ACM submits sweeping proposals to strengthen Whistleblower Protection Bill

THE Active Citizens Movement has submitted a comprehensive memorandum to the Department of Justice, urging critical amendments to the Whistleblower Protection Bill, 2026.

The key proposals include the establishment of an independent commission and criminal sanctions against retaliation, aiming to provide robust protections for whistleblowers exposing corruption.

ACM chairperson, Dr Nora Saneka warned that without the critical amendments, the legislation would fail to deliver meaningful protection to whistleblowers who expose corruption.

While welcoming improvements in the Bill, including broader definitions, enhanced confidentiality, and expanded disclosure mechanisms, Saneka said ACM’s submission identified major gaps that would leave whistleblowers vulnerable.

The proposal includes a risk analysis, comparative table, and a clause‑by‑clause amended Bill: the Whistleblower Protection Bill, 2026.

The key proposals include:

1. An independent Whistleblower Commission headed by a retired judge
2. Reverse onus of proof – the alleged retaliator must prove the action was not retaliation
3. Criminalisation of retaliation with a minimum sentence of 5 years and/or a fine of up to R1 million
4. Whistleblower Support Fund financed from asset recoveries (CARA) and fines
5. State‑funded psychosocial support, including trauma counselling and psychiatric care
6. Specialised Whistleblower Tribunal with powers similar to Equality Courts under PEPUDA, including damages for emotional and psychological suffering
7. Retrospective relief for whistleblowers who made protected disclosures on or after 1 October 2003
8. Voiding of NDAs and settlement agreements that suppress disclosures
9. Personal liability of perpetrators and a prohibition on indemnity insurance
10. Protection for refusal of unlawful orders

The submission was drafted with substantial input from whistleblowers and has the endorsement of the Courage Hub SA, Whistleblowers for Change, Defend our Democracy, and the Khulumani Support Group.

“Without these amendments, the Bill presents a ‘protection versus exposure paradox’, it encourages disclosure but does not yet provide sufficient safeguards for those who come forward,” said Saneka.

“The lived experiences of whistleblowers who testified before the Zondo Commission show that without robust protections, even well‑intentioned legislation will fail,” she added.

ACM incorporated recommendations from the National Anti‑Corruption Advisory Council (NACAC). The proposed Whistleblower Protection Bill, 2026 would transform the current draft into legislation that honours the courage of those who risked everything to expose state capture.

“South Africa now has an opportunity to enact truly world‑class whistleblower protection,” Saneka said.

“We urge the Department of Justice and Parliament to adopt the amendments set out in the Whistleblower Protection Bill, 2026.”

She added that ACM remained available for further engagement, workshops, or meetings with officials to finalise the Bill.

With this submission, Saneka extended sincere thanks to all whistleblowers who have risked their lives and livelihoods in pursuit of accountability, honesty, and the public good.

“We also honour Babita Deokaran and the many other whistleblowers who paid the ultimate price for speaking truth to power. Their courage drives our commitment to this Whistleblower Protection Bill, 2026 and lasting legislative Reform,” she said.

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