New bill could reward workers who report wrongdoing and jail those who retaliate
South Africa is taking whistleblower protection seriously. A new bill proposes financial rewards for those who speak out and prison time for those who silence them.
Justice and Constitutional Development Minister Mmamoloko Kubayi has gazetted the Protected Disclosures Bill for public comment, marking a significant step forward in safeguarding individuals who expose wrongdoing in the workplace.
The bill proposes a strengthened framework that ensures whistleblowers have access to secure reporting channels, are shielded from retaliation and receive support throughout the disclosure process.
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What financial rewards could whistleblowers receive?
A notable inclusion in the bill is a financial award for employees who blow the whistle and whose claims are subsequently found to be true.
Where a court convicts an employer of improper conduct under the Act and imposes a monetary sanction, the whistleblower may be eligible for an amount not exceeding one-fourth of that sanction, provided their evidence directly contributed to the conviction.
What prison sentences could be imposed for retaliating against a whistleblower?
The bill also proposes up to 15 years in prison for anyone who reveals a whistleblower's identity or retaliates against them. This provision signals a firm legislative stance against those who seek to silence individuals who come forward in the public interest.
Why was this bill considered necessary?
Minister Kubayi noted that whistleblowers have historically suffered serious occupational detriment, including suspension, dismissal, delayed benefit payouts, and in tragic cases, loss of life.
Many have been left to navigate complex legal processes without adequate institutional support, often after already losing their livelihoods.
According to BusinessTech, the Zondo Commission found existing legislation inadequate in several key respects, citing the absence of clear disclosure procedures, insufficient protections, and a lack of coordinated systems to ensure disclosures are effectively received.
How was the bill developed?
In developing the bill, the department drew on the findings of the Zondo Commission as well as international best practice, including comparative research from the United Kingdom, Canada, and elsewhere.
The bill aims to close the gaps identified in current legislation by introducing a more comprehensive and coherent framework that supports disclosers from the moment they come forward through to the resolution of their case.
The bill is currently open for public comment.
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