Mmamoloko Kubayi, the Minister of Justice and Constitutional Development.
Image: GCIS
SOUTH Africa's proposed Protected Disclosures Bill 2026 aims to enhance protections for whistle-blowers, addressing the gaps in existing legislation, and promoting accountability in the fight against corruption.
Mmamoloko Kubayi, the Minister of Justice and Constitutional Development, said the proposed legislation arose largely from the findings of the Judicial Commission of Inquiry into Allegations of State Capture (Zondo Commission), and the recommendations of the National Anti-Corruption Advisory Council (Nacac). She was speaking during the release of the bill for public comment last Thursday.
“Our government has made fighting corruption a priority. Corruption networks are becoming increasingly sophisticated, making it harder for law enforcement to detect instances of corruption. Hence, whistle-blowing is crucial in exposing these corruption networks.
“We remain convinced that without strong and credible protection mechanisms, individuals will be discouraged from coming forward, thereby weakening accountability and undermining our collective efforts to combat corruption,” she said.
Kubayi said while current legislation existed, there had been numerous instances of whistle-blowers suffering occupational detriment, including suspension and dismissal.
“In some cases, dismissals are used to punish employees, payouts of benefits are delayed, and tragically, some whistle-blowers have lost their lives. In this regard, we acknowledge (whistle-blowers), the Babita Deokaran, Martha Ngoye, Athol Williams and Mpho Mafole, among others.”
Kubayi said when pursuing legal recourse, many whistle-blowers had to navigate complex processes without adequate institutional support, often while losing their livelihoods and properties such as their homes and vehicles.
“While the existing Protected Disclosures Act provides a framework for disclosures, it has been found, particularly by the Zondo Commission and supported by the Nacac in its final report to the president, to be inadequate in several key respects.
“These include the absence of clear procedures for handling disclosures, insufficient protection for whistle-blowers, limited support mechanisms for disclosers, and a lack of co-ordinated systems to ensure that disclosures are effectively received and acted upon,” she said.
Kubayi said the bill also sought to address these shortcomings by introducing a strengthened and more comprehensive framework for the protection of disclosers.
“It aims to ensure that individuals who come forward have a secure reporting channel, are protected from retaliation, supported throughout the process, and that their disclosures are handled efficiently by appropriately capacitated individuals and institutions.”
Kubayi said the bill also prohibited the disclosure of the identity of a discloser or any information that may lead to their identification without their consent, except where strictly necessary for purposes of handling the disclosure.
“It further provides for restricted access to information, in-camera court proceedings, and the redaction of identifying details in legal processes. Any breach of these confidentiality provisions constitutes a criminal offence,” she said.
Kubayi said the bill provided for protection under the Witness Protection Act, 1998.
“This extends formal state protection measures to disclosers and related persons where necessary, including access to protection programmes such as relocation, identity protection and security measures.”
Kubayi said the bill criminalised breaches of the legislation.
“These include the suppression or concealment of evidence during an investigation, the unlawful disclosure of information or the identity of a discloser, and subjecting a discloser to occupational detriment or detrimental action. These offences attract serious penalties, including fines and imprisonment of up to 10 or 15 years depending on the nature of the offence.”
Kubayi said the bill also introduced enhanced protections to ensure that no discloser suffered harm for coming forward.
“It explicitly prohibits occupational detriment or any form of retaliation, and places the burden on the employer or relevant party to prove that any action taken was not linked to the disclosure. It also provides access to witness protection and legal assistance, ensuring a comprehensive support system for disclosers.
“However, the bill also provides for the revocation of protection in limited circumstances, including where a discloser has participated in the wrongdoing, intentionally made false statements, or made disclosures to avoid disciplinary action,” she said.
Kubayi said the bill also introduced the possibility of financial awards in certain cases where disclosures led to successful enforcement outcomes.
“These measures are designed not only to protect disclosers, but also to promote a culture of accountability and transparency across both the public and private sectors.”