Witness Protection Act changes available for public comment

KGAUGELO MASWENENG

The department of justice and constitutional development has made recommendations on reforming the whistleblowing legislative landscape available for public comment by the minister of justice and correctional services, Ronald Lamola. The discussion document containing the reommendations is HERE. The invitation to comment and contact details are HERE.

The recommendations are based on research and comparative analysis of whistleblower systems in various countries worldwide.

The research and recommendations follow President Cyril Ramaphosa’s response to the commission of inquiry into allegations of state capture, corruption and fraud in the public sector on October 24, 2022.

The justice department is reviewing the Protected Disclosures Act and Witness Protection Act to give effect to the commission’s recommendations on the protection of whistleblowers.

“Whilst government continues to acknowledge the bravery of whistleblowers who speak up to ensure justice is served. Unfortunately, there are strong trends of retaliation from those who want to silence them. As such, whistleblowing is a complicated and often risky position to take.

“This will ensure, among other things, that whistleblowers receive the protections afforded by the UN Convention Against Corruption and that whistleblowers have immunity from criminal or civil action arising from honest disclosures,” said Chrispin Phiri, spokesperson of justice and correctional services.

These changes could positively impact promoting transparency and accountability in various sectors.

“The discussion document recommends that whistleblowers be offered the necessary legal and emotional assistance to help them navigate the complicated legal system and deal with the emotional challenges that come with it.

“These recommendations are designed to create a comforting and supportive environment for whistleblowers, encourage accountability and transparency, and inspire more people to speak up against fraud and corruption in our society,” said Phiri.

Comments can be sent to: whistleblowingreforms@justice.gov.za. The deadline for comments is August 15, 2023.

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