South Africans Speak Up: Ministry of Justice and Correctional Services Grateful for Overwhelming Response to Whistle-Blower Discussion
The Ministry of Justice and Correctional Services would like to extend an enormous thank you to all South Africans who provided feedback on the whistle-blower discussion document. The sheer number of responses received from various sources shows the importance of this matter.
One hundred and five comments were received from various organizations and individuals through e-mails and physical submissions regarding the proposed measures. Most of the responses are in favour of the suggestions, with some excellent additional proposals, including:
- Offering financial incentives for whistle-blowers.
- Establishing a dedicated institution for protecting whistle-blowers and processing their disclosures.
- Providing clear guidelines on which institutions whistle-blowers can approach to report any threats.
We understand that implementing these ideas could involve significant costs. Still, it's worth it, and we are committed to exploring every option.
The Ministry of Justice and Correctional Services values every submission and promises to collaborate with all stakeholders to ensure the whistle-blowers’ issue is effectively addressed.
Minister Lamola remarked, "By providing robust protection for whistle-blowers, we can foster a culture of accountability and transparency, essential for promoting good governance and upholding the rule of law in South Africa. Whistle-blowers are the heroes of modern society. They take significant risks to expose corruption and wrongdoing. However, they often face retaliation and persecution for doing what is right."
The proposed Bill will suggest measures to provide whistle-blowers with the necessary protections. To ensure the safety of whistle-blowers and their families, the Bill will include several measures. One significant proposal is to designate a government institution, such as the South African Human Rights Commission, to receive and investigate complaints from whistle-blowers. During the investigation, no punitive action can be taken against the whistle-blower, protecting individuals who come forward with critical information from being unfairly targeted or punished.
Another proposal is to provide legal assistance to whistle-blowers facing legal action. When the Minister believes that a discloser needs legal aid, they may issue a certificate recommending that Legal Aid South Africa considers granting it to that discloser. This will enable whistle-blowers to defend themselves against retaliation and persecution.
Additionally, the Bill will propose safeguarding whistle-blowers’ identities by making it a punishable offence leading to imprisonment or a fine for those who reveal the whistle-blower’s identity. The proposed Bill will suggest setting up a compensation fund to reimburse individuals who suffer detrimental action due to making a protected disclosure. This will provide financial support and compensation for those who faced negative consequences for doing the right thing. It sends a powerful message that whistle-blowers play an essential role in exposing wrongdoing and should be supported and protected.
Enquiries:
Mr Chrispin Phiri - 081 781 2261
Spokesperson: Ministry of Justice and Correctional Services
