The Organisation Undoing Tax Abuse (Outa) wants Parliament to strengthen the proposed Protected Disclosures Bill to provide immediate emergency support to whistleblowers, warning of insufficiencies in the Bill.

On Thursday, Justice and Constitutional Development Minister Mamoloko Kubayi officially released the proposed Protected Disclosures Bill, calling for stakeholders across civil society, business, and labour to submit input by May 14.

Outa welcomed the Bill as a “necessary admission” that existing whistleblower protections had failed many.

The organisation noted positive improvements in the new Bill, including expanded coverage beyond traditional employees, safeguards for family members and associates, enhanced confidentiality, better reporting procedures, and stronger remedies against retaliation.

However, Outa executive director Stefanie Fick said of critical concern was the practicality of whistleblower protection when faced with powerful, well-resourced opponents, such as politically connected employers or institutions with extensive legal teams.

Fick believes the Bill remains insufficient because it does not fully address the lived reality of whistleblowers, who frequently endure fake charges, financial ruin, reputational damage, family intimidation, and even assassination.

By relying heavily on existing systems and requiring whistleblowers to navigate complicated, expensive legal processes, the Bill failed to offer immediate, proactive protection, she added.

Outa also believes that many whistleblowers will still be left vulnerable to the mercy of their employers with Fick highlighting that legal assistance should be available early and practically.

“The law should also expressly guard against vexatious lawsuits, abusive confidentiality claims and other tactics used to silence those who speak out,” she added.

Outa suggested that South Africa establish a dedicated support fund to assist whistleblowers who suffer retaliation, loss of livelihood or threats to their safety.

Non-profit organisation Corruption Watch said the Bill was a step towards protecting whistleblowers, promoting transparency and enhancing accountability.

Corruption Watch attorney Nkululeko Conco welcomed proposed updates to the whistleblower framework, particularly acknowledging the focus on reducing the financial burden of disclosures and providing legal aid and financial awards.

However, he noted that these specific provisions required further evaluation and refinement, arguing that several areas of the proposed legislation required clarification, specifically regarding the dangers of removing protection, which could leave whistleblowers vulnerable to retaliation.

Additionally, he highlighted the need to define how the Bill aligned with existing legislation such as the Companies Act, and how the reliability and independence of the complaints mechanisms and central database would be verified.

He argued that the Bill maintained a narrow scope of protection, as it primarily focused on employer-employee relationships – potentially third-party contractors – without providing clear protections for those who disclosed information to the media.