South Africa is on the path to reforming its law on whistleblowing to provide improved protection for individuals who expose corruption and illegal activity.
The country’s Department of Justice and Constitutional Development recently published a discussion document on the proposed reforms. This first step in reforming the country’s law on whistleblowers is to be welcomed.
Whistleblowers in South Africa have endured severe consequences. These include physical harm, intimidation, and loss of jobs and career prospects. Some have been murdered. Others have fled the country, fearing for their lives or safety.
The Zondo Commission, which investigated state capture and corruption within government departments and state-owned entities, highlighted whistleblowing as one of the most effective tools to combat corruption. The discussion document on reform builds on President Cyril Ramaphosa’s response to the commission’s findings and recommendations.
I am a company law professor with many years of research in corporate governance – including corruption and whistleblowing – in South Africa. My recent analysis of the current whistleblowing regulations found that they do not go far enough in protecting or encouraging corporate whistleblowers. The new discussion document has many commendable proposals, in my view. But these may not go far enough.
While the government proposals would expand the scope of protection under the Protected Disclosures Act, they do not address the challenge of...
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