Current whistleblower protections are overseen by the Department of Justice and Constitutional Development.
The police ministry is not working on any legislation to protect whistleblowers, and has not considered the matter for several years.
Protection for those speaking out against corruption at all levels has been a talking point for several years, with reforms lingering only as proposals.
Calls for protection have not only extended to whistleblowers, but also to legal and financial professionals who investigate corruption.
Years since last threat assessment
Police portfolio committee chair Ian Cameron queried in November when the last threat assessments for private professionals involved in state capture or other corruption investigations were undertaken.
He also asked the ministry whether legislation to protect whistleblowers was currently being drafted.
In a response published this week, the ministry said such evaluations had not been done for at least five years.
“Saps [South African Police Service] has not conducted any threat and risk assessments on the listed categories since 2020,” the ministry confirmed.
Regarding legislation, it explained that whistleblower protections fall under the Witness Protection Act and the Protected Disclosures Act, which are overseen by the Department of Justice and Constitutional Development (DJCD).
“Saps will, however, continue to support the DJCD initiatives to revise and strengthen the legislation to ensure effective measures are provided to assist and protect whistleblowers.”
When asked whether protection for parliamentarians had been considered, the ministry also replied in the negative.
“The security of parliament falls with the mandate of the Head of Security of Parliament. Saps has no plans to take over the role or responsibility of professional protection in parliament,” the ministry concluded.
Proposal still pending
In June 2023, a discussion document recommended the Whistleblower Protection Amendment Bill, but two years on, the improved legislation is still a proposal.
At a G20 side event in October, the Public Protector presented on the importance of whistleblower protections, noting again that the amendment bill remains a proposal.
Cliffe Dekker Hofmeyr earlier this year stated that current legislation was inadequate as it left whistleblowers open to intimidation, job insecurity and physical threats.
“The Act[s] require disclosures to be made through specific channels, which discourages many potential whistleblowers from coming forward.
“South Africa’s existing framework falls short of international standards in terms of coverage and whistleblower incentives,” stated the firm.
