Media Briefing Statement by the Minister of Justice and Constitutional Development, Mmamoloko Kubayi on the release of the Protected Disclosures Bill for Public Comment
Deputy Minister Andries Nel,
Acting Director-General,
Deputy Directors-General,
Members of the media,
Ladies and gentlemen,
Good morning and thank you for responding positively to our invitation at such short notice to join us in the release of this important Bill.
We have convened this media briefing to present to the people of South Africa the Protected Disclosures Bill, a proposed piece of legislation that arises largely from the findings of the Judicial Commission of Inquiry into Allegations of State Capture, commonly known as the Zondo Commission, as well as the recommendations of the National Anti-Corruption Advisory Council (NACAC).
Our government has made fighting corruption a priority. Practically, corruption networks are becoming increasingly sophisticated, making it harder for law enforcement to detect instances of corruption. Hence, whistleblowing 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.
Colleagues and members of the media,
While the current legislation exists, there have 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 the late Babita Deokaran of the Gauteng Department of Health, as well as Martha Ngoye at PRASA, Athol Williams in relation to Bain & Company’s role at SARS, and the late Mpho Mafole of Ekurhuleni Municipality, among others.
Furthermore, when pursuing legal recourse, many whistle-blowers are left to navigate complex processes without adequate institutional support, often while having lost their livelihoods and properties such as their homes and vehicles.
While the existing Act provides a framework for disclosures, it has been found, particularly by the Zondo Commission and supported by the National Anti-Corruption Advisory Council in its final report to the President, to be inadequate in several key respects.
These include, among others, the absence of clear procedures for handling disclosures, insufficient protection for whistle-blowers, limited support mechanisms for disclosers, and a lack of coordinated systems to ensure that disclosures are effectively received and acted upon.
This Bill seeks 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.
In developing this Bill, in addition to the Zondo Commission findings and NACAC recommendations, we have drawn from international best practice. This includes comparative research across jurisdictions such as Australia, Canada, the United Kingdom, Kenya, Uganda, Namibia and Botswana.
We have also considered key international instruments, including the African Union Convention on Preventing and Combating Corruption and the United Nations Convention against Corruption, to ensure alignment with global standards and frameworks.
Accordingly, this Bill incorporates provisions of the existing Act, as well as enhancements informed by international legislation and best practice.
Members of the media,
This Bill introduces several important reforms. These include:
• A clear definition of a disclosure, detrimental action and occupational detriment in clauses 1, 2 and 3.
A disclosure is information revealing improper conduct in the public or private sector. Detrimental action is action resulting in unfair discrimination, action that threatens or violates the legal rights of a person disclosing or a related person, action that amounts to intimidation or harassment, including conduct that causes personal harm or injury, or leads to loss of, or damage to, property or livelihood.
• It outlines mechanisms to protect the confidentiality of disclosures and disclosers in clauses 19 to 23.
The Bill prohibits 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.
• The Bill provides for protection under the Witness Protection Act, 1998 in clause 22.
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.
• It provides for legal assistance to disclosers in clause 23.
Where a discloser cannot afford legal representation, a court or tribunal may refer the matter to Legal Aid South Africa, which must provide legal assistance at state expense where substantial injustice would otherwise occur.
• The Bill introduces a complaints mechanism in clauses 24 to 26.
This mechanism is overseen by a retired judge designated by the President in consultation with the Chief Justice. It allows disclosers or related persons to lodge complaints where disclosures are not properly handled, where retaliation occurs, or where confidentiality is threatened, and empowers the judge to investigate and refer matters for appropriate action.
• Furthermore, the Bill criminalises 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.
A disclosure is a protected disclosure if it is made to the following individuals or institutions:
- Every employer, including both the private and public sectors. All employers are required to develop procedures for receiving and managing disclosures, including the designation of an official responsible for handling such disclosures.
- A legal practitioner or legal adviser.
- A member of the Cabinet, Executive Council of a province, or a Municipal Council.
- Institutions such as the Public Protector, the South African Human Rights Commission, the Commission for Gender Equality, the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities, the Public Service Commission, and the Auditor-General.
The Bill further provides for the establishment of a central database for disclosures to improve coordination and prevent duplication of investigations. This database will be developed and maintained by the Director-General of the Department of Justice and Constitutional Development, who will designate officials to oversee its operation, monitoring and functionality. Importantly, no personal information of a discloser will be stored on the database.
The Bill strengthens timelines and accountability in the handling of disclosures. Disclosures must be acknowledged within five days, decisions taken within ten days, and investigations completed within 12 months, subject to limited extensions. The central database will enable tracking, monitoring and accountability in ensuring compliance with these timelines.
Importantly, the Bill introduces enhanced protections to ensure that no discloser suffers 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.
Conversely, any person who unlawfully discloses the identity of a discloser or suppresses evidence during an investigation commits a serious offence and may face imprisonment or fines.
To incentivise whistleblowing, the Bill also introduces the possibility of financial awards in certain cases where disclosures lead 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.
We now release this Bill for public comment and engagement. We encourage all stakeholders, including civil society, business, labour, and members of the public, to participate in this process and provide inputs that will strengthen this important piece of legislation.
The full Bill will be made available on our website, and the closing date for submissions is 14 May 2026. We encourage everyone to take time to go through the bill and make the submission before the closing date.
Together, we must build a legal framework that not only protects those who speak out against wrongdoing, but also actively supports and values their contribution to building an ethical and accountable society.
I thank you.
