Government has called on South Africans to help shape a sweeping new law aimed at protecting whistleblowers.
Minister of Justice and Constitutional Development, Mmamaloko Kubayi, on Thursday unveiled the proposed Protected Disclosures Bill in Pretoria, describing it as a “critical intervention” to safeguard individuals who come forward with information on wrongdoing.
But while the Bill introduces far-reaching reforms, Kubayi stressed that it is still a proposal — and its final strength will depend on public input before the 14 May 2026 deadline.
The legislation stems largely from findings of the Judicial Commission of Inquiry into Allegations of State Capture, which exposed how whistleblowers were often left vulnerable after speaking out.
Kubayi acknowledged that existing protections have fallen short, pointing to cases where whistleblowers were dismissed, financially devastated or even killed. High-profile figures such as Babita Deokaran, Martha Ngoye, Athol Williams and Mpho Mafole were cited as reminders of the risks involved.
“Many whistleblowers are left to navigate complex legal processes without support, often after losing their livelihoods and assets,” Kubayi said.
The Bill seeks to close the gaps by introducing a more comprehensive framework for reporting and protecting disclosures.
Among its key proposals are:
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Clear definitions of what constitutes a protected disclosure and harmful retaliation.
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Strict confidentiality rules, with criminal penalties for exposing a whistleblower’s identity.
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Access to state-backed protection under the Witness Protection Act, 1998, including relocation and security measures.
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Legal assistance through Legal Aid South Africa for those who cannot afford representation.
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A complaints mechanism overseen by a retired judge.
The Bill also introduces tough penalties - including up to 15 years in prison - for those who retaliate against whistleblowers or conceal evidence.
Employers would carry the burden of proving that any action taken against a whistleblower is unrelated to their disclosure.
To prevent cases from stalling, the proposed law sets strict timelines:
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Disclosures must be acknowledged within five days.
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Decisions taken within ten days.
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Investigations finalised within 12 months.
A central database will track cases to improve accountability, although it will not store identifying details of whistleblowers.
Kubayi emphasised that this is a Bill that is still going to have to go through public participation.
Government has urged civil society, businesses, labour groups and ordinary citizens to submit written comments before the deadline, stressing that public input will directly influence the final legislation. – SAnews.gov.za
