Whistle-blowers critical to upholding accountability

sure that they can do so without fear of retaliation,” he said.

Legislation

Currently, South Africa’s whistleblower legislation is the Protected Disclosures Act, 2000 (Act 26 of 2000). However, it only refers to employer-employee relations and does not extend protection beyond that relationship, does not require confidentiality nor does it offer legal and financial assistance to whistle-blowers.

considered a criminal offence for an individual to seek retribution against a whistle blower who has made a protected disclosure.

“Moreover, the State should offer protection to whistle-blowers and their immediate family members if their safety or property is at risk. Finally, whistleblowers should be recognised as witnesses under the Witness Protection Act, 1998 (Act 112 of 1998).

Make your contribution

“We eagerly anticipate the contributions of society to create a society where morality and integrity are matched by enthusiasm for justice and not vengeance,” Lamola said.

Justice and Correctional Services Minister Ronald Lamola says the protection of whistle-blowers from retaliation and vengeance remains an imperative which would honour the legacy of former President Nelson Mandela.

The Minister was speaking at the Public Service Commission’s symposium into the protection of whistle-blowers held in July.

“As we reflect on the profound legacy of President Mandela, we must acknowledge that his unwavering commitment to justice and equality must serve as an inspiration for us all.

“In order to uphold these values, we must prioritise protecting those who speak out against wrongdoing. Whistleblowers play a critical role in promoting accountability and transparency and we must en-

To improve on this, the Department of Justice and Constitutional Development has released – for public comment – a document with proposed reforms for South Africa’s whistle-blower regime.

According to Lamola, this document proposes several measures to enhance protections.

“According to the report, it is recommended that any provision in a contract that attempts to exclude the Protected Disclosures Act of 2000 should be prohibited. Furthermore, it should be

He explained that while work to strengthen whistle-blower legislation continues in the background, government is working on how it can help those speaking out right now.

“The question we currently grappling with is what happens in the interim? whilst we are reviewing the Act, whistle-blowers are being victimised now.

“We are working with the private sector players and civil society to navigate this difficult conundrum. Since as we speak now, one can only exercise a power or action empowered by law,” Lamola concluded.

– SAnews.gov.za