Justice Minister Kubayi has launched the Protected Disclosures Bill, strengthening whistle-blower protections, improving reporting mechanisms, and promoting accountability, while encouraging public engagement before submissions close on 14 May 2026.
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Justice and Constitutional Development Minister Mmamoloko Kubayi has launched the Protected Disclosures Bill, aimed at strengthening protections for whistle-blowers and promoting accountability in both the public and private sectors.
Speaking at a media briefing on Thursday, Kubayi said the Bill arises largely from the findings of the Judicial Commission of Inquiry into Allegations of State Capture, commonly known as the Zondo Commission, and recommendations from 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, whistle-blowing 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,” Kubayi said.
The Minister acknowledged that while current legislation exists, many whistle-blowers have suffered occupational detriment, including suspension, dismissal, delayed payouts of benefits, and, in some tragic cases, the loss of their lives.
She cited the late Babita Deokaran of the Gauteng Department of Health, Martha Ngoye at PRASA, Athol Williams in relation to Bain & Company’s role at SARS, and the late Mpho Mafole of Ekurhuleni Municipality as examples.
“In some cases, dismissals are used to punish employees, payouts of benefits are delayed, and tragically, some whistle-blowers have lost their lives,” she said.
Kubayi added that many whistle-blowers pursuing legal recourse are left to navigate complex processes without adequate institutional support, often while having lost their livelihoods and properties, such as their homes and vehicles.
“The existing Act provides a framework for disclosures, but 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,” Kubayi said.
Kubayi explained that the new 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,” she said.
In developing the Bill, Kubayi said, the government also drew from international best practice, including 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,” she added.
She highlighted several key reforms introduced by the Bill. It provides clear definitions of a disclosure, detrimental action, and occupational detriment; establishes mechanisms to protect the confidentiality of disclosers; extends protection under the Witness Protection Act, 1998; provides legal assistance through Legal Aid South Africa; and introduces a complaints mechanism overseen by a retired judge designated by the President.
The Bill also criminalises breaches of the legislation, including the suppression or concealment of evidence during an investigation, 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,” Kubayi said.
She explained that a disclosure is protected if made to employers, legal practitioners, members of Cabinet, Executive Councils, Municipal Councils, or institutions such as the Public Protector, the South African Human Rights Commission, and the Auditor-General.
The Bill also establishes a central database for disclosures, overseen by the Director-General of the Department of Justice and Constitutional Development, to improve coordination and prevent duplication of investigations.
Kubayi stressed that no personal information of a discloser will be stored on this database.
The Bill strengthens timelines and accountability for handling 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,” Kubayi said.
She added that the Bill explicitly prohibits occupational detriment or retaliation and places the burden on employers or relevant parties to prove that any action taken was not linked to the disclosure.
It also provides access to witness protection and legal assistance. However, she said protections can be revoked in limited circumstances, such as where a discloser participated in wrongdoing, made false statements, or made disclosures to avoid disciplinary action.
To incentivise whistle-blowing, the Bill introduces the possibility of financial awards in cases where disclosures lead to successful enforcement outcomes.
Kubayi encouraged all stakeholders, including civil society, business, labour, and members of the public, to participate in the public comment process.
The full Bill is available on the Department of Justice and Constitutional Development’s website, with submissions closing on 14 May 2026, she said.
“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.
''We hope this bill will assist us in protecting many more lives in our society and our country, so that we do not have another Babita Dokoran and many others, but be able to deal with corruption in our country,” Kubayi said.
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