Critical amendments

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THE Active Citizens Movement has submitted a comprehensive memorandum to the Department of Justice, urging critical amendments to the Whistleblower Protection Bill, 2026.

The key proposals include the establishment of an independent commission and criminal sanctions against retaliation, aiming to provide robust protections for whistleblowers exposing corruption.

ACM chairperson, Dr Nora Saneka warned that without the critical amendments, the legislation would fail to deliver meaningful protection to whistleblowers who expose corruption.

While welcoming improvements in the Bill, including broader definitions, enhanced confidentiality, and expanded disclosure mechanisms, Saneka said ACM’s submission identified major gaps that would leave whistleblowers vulnerable.

The proposal includes a risk analysis, comparative table, and a clause‑by‑clause amended Bill: the Whistleblower Protection Bill, 2026.

The key proposals include:

1. An independent Whistleblower Commission headed by a retired judge
2. Reverse onus of proof – the alleged retaliator must prove the action was not retaliation
3. Criminalisation of retaliation with a minimum sentence of 5 years and/or a fine of up to R1 million
4. Whistleblower Support Fund financed from asset recoveries (CARA) and fines
5. State‑funded psychosocial support, including trauma counselling and psychiatric care
6. Specialised Whistleblower Tribunal with powers similar to Equality Courts under PEPUDA, including damages for...

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