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

Speaking in Pretoria, Kubayi emphasised that the new legislation was not only an update, but an intervention to deal with corruption networks in the country.

“Without strong and credible protection mechanisms, individuals will be discouraged from coming forward, thereby weakening accountability and undermining our collective efforts to combat corruption,” she said.

The proposed legislation arose largely from the findings of the Judicial Commission of Inquiry into allegations of State Capture, led by Deputy Chief Justice Raymond Zondo, as well as recommendations from the National Anti-Corruption Advisory Council.

Kubayi described this Bill as a robust, all-encompassing framework for protecting whistleblowers, effectively addressing previous legislative weaknesses.

She remarked that while the current Protected Disclosures Act offered a basic structure, it had been found to be “critically flawed”, lacking standardised reporting protocols and failing to protect whistleblowers from occupational detriment.

The primary goal of the proposed Protected Disclosures Bill was to provide secure reporting avenues, shield individuals from reprisals, and ensure that disclosures were managed by capable institutions, she added.

The draft Bill is informed by local judicial findings and extensive comparative research into international best practices across several jurisdictions, including the UK and Australia.

Furthermore, Kubayi pointed out that the Bill aligned with global standards such as the African Union Convention on Preventing and Combating Corruption and the United Nations Convention against Corruption to enhance and modernise existing laws.

She strongly emphasised the personal consequences of weak legislation, pointing out that whistleblowers often sacrificed their homes, assets, and careers.

“... while current legislation exists, there have been numerous instances of whistleblowers suffering occupational detriment, including suspension and dismissal. In some cases, dismissals are used to punish employees, payouts of benefits are delayed, and tragically, some whistle-blowers have lost their lives,” she explained.

Kubayi honoured the memory of those who "paid the ultimate price", specifically acknowledging the late Babita Deokaran of the Gauteng Department of Health, Athol Williams for his role in exposing corruption at the South African Revenue Service which ultimately forced him to emigrate, Martha Ngoye of Passenger Rail Agency of South Africa, and the late Mpho Mafole of Ekurhuleni municipality.

Meanwhile, opposition parties have blamed government for the delay in the protection of whistleblowers, with the Democratic Alliance having implemented local initiatives such as the approved whistleblowing policy and hotline in the Fezile Dabi district municipality.

ActionSA has written to Kubayi, requesting an urgent meeting to fast-track its own proposed legislation.

Earlier this year, the party announced its Fallen Whistleblowers Bill, which seeks to amend the Public Procurement Act to enhance protections for whistleblowers, introduce meaningful incentives, and enable private prosecutions to ensure accountability where the State fails to act.

However, the party welcomed the Minister’s announcement of proposed amendments to the Protected Disclosures Act, which it said drew directly from its proposals by similarly strengthening protections and introducing incentives for whistleblowers.

Public comments on the Bill can be made here.