The regulation of corporate whistleblowing in South Africa is inadequate, and whistleblowers are not well protected. The country has high levels of corporate corruption, and despite the Companies Act of 2008’s attempts to protect whistleblowers, reporting rates are low due to fear of being victimised or losing one’s job. The Act provides qualified privilege, immunity from liability, and compensation for damages but is patchy and confusing. To improve protection for whistleblowers, South Africa should have one consolidated legislative framework governing whistleblowing that is clear, consistent, and accessible. In addition, protection can be broadened by protecting whistleblowers for three years after leaving a company and providing better protection from victimisation. Read more below.

South Africa’s corporate whistleblowers don’t get enough protection: what needs to change

By Rehana Cassim*

Corporate misconduct is difficult to detect and prove. This is because it is often hidden by a complicated web of transactions, misleading corporate records and convoluted company group structures. This is why corporate whistleblowers whose positions give them an inside track on misconduct are so important in exposing corporate crime and corruption.

But whistleblowers risk personal and financial risk by coming out. Whistleblower protection in South Africa lags behind international standards and inadequately protects whistleblowers in some respects.

Given South Africa’s high levels of...

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