Keynote address by the Honourable Andries Nel, MP, Deputy Minister of Justice and Constitutional Development at the Whistleblowers Summit hosted by Public Interest SA at Melrose Arch, Johannesburg
Theme: “Upholding democracy through courage: the strategic role of whistleblowers in rebuilding public trust”
Programme Director
Chairperson of Public Interest SA, Mr Tebogo Khaas
The Public Protector of South Africa
Esteemed representatives of civil society, the legal profession, academia, and the media
Distinguished guests
At this important gathering, I invite all of us to rise—in body or in spirit—as we recite together the Preamble to the Constitution of the Republic of South Africa.
“We, the people of South Africa,
Recognise the injustices of our past;
Honour those who suffered for justice and freedom in our land;
Respect those who have worked to build and develop our country; and
Believe that South Africa belongs to all who live in it, united in our diversity.
We therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to—
Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights;
Lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law;
Improve the quality of life of all citizens and free the potential of each person; and
Build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
May God protect our people.
Nkosi Sikelel’ iAfrika. Morena boloka setjhaba sa heso.
God seën Suid-Afrika. God bless South Africa.
Mudzimu fhatutshedza Afurika. Hosi katekisa Afrika.”
This Preamble is not simply an introduction to a legal text. It is our national conscience — a moral compass that calls us to remember who we are and what we must become. It reminds us that democracy is not a gift we received once in 1994; it is a daily responsibility, sustained only by the courage of citizens and the integrity of institutions.
When we meet here today to speak of whistleblowers, we are speaking about people who live the Preamble, in action, daily — those who choose truth over silence, conscience over comfort, and the public good over personal safety.
The protection of whistleblowers is not a peripheral issue. It lies at the very heart of our constitutional project.
When our democracy was born, the framers of our laws understood that transparency alone was not enough. The Open Democracy Bill of the late 1990s aimed to guarantee access to information, but during consultations, it became clear that whistleblowers — those who disclosed wrongdoing in good faith — required stronger, dedicated protection.
From this recognition emerged the Protected Disclosures Act (PDA) of 2000 — a landmark statute ensuring that employees who expose corruption, maladministration, or abuse of power are shielded from occupational retaliation.
This legislation reflected a constitutional truth: that the right to speak the truth in the public interest is not only a legal entitlement — it is a democratic duty.
Whistleblowing is not a modern phenomenon. Our history offers sobering reminders that corruption — and the courage to expose it — are woven deeply into the fabric of a society still dealing with the legacy of centuries of colonialism and decades of Apartheid.
We remember Adam Tas in the 1700s, Jimmy Mohlala, Moss Phakoe, Babita Deokaran, Mpho Mafole, Cloete and Thomas Murray, Sindiso Magaqa, Armand Swart, Brouwer van Niekerk — and many others whose names are written into the moral ledger of our democracy. A democracy they helped protect by sacrificing their safety, and in some cases, their lives.
Today, we face a democratic reckoning. Global surveys such as the AXA–Ipsos Future Risks Report and Afrobarometer show alarming levels of public distrust and disillusionment. These are signals we ignore at our peril.
South Africans are not rejecting democracy — they are calling for its renewal.
Government understands the depth of this crisis of trust. We accept responsibility. And we are acting.
The Zondo Commission revealed how whistleblowers were central to uncovering the truth. They must be protected — structurally, not symbolically.
That is why the Department of Justice, in collaboration with the South African Law Reform Commission, is reviewing the Protected Disclosures Act to establish a Comprehensive Whistleblower Protection Framework. This includes:
- Broadening the definition of whistleblower
- Confidential disclosures
- Strengthened remedies
- Employer obligations
- Alignment with UN and OECD standards
We are finalising a draft Bill and hope to publish it for public comment before year-end.
But laws alone are not enough. We are consolidating the Anti-Corruption Task Team and supporting Chapter 9 institutions. NACAC has issued vital recommendations. We are also exploring the establishment of a Central Whistleblower Protection Office.
Support must go beyond safety. We are working toward a national support framework that includes:
- Psychosocial counselling
- Legal assistance
- Temporary financial relief
- Employment reintegration
Rebuilding public trust requires a whole-of-society response — civil society, media, labour, faith communities — each must play a role.
We must all rise to the moment.
This government, under the leadership of Minister Mmamoloko Kubayi, has adopted a pragmatic five-point action plan:
- Finalise the new Protected Disclosures Bill
- Launch an integrated whistleblower reporting system
- Run national awareness campaigns
- Establish a whistleblower support fund
- Publish annual disclosure reports
Let this Summit be not just a gathering, but a commitment.
To protect the protectors.
To defend the defenders.
To rebuild trust.
To renew integrity.
To uphold democracy.
Nkosi Sikelel’ iAfrika.
#GovZAUpdates
