{"id":856639,"date":"2026-04-10T16:30:00","date_gmt":"2026-04-10T14:30:00","guid":{"rendered":"https:\/\/businesstech.co.za\/news\/?p=856639"},"modified":"2026-04-10T15:42:42","modified_gmt":"2026-04-10T13:42:42","slug":"workers-in-south-africa-could-get-paid-for-reporting-their-employer","status":"publish","type":"post","link":"https:\/\/businesstech.co.za\/news\/government\/856639\/workers-in-south-africa-could-get-paid-for-reporting-their-employer\/","title":{"rendered":"Workers in South Africa could get paid for reporting their employer"},"content":{"rendered":"\n

Justice and Constitutional Development Minister Mmamoloko Kubayi has gazetted the Protected Disclosures Bill for public comment, which proposes rewarding whistleblowers.<\/p>\n\n\n\n

Kubayi said that there have been several instances where whistleblowers have suffered occupational detriment, including suspension and dismissal. <\/p>\n\n\n\n

“In some cases, dismissals are used to punish employees, payouts of benefits are delayed, and tragically, some whistleblowers have lost their lives,” the minister said.<\/p>\n\n\n\n

When seeking legal recourse, many whistleblowers are left to navigate complex processes without adequate institutional support, often having lost their livelihoods. <\/p>\n\n\n\n

Although existing legislation provides a framework for disclosures, the Zondo Commission found it inadequate in several key respects. <\/p>\n\n\n\n

This includes the absence of clear procedures for handling disclosures, insufficient protection for whistleblowers, and a lack of coordinated systems to ensure that disclosures are effectively received. <\/p>\n\n\n\n

“This Bill seeks to address these shortcomings by introducing a strengthened and more comprehensive framework for the protection of disclosers,” the Minister said. <\/p>\n\n\n\n

“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.” <\/p>\n\n\n\n

When developing the Bill, the department drew on the findings of the Zondo Commission and international best practice, including comparative research on the UK, Canada, and more. <\/p>\n\n\n\n

A notable inclusion in the Bill is an award for an employee who blows the whistle, whose claim is subsequently found to be true.<\/strong><\/p>\n\n\n\n

This revolves around a court convicting an employer of improper conduct under the Act and imposing a monetary sanction in respect of a disclosure. <\/p>\n\n\n\n

The employee who blew the whistle may be eligible for an amount not exceeding one-fourth of the monetary sanction if their evidence led to the employer’s conviction. <\/p>\n\n\n\n

The new Bill also proposes up to 15 years in prison for anyone who reveals a whistleblower\u2019s identity or retaliates against them.<\/p>\n\n\n\n

Positive response, but more could be done<\/h2>\n\n\n
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Justice and Constitutional Development Minister Mmamoloko Kubayi<\/figcaption><\/figure><\/div>\n\n\n

Corruption Watch welcomed the release of the Bill and the opportunity for the public to submit
comments and suggestions. <\/p>\n\n\n\n

\u201cCorruption Watch welcomes the Protected Disclosures Bill as a step towards protecting whistleblowers, promoting transparency and enhancing accountability,\u201d said CW attorney Nkululeko Conco.<\/p>\n\n\n\n

\u201cWe are pleased that the financial burden of making disclosures has been considered, and legal
assistance as well as an award have been proposed, but these areas require further consideration.\u201d<\/p>\n\n\n\n

Conco said that several parts of the Bill need clarification, including the revocation of protection, which may expose purported whistleblowers to reprisals. <\/p>\n\n\n\n

There are also concerns about the scope of the Bill, which is primarily focused on an employer-employee scenario. Conco said that the Bill does not clearly cater for disclosures to the media. <\/p>\n\n\n\n

CW hopes that the Bill will not be more than a box-ticking exercise, and that the following key reforms will be prioritised in the new legislation: <\/p>\n\n\n\n