normally would have approved bills by cabinet, we have convened this media briefing to present to the people of South Africa the Protected Disclosures Bill. Our government has made fighting corruption a priority."

Addressing the gaps in whistleblower protection

The minister noted that current legislation has often failed to adequately protect whistleblowers.

Many who came forward faced suspensions, dismissals, or delays in benefit payments, while some suffered serious harm or even death.

The bill specifically aimed to prevent such outcomes through a strengthened legal framework.

"Practically, corruption networks are becoming increasingly sophisticated, making it harder for law enforcement to detect instances of corruption. Hence, whistleblowing is crucial in exposing these corruption networks. Without strong and credible protection mechanisms encouraged from coming forward, accountability is weakened," Kubayi added.

The bill introduces several key reforms:

• Clear Definitions: The bill clearly defines terms such as “disclosure,” “detrimental action,” and “occupational detriment,” ensuring there is no ambiguity about what constitutes protected activity.
• Confidentiality Protections: Clauses 19 to 23 prohibit disclosure of a whistleblower’s identity without their consent, with strict limitations even for media reporting. Breaches of confidentiality are criminal offenses.
• Legal and State Support: Whistleblowers will have access to legal assistance through Legal Aid South Africa, and, where necessary, protection under the Witness Protection Act, including relocation, identity protection, and security measures.
• Complaints Mechanism: The bill allows whistleblowers or related parties to lodge complaints with a retired judge if disclosures are mishandled or confidentiality is threatened. The judge can investigate and refer matters for corrective action.
• Centralized Database: A central database will be developed to track disclosures, monitor investigations, and ensure accountability. Personal identifying information will not be stored, protecting whistleblowers from exposure.
• Timelines and Accountability: Disclosures must be acknowledged within five days, decisions on investigations made within ten, and investigations completed within 12 months, subject to limited extensions.
• Criminal Penalties: Suppression of evidence, unlawful disclosure of information, or retaliation against a whistleblower could result in fines or imprisonment of up to 15 years, underlining the seriousness of the protections.

Learning from international best practices

Minister Kubayi explained that the bill incorporates international lessons, drawing from jurisdictions such as Australia, Canada, the UK, Kenya, Uganda, Namibia, and Botswana.

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It also aligns with key instruments, including the African Union Convention on Prevention and Combating Corruption and the United Nations Convention Against Corruption, ensuring South Africa’s framework meets global standards.

How is government going to prevent abuse?

Kubayi says the draft legislation contains safeguards against misuse. Individuals who have engaged in wrongdoing cannot exploit the protections to shield themselves.

Intentional false disclosures or attempts to evade disciplinary proceedings would see protection revoked, ensuring the legislation is not misused as a shield for corrupt activities.

Participation and feedback

Minister Kubayi emphasized the importance of public engagement in the process. The bill is now open for comments from civil society, labor organizations, business, and members of the public.

Submissions will be accepted until 14 May 2026, after which the government will refine the bill before it is tabled in Parliament.

Once passed, the Protected Disclosures Bill will require all employers in both public and private sectors to establish internal procedures for handling disclosures and designate responsible officials.

Institutions such as the Public Protector, South African Human Rights Commission, Public Service Commission, and the Auditor-General will also play roles in ensuring disclosures are handled appropriately.

Honouring past whistleblowers

The minister acknowledged whistleblowers who have paid the ultimate price, including Babita Deokaran of the Gauteng Department of Health, Martha Ngoye at PRASA, Athol Williams in relation to Bain & Company and SARS, and Mpho Mafole of Ekurhuleni Municipality.

The bill aimed to prevent a repeat of such outcomes, such as Deokaran's murder, and strengthen South Africa’s ability to combat corruption.

Kubayi urged people to participate in shaping the legislation.

The bill has been widely considered as a landmark step in South Africa’s fight against corruption and was expected to provide long-awaited protections to those brave enough to speak out against wrongdoing.

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