Political leaders demand stricter laws for whistle-blower safety

World Whistle-blowers Day on June 23 is dedicated to raising awareness about the crucial role that whistleblowers play in exposing wrongdoing and promoting transparency.

THERE have been heightened calls for the Government of National Unity (GNU) to provide better protection to whistle-blowers. 

During a recent mini-plenary session, members of parliament (MP) from various political parties debated the need for strengthening whistle-blower protection by enacting robust laws that guarantee anonymity, job security, and legal support for individuals who reported corruption. 

Visvin Reddy, an uMkhonto weSizwe (MK) Party member of parliament, said they tackled corruption head on. 

“We don't silence whistle-blowers. We protect them because in a country drowning in lies, the person who tells the truth is the bravest one of all. I will say this loud and clear, if Babita Deokaran had spoken out under an MK government, she would still be alive today. She would be protected, not hunted; celebrated not assassinated;  and the people stealing from our people, they would be behind bars, and not behind desks.”

Reddy said those who spoke the truth, faced losing their jobs or lives. 

“Take Babita for example, she worked in the Gauteng health department.  She saw money meant for hospitals and nurses being looted through dodgy PPE tenders. She did the right thing and what did she get?  She was killed in front of her home. The big fish behind it, where are they? They are still free. 

“There are officials in licensing departments who are watching bribes being taken daily. There are municipal officials who see tenders given to cronies while people go without water. They stay silent because they know the risk. Over 10 years,  the AG (Auditor General) has flagged billions in corruption. That's why the MK Party says enough is enough. We are not here to protect the corrupt.  We are here to protect the brave souls who speak up,” he said. 

Reddy said there was a need for laws that protected whistle-blowers, guarantee anonymity and job safety, provide legal support and emergency relocation if needed. 

“We propose a whistle-blower protection act, an independent  whistleblower agency, a national whistle-blower heroes fund and jail time for leaking a whistle-blower's identity. All whistle-blower reports need to be automatically investigated by a corruption unit free from political interference.  Let us honour Babita and let us protect the next brave voice. This is not about politics; this is about the soul of our nation,” he said. 

Dereleen James, an ActionSA MP said: “If the GNU even cared one iota about protecting whistle-blowers they would have done it by now. If they were remotely serious about strengthening protections for the brave South Africans who risk everything to expose corruption then the Zondo Commission's recommendations would not be gathering dust three years later. Untouched, unimplemented and just forgotten.”

She said the GNU was not a unity of purpose.

“It's a coalition of coverups and the so-called progressive. The GNU does not want to protect whistle-blowers because they are protecting themselves. They drag their feet on funding the NPA because they are terrified of being prosecuted. They do not want to fight corruption because they are corrupt. The GNU does not want justice, they want silence. Silence from Babita Deokaran, silence from every South African who dares speak the truth.

“Well not on our watch. This is why ActionSA will be introducing a Zero Tolerance Corruption Bill to take on public enemy number one which is corruption. The bill is a warning shot to every crooked politician who thinks they will be shuffled from one coy cozy position to the next. We are coming for you. To every official who thinks that looting the State can be followed by a quiet retirement or diplomatic posting,  your time is up. The bill will ensure that anyone convicted of corruption will never hold public office again. Once you break the bond of public trust, you are out forever. 

“We will be introducing whistle-blowers rewards based on international best practice. If the State won't protect whistle-blowers, then let us do so. We will give whistle-blowers the means, the safety and the legal support they need to come forward and take down the syndicates that have embedded themselves at the heart of government. The truth is, the GNU is not a solution to our crisis, it is the crisis. The so-called progressive caucus is not a solution. They are the wolves eyeing the sheep and ActionSA will not sit quietly while South Africans are expected to accept corruption that goes unpunished,” she said. 

Glynnis Breytenbach, a Democratic Alliance MP said: “In this country are at a crossroads in democracy. One where the integrity of our institutions, the trust of our citizens and the sanctity of our constitutional values are under immense strain.”

She said the matter of whistle-blower protection in South Africa was an issue not only of legal and administrative reform, but of moral imperative. 

“Whistle-blowers play an important role in our society. They are not saboteurs, they are not enemies of the state, they are brave men and women who often at great personal cost shine a light on corruption, maladministration, abuse of power and gross human rights violations. They are guardians of public interest, uncompensated sentinels of our democracy. 

“Whistle-blowers act in the spirit of Section 195 of our Constitution which enshrines principles of transparency, accountability and good governance. They ensure that State power is exercised lawfully, ethically and in the service of the people. When they step forward to expose wrongdoing they are often met not with gratitude or protection but with intimidation, harassment, unemployment isolation and in far too many cases,  death,” she said. 

Breytenbach said that the current state of whistle-blower protection in South Africa was inadequate and incoherent.

“The main legislative instrument, the Protected Disclosures Act (PDA)  was a progressive step forward at the time of its enactment. But over two decades later it has not evolved sufficiently to address the sophisticated threats whistle-blowers face today. The act applies primarily to employees in the workplace context.  It does not extend adequately to contractors, consultants, volunteers or community members who may witness corruption or wrongdoing. 

“The PDA offers no proactive physical protection or financial support. It only provides post-op remedies which are often difficult, expensive and time consuming to pursue. No independent whistle-blower protection authority exists. Oversight is fragmented across the public protector the SAPS, the Hawks and other bodies, none of which are solely or effectively tasked with whistle-blower protection. As a result many whistleblowers have had their identities leaked often by those entrusted with their safety.

“One of the proposals is a private bill which is being prepared by the DA to be introduced in the near future. We must always remember the words of Archbishop Desmond Tutu, who said, ‘If you are neutral in situations of injustice, you have chosen the side of the oppressor’. I urge this parliament to act boldly, decisively and immediately. Let us institutionalise the values of our constitution. We should not wait for another name to be added to the tragic lists of those betrayed by the very system they try to save,” she said.  

Marlon Daniels, a Patriotic Alliance MP, said whistle-blowers, who had the courage to expose corruption often at great personal risk are not just informants. 

“They are patriots. They are defenders of justice and deserve our full protection. If the information they provide us is factual, if it exposes the fraud or abuse of power then we must stand with them without any hesitation.”

Daniels said whistle-blowers also played a critical role in holding the powerful accountable.

“Without whistle-blowers, State capture would have remained hidden. Billions of taxpayers money would still be looted with impunity and public trust in government would be completely eroded. Yet, what happens to those who speak out? They face intimidation, job losses and even threats to their lives. This is unacceptable. If we are serious about fighting corruption we must ensure that those who expose it are protected and not persecuted.

“We demand robust whistle-blower protection laws that guarantee anonymity. Whistle-blowers must be able to report corruption without fear of exposure. No individual should also lose their livelihood for doing the right thing and as far as legal support goes, the State must provide legal defense to whistle-blowers against frivolous lawsuits or retaliation. 

“South Africa is at a crossroads. We can either side with those who steal from the poor or we can stand with the brave men and women who risk everything to expose the truth. The Patriotic Alliance chooses the side of justice. If South Africa is to be saved from corruption we must empower the whistle-blower.  Let us pass these laws and defend the brave. Let us rebuild this nation,” he said.

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