Image: Itumeleng English/ Independent Newspapers
THE Active Citizens Movement (ACM) has sharply criticised the proposed Protected Disclosures Bill 2026, warning that it falls far short of what South Africa urgently needs to protect whistle-blowers, and combat corruption effectively.
Reformist instead of transformative
ACM’s position is unequivocal – South Africa needs not inadequate, piecemeal and incremental reform, but a new, standalone whistle-blower protection law.
Our view aligns with repeated references by the president to a forthcoming Whistleblower Protection Bill. However, instead of introducing such transformative legislation, the current draft merely tinkers with the existing Protected Disclosures Act.
What the bill gets right
ACM acknowledges that the bill introduces some important improvements:
* A broader definition of who qualifies as a whistle-blower.
* Stronger recognition of confidentiality protections.
* Expanded mechanisms for making disclosures.
* Limited provisions for legal assistance and witness protection.
These elements suggest that government has considered input from civil society. However, ACM stresses that these improvements are largely procedural rather than substantive.
Critical gaps that undermine protection
A detailed comparative analysis shows that several of the most critical protections advocated by the ACM and the National Anti-Corruption Advisory Council (Nacac) are either partially included or entirely absent.
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