Government considers cash rewards for corruption whistleblowers
Whistleblower Bill forms part of broader efforts to crack down on corruption while strengthening accountability, says minister.
Justice and Constitutional Development Minister Mmamoloko Kubayi has unveiled draft legislation seeking to protect whistleblowers and offer them financial rewards for exposing corruption.
Referred to as the Protected Disclosures Bill, the draft legislation seeks to plug gaps identified by the Zondo Commission, which found that existing laws offered insufficient protection and support to whistleblowers, many of whom have faced intimidation, dismissal and even death, as reported by The Witness.
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Addressing the media in Pretoria on Thursday, Kubayi said the inclusion of monetary incentives was aimed at encouraging more South Africans to come forward with information on wrongdoing.
“To incentivise whistleblowing, the Bill also introduces the possibility of financial awards in certain cases,” she said, adding that such measures were aligned with international best practice.
The proposed legislation marks a significant shift from the current Protected Disclosures Act 2000, which has been criticised for offering whistleblowers limited support.
The Bill forms part of broader efforts to crack down on corruption while strengthening accountability, said Kubayi.
Our government has made fighting corruption a priority. Without strong and credible protection mechanisms, individuals will be discouraged from coming forward, thereby weakening accountability and undermining our collective efforts to combat corruption.
“We must build a legal framework that not only protects those who speak out against wrongdoing, but also actively supports and values their contribution,” she said.
The draft law introduces a raft of protections, including criminalising retaliation against whistleblowers, with penalties of up to 15 years’ imprisonment for severe offences.
It also tightens confidentiality provisions, making it illegal to disclose a whistleblower’s identity without consent.
Kubayi acknowledged the risks faced by whistleblowers, citing cases such as murdered Gauteng Health Department official Babita Deokaran, whose assassination highlighted the dangers of exposing corruption.
Beyond financial incentives, the Bill proposes access to State-funded legal assistance through Legal Aid South Africa and extends protection measures under the Witness Protection Act, including relocation and identity protection where necessary.
Unlike the current framework, where investigations can take several years, the proposed legislation calls for stricter timelines, giving investigators 12 months to conclude probes.
Kubayi urged citizens to make submissions on the Bill.
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We now release this bill for public comment and engagement. We encourage all stakeholders, including civil society, business, labour and members of the public, to participate in this process and provide input that will strengthen this important piece of legislation.
“The full Bill will be made available on our website, and the closing date for submissions is 14 May.
“We encourage everyone to go through the Bill and make submissions before the closing date,” she said.
Read the full Bill here.
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