The government has published the draft Protected Disclosures Bill aimed at strengthening legal protections for whistleblowers across both the public and private sectors, with members of the public invited to submit comments by 14 May 2026.
Justice and Constitutional Development Minister Mmamoloko Kubayi announced the proposed legislation during a media briefing in Pretoria on Thursday, describing it as a key step in the country’s efforts to combat corruption and protect those who expose wrongdoing.
Kubayi said the bill was informed by findings from the Judicial Commission of Inquiry into Allegations of State Capture, commonly known as the Zondo Commission, as well as recommendations from the National Anti-Corruption Advisory Council (NACAC).
She said existing laws have failed to adequately protect whistleblowers, leaving many exposed to retaliation, job loss, and in some cases, physical harm or death.
“Corruption networks are becoming increasingly sophisticated, making it harder for law enforcement to detect instances of corruption. Whistleblowing is crucial in exposing these networks,” Kubayi said.
The minister noted that the new framework is designed to close gaps in current legislation and prevent further harm to those who come forward with information.
Among its key provisions, the bill introduces clearer definitions of protected disclosures and occupational detriment, stricter confidentiality rules around whistleblower identities, and criminal penalties for breaches of those protections.
It also proposes expanded support measures, including access to legal assistance through Legal Aid South Africa and protection under the Witness Protection Act where necessary.
A new complaints mechanism would allow whistleblowers to approach a retired judge if disclosures are mishandled, while a centralised database would track cases without storing identifying personal information.
The draft legislation sets strict timelines for handling disclosures, including a five-day acknowledgment period and a requirement that investigations be completed within 12 months, with limited extensions allowed.
It also introduces penalties of up to 15 years’ imprisonment for retaliation, suppression of evidence, or unlawful disclosure of whistleblower information.
Kubayi said safeguards have been included to prevent abuse of the system, warning that individuals involved in wrongdoing cannot use the protections to avoid accountability. False or malicious disclosures would result in the loss of protection under the law.
The bill also requires all employers in both sectors to establish internal whistleblowing procedures and designate responsible officials to manage disclosures.
Oversight institutions, including the Public Protector South Africa, South African Human Rights Commission, Public Service Commission, and the Auditor-General South Africa, will play key roles in ensuring compliance.
Kubayi paid tribute to whistleblowers who have suffered or lost their lives, including Babita Deokaran, Martha Ngoye, Athol Williams, and Mpho Mafole, saying the legislation aims to prevent similar tragedies.
The bill is now open for public consultation until mid-May 2026, after which it will be refined before being tabled in Parliament. If adopted, it will significantly strengthen South Africa’s whistleblower protection framework and formalise responsibilities for handling disclosures across institutions.