Government has unveiled sweeping 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, on Thursday released the Protected Disclosures Bill for public comment, describing it as a critical intervention to safeguard individuals who come forward with information on wrongdoing.
Speaking at a media briefing in Pretoria, Kubayi said government convened the briefing to present the Protected Disclosures Bill to the people of South Africa.
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).
Whistleblowers at risk
Kubayi painted a stark picture of the risks faced by whistleblowers, noting that existing laws have failed to adequately protect them.
“While the current legislation exists, there have been numerous instances of whistle-blowers suffering occupational detriment, including suspension and dismissal. In some cases, dismissals are used to punish employees, payouts of benefits are delayed, and tragically, some whistle-blowers have lost their lives,” she said.
She cited high-profile cases, including Babita Deokaran, Martha Ngoye, Athol Williams and Mpho Mafole, as examples of individuals who suffered for exposing corruption.
The Minister said many whistleblowers are left to navigate complex legal processes without support, often after losing their livelihoods and assets.
Closing gaps in current law
The Bill seeks to address weaknesses identified by the Zondo Commission and NACAC, including unclear reporting procedures, weak protection measures and lack of coordinated systems.
“This Bill seeks to address these shortcomings by introducing a strengthened and more comprehensive framework for the protection of disclosers.
“It aims to ensure that individuals who come forward have a secure reporting channel, are protected from retaliation, supported throughout the process, and that their disclosures are handled efficiently by appropriately capacitated individuals and institutions,” Kubayi said.
Key protections introduced
Among its major reforms, the Bill introduces:
• A clear definition of a disclosure, detrimental action and occupational detriment in clauses 1, 2 and 3.
The Minister explained that a disclosure is information revealing improper conduct in the public or private sector. Detrimental action is action resulting in unfair discrimination, action that threatens or violates the legal rights of a person disclosing or a related person, action that amounts to intimidation or harassment, including conduct that causes personal harm or injury, or leads to loss of, or damage to, property or livelihood.
• It outlines mechanisms to protect the confidentiality of disclosures and disclosers in clauses 19 to 23.
“The Bill prohibits the disclosure of the identity of a discloser or any information that may lead to their identification without their consent, except where strictly necessary for purposes of handling the disclosure. It further provides for restricted access to information, in camera court proceedings, and the redaction of identifying details in legal processes. Any breach of these confidentiality provisions constitutes a criminal offence,” the Minister explained.
• The Bill provides for protection under the Witness Protection Act, 1998, in clause 22.
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.
• It provides for legal assistance to disclosers in clause 23.
Where a discloser cannot afford legal representation, a court or tribunal may refer the matter to Legal Aid South Africa, which must provide legal assistance at state expense where substantial injustice would otherwise occur.
• The Bill introduces a complaints mechanism in clauses 24 to 26.
This mechanism is overseen by a retired judge designated by the President in consultation with the Chief Justice. It allows disclosers or related persons to lodge complaints where disclosures are not properly handled, where retaliation occurs, or where confidentiality is threatened, and empowers the judge to investigate and refer matters for appropriate action.
• Furthermore, the Bill criminalises breaches of the legislation.
These include the suppression or concealment of evidence during an investigation, the unlawful disclosure of information or the identity of a discloser and subjecting a discloser to occupational detriment or detrimental action. These offences attract serious penalties, including fines and imprisonment of up to 10 or 15 years, depending on the nature of the offence.
“So, we are saying those who deliberately breach this legislation, as we propose, will face consequences and a maximum sentence of 15 years. This talks to the seriousness of how we want to protect whistleblowers in this regard,” Kubayi said.
The Bill also places a legal burden on employers to prove that any action taken against a whistleblower is not linked to their disclosure.
The Minister further explained that a disclosure is a protected disclosure if it is made to the following individuals or institutions:
• Every employer, including both the private and public sectors. All employers are required to develop procedures for receiving and managing disclosures, including the designation of an official responsible for handling such disclosures.
• A legal practitioner or legal adviser.
• A member of the Cabinet, Executive Council of a province, or a Municipal Council.
• Institutions such as the Public Protector, the South African Human Rights Commission, the Commission for Gender Equality, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, the Public Service Commission, and the Auditor-General.
Faster reporting and accountability
To improve efficiency, the proposed law introduces strict timelines:
- Disclosures must be acknowledged within five days.
- Decisions taken within ten days.
- Investigations completed within 12 months.
A central database will be created to track disclosures and ensure accountability, although no personal information of whistleblowers will be stored.
Incentives and financial support
In a significant shift, the Bill opens the door for financial support and possible incentives for whistleblowers.
Responding to questions, Kubayi confirmed that support mechanisms would be strengthened through the expansion of the witness protection system.
“Yes, the current law does not provide for witness protection to protect whistleblowers, and that's why this bill, particularly once it is approved, then it gives that mandate, it becomes an extended mandate to the witness protection unit,” she said.
She said the aim is to build on existing systems rather than create new ones.
“We don't want to reinvent the wheel. We don't want to change what is already there, but also link it up,” she said.
On incentives, Kubayi said government is cautious about adopting a direct cash reward model but is open to public proposals.
“For example, we can work together with partners in the private sector. If a whistleblower, let's say, is dismissed from work while the investigation is happening, the banks do not repossess their cars, the banks do not repossess their houses… So there are various incentive mechanisms that we can put in place to encourage but protect the whistleblowers, instead of just a cash payout to the individual,” she said.
She added that while minimum financial support is being proposed, broader models, including international practices, will be considered during public consultation.
Expanded protection beyond testimony
Kubayi clarified that the Bill proposes extending witness protection to whistleblowers even before they testify in formal proceedings, a significant shift from the current system.
However, she stressed that the Bill is not yet law and remains subject to public input and parliamentary approval.
“This is a Bill that is still going to have to go through public participation… So, currently, what I've mentioned here are proposals that are found in the new Bill; they are not yet in place,” the minister said.
Public participation invited
The Bill has been released for public comment, with submissions open until 14 May 2026.
“We encourage all stakeholders, including civil society, business, labour, and members of the public, to participate in this process and provide inputs that will strengthen this important piece of legislation,” she said.
Kubayi emphasised the importance of written submissions to ensure transparency and legal compliance in the consultation process.
Background: The Protected Disclosures Bill
The Protected Disclosures Bill is a response to long-standing concerns that South Africa’s existing whistleblower framework is inadequate.
The Zondo Commission into State Capture highlighted systemic failures in protecting whistleblowers, noting that many faced intimidation, dismissal, financial hardship and, in some cases, assassination.
The Bill builds on the current Protected Disclosures Act but introduces stronger safeguards, clearer procedures and institutional support mechanisms.
It also aligns South Africa with international best practices, drawing from countries such as Australia, Canada and the United Kingdom, and frameworks like the United Nations Convention against Corruption.
Importantly, the Bill proposes:
- Extending witness protection to whistleblowers from the point of disclosure, not only when testifying.
- Introducing potential financial support and incentives.
- Strengthening penalties for retaliation and breaches of confidentiality.
- Creating systems to ensure disclosures are acted upon efficiently.
The legislation is also designed to balance protection with accountability, allowing for the withdrawal of protection in cases where individuals act in bad faith or are complicit in wrongdoing.
When adopted, the Bill is expected to play a key role in South Africa’s broader anti-corruption strategy by encouraging more individuals to come forward while ensuring their safety and support. – SAnews.gov.za
