Whistleblowers critical to upholding accountability

Justice and Constitutional Development (DJCOD) Minister, Ronald Lamola says the protection of whistleblowers from retaliation and vengeance remains an imperative which would honour the legacy of former President Nelson Mandela.

The Minister was speaking at the Public Service Commission’s (PSC) symposium into the protection of whistleblowers held on Friday.

“As we reflect on the profound legacy of President Mandela, we must acknowledge that his unwavering commitment to justice and equality must serve as an inspiration for us all.

“In order to uphold these values, we must prioritise protecting those who speak out against wrongdoing. Whistleblowers play a critical role in promoting accountability and transparency and we must ensure that they can do so without fear of retaliation,” he said.

Legislation

Currently, South Africa’s whistle-blower legislation is the Protected Disclosures Act (PDA). However, it only refers to employer-employee relations and does not extend protection beyond that relationship, does not require confidentiality nor does it offer legal and financial assistance to whistleblowers.

To improve on this, the DJCOD has released – for public comment – a document with proposed reforms for South Africa’s whistleblower regime.

According to Lamola, this document proposes several measures to enhance protections.

“According to the report, it is recommended that any provision in a contract that attempts to exclude the Protected Disclosures Act should be prohibited. Furthermore, it should be considered a criminal offence for an individual to seek retribution against a whistle blower who has made a protected disclosure.

“Moreover, the state should offer protection to whistleblowers and their immediate family members if their safety or property is at risk. Finally, whistleblowers should be recognised as witnesses under the Witness Protection Act.

“We eagerly anticipate the contributions of society to create a society where morality and integrity are matched by enthusiasm for justice and not vengeance,” Lamola said.

He explained that while work to strengthen whistleblower legislation continues in the background, government is working on how it can help those speaking out right now.

“The question we currently grappling with is what happens in the interim, whilst we are reviewing the act, whistleblowers are being victimised now.

“We are working with the private sector players and civil society to navigate this difficult conundrum. Since as we speak now one can only exercise a power or action empowered by law,” Lamola said. – SAnews.gov.za