The country has put forward a Bill that would significantly bolster the safeguards afforded to whistleblowers as it acknowledges several deficiencies under the current law.
South Africa yesterday (9 April) unveiled its Protected Disclosures Bill as it plots a revamp of its whistleblower legislation. Key changes include enhanced confidentiality mechanisms, jail sentences for unlawfully revealing a whistleblower’s identity, financial incentives for disclosers and better legal support.
Minister of Justice and Constitutional Development, Mmamoloko Kubayi, described the proposed legislation as an “important Bill” which follows the findings of the Judicial Commission of Inquiry into Allegations of State Capture – known as the Zondo Commission – as well as recommendations of the National Anti-Corruption Advisory Council (NACAC).
The Zondo Commission found that the country’s 2000 Protected Disclosures Act (PDA) fails to provide a clear-cut procedure for disclosers – namely private and public sector employees – and does not sufficiently guarantee that the disclosures will be protected. Furthermore, it is not proactive in providing physical protection and offers no incentives to the discloser.
“While the current legislation exists, there have been numerous instances of whistleblowers suffering occupational detriment, including suspension and dismissal,” Kubayi said in a statement, adding: “In some cases, dismissals are used to punish employees, payouts...
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