Civil society groups have urged Minister Kubayi to extend the deadline for public comment on the proposed Protected Disclosures Bill, 2026. This crucial legislation seeks to protect whistleblower such as Marius “Vlam” van der Merwe, and Babita Deokaran, who have paid with their lives.
Image: Timothy Bernard Independent Media
Civil society organisations led by Corruption Watch have warned that serious shortcomings in the proposed Protected Disclosures Bill and limited public awareness threaten meaningful reform of whistleblower protections.
The coalition has urged Justice Minister Mmamoloko Kubayi to extend the deadline for public submissions, which closes on Thursday.
The Bill seeks to overhaul South Africa’s whistleblower protection framework by introducing stronger safeguards, clearer reporting procedures and financial incentives for individuals who disclose wrongdoing.
Kubayi gazetted the Bill on April 9, with the intention of repealing and replacing the existing Protected Disclosures Act of 2000, which has faced criticism for failing to adequately protect whistleblowers.
Civil society organisations have called on the Minister of Justice and Constitutional Development Mmamoloko Kubayi to reconsider the deadline for public comments on the Protected Disclosures Bil.
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The coalition said it had identified eight critical gaps in the Bill that require urgent attention.
These include broader protections for whistleblowers, compensation for job losses and reforms to reporting mechanisms that could expose whistleblowers to further risk.
At a media briefing held at the SECTION27 offices in Braamfontein on Wednesday, former South African Airways whistleblower Cynthia Stimpel described the “journey of loss” faced by whistleblowers, saying the consequences often extend beyond losing employment.
Speaking on behalf of Open Secrets, Luthando Vilakazi said whistleblower protection was a national issue that required urgent intervention.
“For us collectively, we feel that this is an issue that involves all of South Africa, as any one of us could be a whistleblower. At that point, it is important that you feel that you have faith in a system that it would protect you,” she said.
Roshnee Narrandes from the Platform to Protect Whistleblowers in Africa said the Bill still failed to adequately address victimisation and retaliation against whistleblowers.
The coalition also opposed non negotiables in the Bill such as the presidentially appointed retired judge to oversee whistleblower protection, arguing that one individual would not be sufficient to manage a national protection system.
The group said the Bill also failed to adequately guard against retaliation, contained contradictions around anonymous disclosures and lacked clarity on how reprisals against whistleblowers would be investigated and prosecuted.
It further criticised the lack of financial and workplace protections for whistleblowers, warning that dismissed employees could spend months without income while cases are being resolved.
Narrandes said the experiences of whistleblowers showed that disciplinary proceedings were often used by employers as an initial form of retaliation.
One whistleblower in the local government sector, she said, was still fighting to recover 12 years’ worth of salary benefits despite having been reinstated.
“Furthermore, Section 27 allows employers, who are often the perpetrators of workplace retaliation, to revoke the protection of their own employees, thus posing a direct conflict of interest. These provisions require urgent redrafting,” she said.
Cape Times