Edition July 2026

Government has stepped up efforts to strengthen protections for whistleblowers, amid growing concern over the risks faced by those who expose wrongdoing. The issue has recently come into sharper focus, following the killing of Marius van der Merwe, known as Witness D, shortly after he testified before the Madlanga Commission of Inquiry.

The reform process gathered momentum in April 2026, when Justice and Constitutional Development Minister Mmamoloko Kubayi released the draft Protected Disclosures Bill for public comment. The proposed legislation seeks to repeal and replace the Protected Disclosures Act of 2000 with a stronger and more comprehensive framework for safeguarding whistleblowers.

In an interview with Public Sector Manager (PSM), Kubayi, expatiated on how the proposed legislation seeks to address long-standing shortcomings in the current legal framework and create a safer environment for those who expose corruption, fraud and other forms of wrongdoing.

The proposed Bill follows recommendations made by the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector, commonly known as the Zondo Commission, in 2022 as well as recommendations from the National Anti-Corruption Advisory Council in 2025.

According to Minister Kubayi, the legislation is also intended to modernise South Africa’s whistleblower protection regime and ensure that disclosures are handled effectively while providing meaningful support to those who come forward.

“The Protected Disclosures Act of 2000 was primarily enacted to provide procedures through which employees in both the public and private sectors could disclose information regarding unlawful or irregular conduct and to provide protection to employees who make disclosures,” she said.

A stronger protection framework

However, evidence over the past two decades revealed severe impairments.

“It was found in the Zondo Commission that the current Act does not provide a clear-cut procedure for a discloser to follow and does not sufficiently guarantee that disclosures will be protected. It is not proactive in providing physical protection, it offers no incentives to the discloser, and it does not ensure that information reaches institutions with specialised skills to receive, investigate and utilise such information effectively,” the Minister explained.

One of the most significant features of the proposed legislation is the criminalisation of retaliation against whistleblowers.

The Bill introduces severe penalties for individuals who subject whistleblowers to occupational detriment or other forms of detrimental action because of their disclosures.

“This is an additional layer of protection,” said Kubayi. “A contravention of these provisions may attract a fine or imprisonment for a period not exceeding 15 years, or both.”

“The seriousness of this offence is such that occupational detriment and detrimental action against disclosers can lead to loss of lives, as we have seen in some reported cases. It is, therefore, important that such an offence should carry serious penalties to serve as a deterrent.”

The proposed penalties signal government’s intention to treat retaliation against whistleblowers as a serious criminal offence rather than merely a labour relations matter.

The Bill also seeks to address one of the major concerns highlighted during the State Capture inquiry – the vulnerability of whistleblowers after they come forward.

Minister Kubayi said the proposed legislation significantly expands the protection available to disclosers.

“The Bill provides that no discloser or related person may be subjected to any detrimental action on account, or partly on account, of having made a protected disclosure,” she said.

Importantly, protection is no longer confined to the traditional employer-employee relationship. Where a whistleblower experiences retaliation, both the employer and the client who is aware of the detrimental action may be held jointly and severally liable.

The Bill also extends access to witness protection measures.

Legal assistance 

Legal assistance forms another key pillar of the support framework. Under the proposed legislation, courts may refer whistleblowers who cannot afford legal representation to Legal Aid South Africa for assistance at State expense, where substantial injustice would otherwise result.

To strengthen these protections further, the Bill proposes amendments to legislation governing Legal Aid South Africa to ensure that whistleblowers can access legal support without being subjected to certain standard eligibility requirements, such as means testing.

The Bill also places a strong emphasis on preserving confidentiality.

Funding the support measures

Questions have been raised about how government intends to fund the expanded support measures, including psychosocial services, legal assistance and witness protection.

Kubayi has acknowledged that sustainable funding will be critical to the effective implementation of these measures.

“As part of the legislative implementation process, the Department engages with the National Treasury to ensure that the implementation of the measures provided for in the Bill are adequately funded once Parliament passes the Bill into an Act of Parliament,” she said.

Another notable innovation is the introduction of financial rewards for whistleblowers.

The Bill proposes that courts may award qualifying whistleblowers up to one quarter of a monetary sanction imposed following a successful conviction.

“Whistleblowers expose corruption, fraud and other types of serious crimes at huge personal cost to themselves and their families,” said Kubayi.

“At worst, whistleblowers lose their lives, and there are some who suffer retaliatory action that leads to loss of jobs, income and properties such as houses and cars.”

While the proposed reward is relatively modest, she believes it serves an important purpose.

“We believe it is necessary for some of their expenses to be covered for doing this very important public service. In addition to encouraging reporting, we also want to ensure that whistleblowers’ living circumstances are cushioned from the potential backlash that they might suffer.”

Guarding against abuse

 To guard against abuse, the Bill includes strict penalties for malicious or false disclosures.

“A discloser who intentionally discloses false information knowing that information to be false, or who ought reasonably to have known that the information is false, is guilty of an offence,” the Minister explained.

Such offences could attract a fine, imprisonment of up to two years, or both. The Bill further provides that protection may be withdrawn in cases where a whistleblower knowingly makes false statements or continues to participate in the wrongdoing being disclosed.

Central electronic database

Another important feature of the proposed legislation is the creation of a central electronic database to record and track protected disclosures. 

The database will capture key information, including the date on which a disclosure was received, its status – whether under investigation, referred, dismissed or finalised – as well as the timelines attached to each stage of the process.

“The central database will enable tracking, monitoring and accountability in ensuring compliance with the timelines provided for, as well as improving coordination and preventing duplication of investigations,” Kubayi explained.

The Bill extends protection beyond employees to include contractors, consultants, trainees and other individuals who may possess valuable information regarding wrongdoing.

“Where disclosures are only restricted to employees, it becomes a disadvantage to the entire system to rid itself of corruption and other unlawful activities.”

The legislation also requires employers in both the public and private sectors to establish internal disclosure procedures and designate officials responsible for receiving and managing reports.

Independence and credibility 

To enhance confidence in the whistleblower protection framework, the Bill introduces a complaints mechanism overseen by a retired judge.

The Minister believes this will strengthen both independence and credibility.

For the Minister, the Bill ultimately represents an important step towards rebuilding public confidence and strengthening the fight against corruption.