CW welcomes release of the Protected Disclosures Bill

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Corruption Watch (CW) welcomes the release of the Protected Disclosures Bill by Justice and Constitutional Development Minister Mmamoloko Kubayi, and the opportunity for the public to submit comments and suggestions, which it may do until 14 May 2026.

The strengthening of South Africa’s whistle-blower framework has been one of CW’s enduring pillars and core outcomes. Guided by the recommendations from the Zondo Commission and the National Anti-Corruption Advisory Council, the bill aims to close gaps in the Protected Disclosures Act of 2000 by enhancing protection against retaliation, improving support, and extending protection to individuals beyond traditional employment relationships.

“Corruption Watch welcomes the Protected Disclosures Bill as a step towards protecting whistle-blowers, promoting transparency, and enhancing accountability,” said CW attorney Nkululeko Conco. “We are pleased that the financial burden of making disclosures has been considered and legal assistance as well as an award has been proposed but these areas require further consideration.”

Various aspects of the bill need clarifying, added Conco, such as the effect of revocation of protection which may expose purported whistle-blowers to reprisals, how the bill interacts with other legislation which includes the protection of whistle-blowers (such as the Companies Act), and how the independence and integrity of both the central database and complaints mechanism will be tested.

In August 2023 CW made submissions on the justice department’s discussion paper titled Proposed Reforms for Whistleblower Protection Regime in South Africa. The organisation said that any changes to the whistle-blower protection legislative regime must acknowledge whistle-blowers as the focal point, and the objective to ensure their broadest possible protection should be a foundational principle of the legislation and the starting point for the drafting of any definitions.

Under the existing whistle-blower regime, reporters have repeatedly told CW about the threats – such as harassment, intimidation, violence, and in extreme cases, loss of life – that they face to their lives and livelihoods as a result of their disclosures.

“The bill still seems to apply primarily in an employer-employee (and perhaps third-party contractor) scenario and does not clearly cater for disclosures to the media which keeps the scope of protection narrow,” said Conco.

Through provisions for enhanced confidentiality and accountability, the bill aims to prohibit the disclosure of a whistleblower’s identity without explicit consent, make any breach a criminal act, and provide for the revocation of protection should a whistle-blower be found complicit in wrongdoing, among other improvements.

CW acknowledges and hopes that the following key reforms in the new bill are more than a box-ticking exercise merely to satisfy bureaucratic requirements, rules, or appearances, and that these processes will be strictly followed and rigorously adhered to. Such key reforms include:

Criminalisation of retaliation.
State funded legal aid.
Witness protection access.
Independent oversight.
Financial incentives.
Strict timelines.

With the bill now available, and the closing date of 14 May for public comments not far away, CW is already working on its submission. We urge all stakeholders including business, labour, and civil society at large to scrutinise the bill and make submissions on this vital topic before the deadline.

Listen to a comment from CW attorney Nkululeko Conco, or save it by right-clicking on the audio player: