Justice Minister Mamoloko Kubayi has released the draft Protected Disclosures Bill, proposing financial rewards for whistleblowers and stronger protections against retaliation. The bill is open for public comment until 14 May 2026.
Why it matters: South Africa’s existing whistleblower legislation has been widely criticised as toothless. The new bill attempts to create real incentives for reporting corruption, but a key exclusion has already drawn fire from organised labour.
What the bill proposes
Courts would be able to award whistleblowers up to 25% of any monetary sanction imposed on a convicted employer. The reward is not automatic or upfront — it is granted only after a successful prosecution.
The bill extends protections under the Witness Protection Act to whistleblowers and their families, including relocation, identity protection and security measures. Revealing a whistleblower’s identity would become a criminal offence.
The case for the bill
Kubayi said the legislation addresses “serious gaps” in the current framework. Existing law offers protection against occupational detriment but provides no positive incentive. Civil society groups, including Corruption Watch, have welcomed the bill’s direction, saying financial rewards could encourage disclosure in cases where fear of retaliation is strongest.
The case against the exclusion
COSATU has called the exclusion of public servants from financial rewards a “fundamental flaw.” The federation argues that junior procurement staff and administrative employees in government often have direct knowledge of corruption by senior officials and service providers.
These employees face severe risks — demotion, transfer and dismissal — and are precisely the people the bill should incentivise, according to COSATU parliamentary coordinator Matthew Parks.
BusinessDay reported that legal experts have also raised concerns about the exclusion, noting that the public sector accounts for the largest share of corruption cases before the courts.
What happens next
The bill is a draft proposal, not yet law. Parliament will consider public submissions after the 14 May deadline. The final legislation could look substantially different depending on whether the exclusion of public servants survives the consultation process.