The Department of Justice and Constitutional Development (DJCOD) has released reforms to whistleblowing legislation for public comment.
The recommendations follow President Cyril Ramaphosa’s response to recommendations set out in the State Capture reports which called for more protection of whistleblowers when reporting fraud and corruption.
“The recommendations are based on thorough research and comparative analysis of whistleblower systems in various countries worldwide, including the United States, the United Kingdom, New Zealand, Canada, and Australia, all of which have established frameworks.
“The department also evaluated whistleblower systems in five African nations - Uganda, Namibia, Kenya, Tanzania, and Ghana - to ensure a comprehensive evaluation. The selection of these countries was strategically diverse, enabling us to explore the universal aspects of the Whistleblower phenomenon comprehensively,” the department said.
It acknowledged that there are “strong trends of retaliation” from those who want to silence brave whistleblowers.
As a result, the document set out for comment covers both whistleblowers and witness protection measures.
“The discussion document proposes several measures to enhance the protection of whistleblowers.
“These include expanding the scope of the Protected Disclosures Act to cover more than just the employer-employee relationship, establishing a fund to support whistleblowers, and granting greater authority to the South African Human Rights Commission in handling protected disclosures. These changes could positively impact promoting transparency and accountability in various sectors.
“Furthermore, the discussion document recommends that whistleblowers be offered the necessary legal and emotional assistance to help them navigate the complicated legal system and deal with the emotional challenges that come with it.
“These recommendations are designed to create a comforting and supportive environment for whistleblowers, encourage accountability and transparency, and inspire more people to speak up against fraud and corruption in our society,” the department said.
The DJCOD said the document is “a positive step forward” in the fight against corruption and fraud.
“With the ability to come forward and report cases to their employer, authorities, or civil society, individuals are empowered to prevent or expose potential corruption. By creating a culture of transparency and accountability, we can build a brighter future for all.
“As the process unfolds, the Minister [Ronald Lamola] is actively collaborating with various stakeholders to establish a provisional framework to implement some of the proposed recommendations and offer support to whistleblowers who have suffered retaliation.
“The process is being addressed with urgency and care to ensure that those brave enough to speak up are protected, and their concerns are taken seriously,” the department said.
The whistleblowers document can be accessed on https://www.justice.gov.za/legislation/invitations/invites.htm.
Comments can be sent to: whistleblowingreforms@justice.gov.za for the attention of Advocate Thobeka Nkabinde, Branch Legislative Development and Legal Services.
The deadline for comments is 15 August 2023. – SAnews.gov.za
