The Department of Justice and Constitutional Development is calling for written comments on the proposed Protected Disclosures Bill 2026, colloquially known as the Whistleblower Protection Bill.
The bill is, in part, the implementation of the recommendations of the Zondo Commission, which advocated for urgent reforms to protect whistleblowers.
Existing legislation in the form of the Protected Disclosures Act (PDA) 2000 was found to be insufficient in this regard.
“The PDA was primarily enacted to provide for procedures in terms of which employees in both the private and the public sectors may disclose information regarding unlawful or irregular conduct by their employers or other employees in the employ of their employers and most importantly, to provide protection to employees who make a disclosure.
“It was found in the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud into the Public Sector Including Organs of State [the Zondo Commission], that the PDA does not provide a clear-cut procedure for a discloser to follow, and it does not sufficiently guarantee that the disclosures will be protected.
“Furthermore, it is not proactive in providing physical protection, it offers no incentives to the discloser, and it does not ensure that all such information finds its way to a destination with specialised skills in receiving, investigating, and utilising such information effectively,” the department explained.
The department noted further that the National Anti-Corruption Advisory Council’s (NACAC) final report to President Cyril Ramaphosa recommended “acknowledging and supporting disclosers, preventing retaliation and exploring mechanisms for incentivised disclosures”.
“A draft bill was prepared taking into consideration the Zondo Commission's recommendations and the NACAC report, guidelines from international instruments and foreign jurisdictions,” the department said.
The comments on the bill can be submitted to Ms A van der Walt, on or before 14 May 2026. The contact details are:
- Postal address: The Director-General: Justice and Constitutional Development, Private Bag X 81, Pretoria 0001; or
- E-mail address: whistleblowingreforms@justice.gov.za
Further information can be obtained from Ms A van der Walt at alvanderwalt@justice.gov.za – SAnews.gov.za
