“See it. Say it. Sorted.” The persistent refrain on the public address system of the London underground will be familiar to anyone who travels to and around the UK’s capital city. Sounds good, doesn’t it? A witness to wrongdoing reports it; action is taken by the relevant authority; disaster is averted.
But not in South Africa. “See it. Say it. Get assassinated” would be far more apt. Ask Babita Deokaran’s family. This is the often deadly dilemma of the whistleblower. You’ve seen it, but dare you say it? And yet we need them: like the fabled canaries sent down the mine to sniff the first whiff of lethal gas, whistleblowers can provide an early warning in the treacherous fight against corruption.
The Zondo commission of inquiry into state capture woke up to these fundamental points regrettably late in the day. Having sat through three years of evidence of deep-seated, endemic corruption, the commission threw in some last-minute, half-baked recommendations about the need to reform the law that purports to protect whistleblowers from retribution ― the Protected Disclosures Act.
After an inexplicable delay this has now resulted in a draft new bill to replace the act. Zondo found that the Protected Disclosures Act was not fit for purpose because it failed in its primary task: to protect the whistleblower. And, furthermore, that it is not proactive in providing physical protection, offers no incentives to the discloser and does not ensure all such information finds its way to a...
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