The Department of Justice and Constitutional Development (DoJ) invites interested parties to submit written comments on the Protected Disclosures Bill, 2026, which was introduced to the public this morning in a media briefing.
The legal environment has a major influence on an individual’s decision to make a disclosure regarding any improper conduct of an employer or employee (publicly known as ‘blowing the whistle’), said the DoJ. “Protection for disclosers (who are referred to as ‘whistleblowers’ in the public domain) is provided by the Protected Disclosures Act, 2000 (Act No. 26 of 2000) (the PDA). The PDA was primarily enacted to provide for procedures in terms of which employees in both the private and the public sectors may disclose information regarding unlawful or irregular conduct by their employers or other employees in the employ of their employers and most importantly to provide protection to employees who make a disclosure.”
However, the Zondo commission found that the PDA does not provide a clear-cut procedure for a discloser to follow, and it does not sufficiently guarantee that the disclosures will be protected. Furthermore, it is not pro-active in providing physical protection, it offers no incentives to the discloser, and it does not ensure that all such information finds its way to a destination with specialised skills in receiving, investigating, and utilising such information effectively.
In addition, the National Anti-Corruption Advisory Council (NACAC) in its final report to the President in August 2025 recommends, inter alia, on the strategic and systemic implementation of the Zondo Commission report, including acknowledging and supporting disclosers, preventing retaliation, and exploring mechanisms for incentivised disclosures.
Accordingly, the DoJ prepared a draft Bill, taking into consideration the Zondo Commission’s recommendations and the NACAC report, and guidelines from international instruments and foreign jurisdictions.
Comments on the Bill must be submitted to Ms A van der Walt, on or before 14 May 2026.
The contact details are:
(a) Postal address:
The Director-General: Justice and Constitutional Development
Private Bag X 81
Pretoria
0001;
(b) e-mail address: whistleblowingreforms@justice.gov.za
Further information can be obtained from Ms A van der Walt at alvanderwalt@justice.gov.za.
