Corruption in South Africa: whistleblower protection law is being reformed - but it may not go far enough
South Africa is on the path to reforming its law on whistleblowing to provide improved protection for individuals who expose corruption and illegal activity.
- South Africa is on the path to reforming its law on whistleblowing to provide improved protection for individuals who expose corruption and illegal activity.
- The country’s Department of Justice and Constitutional Development recently published a discussion document on the proposed reforms.
- This first step in reforming the country’s law on whistleblowers is to be welcomed.
- I am a company law professor with many years of research in corporate governance – including corruption and whistleblowing – in South Africa.
Financial incentives
- The discussion document rejects the idea of providing financial rewards to whistleblowers.
- It opts instead for a fund to assist those who are dismissed and who face severe financial hardship for blowing the whistle.
- While the fund may provide some relief to unemployed whistleblowers, it does not go far enough to give whistleblowers an incentive to come forward.
- Without adequate incentives, whistleblowers may hesitate to come forward and expose corruption.
Other proposals for reform
- This proposal is commendable because of the risks whistleblowers face in South Africa.
- Legal Aid South Africa should provide legal assistance to whistleblowers at the justice minister’s discretion.
- It is, however, crucial to establish effective processes and to avoid prolonged delays in addressing complaints.
Consolidated legislative framework
- The complexity and vagueness may also discourage people from disclosing wrongdoing.
- The proposed reforms focus at this stage on enhancing the Protected Disclosures Act, but not the other statutes related to whistleblowing.
- Given South Africa’s staggering and escalating corruption levels, a strong legal framework is needed which both encourages whistleblowing and effectively protects whistleblowers.
- Hopefully, the final reforms will provide stronger encouragement and incentives for whistleblowers, considering the risks they face while bravely serving society.
The main statutes governing whistleblowing in South Africa are the Protected Disclosures Act of 2000 and the Companies Act of 2008. But there are at least nine other statutes governing whistleblowing. These include: