Whistleblowing Protection: Are Whistleblowers In South Africa Afforded Adequate Protection by Legislation?

In 2021, the assassination of whistleblower Babita Deokaran shed a harsh light on the risks associated with “speaking up” in South Africa. Killed after exposing procurement irregularities in the public health sector, Deokaran’s case is particularly concerning in a country where corruption continues to undermine institutions.

In a country where whistleblowers play such a critical role in uncovering wrongdoing, is our legislation truly doing enough to protect them?

Silenced by the System: Why Whistleblower Protections Must Evolve

Blowing the Whistle

Whistleblowing refers to the act of disclosing information about misconduct or the risk thereof within an organisation to individuals or entities capable of taking corrective action. In South Africa, the main piece of legislation pertaining to whistleblowers is the Protected Disclosures Act 26 of 2000 (PDA). For purposes of whistleblowing, the PDA ought to read in conjunction with other pieces of legislation such as the Labour Relations Act of 1995, the Companies Act of 2008, the Protection from Harassment Act of 2011, and the Constitution inter alia.

Under the PDA, a protected disclosure is the act of reporting information that an employee reasonably believes shows or tends to show a criminal offence, a contravention of a legal obligation, the miscarriage of justice, the endangerment of an individual’s health and safety, the damage of an environment, or unfair discrimination. The PDA applies to both the public and private sectors and encourages whistleblowing in the workplace by providing certain protections from occupational detriments such as dismissal, suspension, demotion, harassment, or intimidation.

Additionally, these disclosures must be made in good faith and to appropriate authorities in order to qualify for legal protection. If a whistleblower suffers occupational detriment as a result, they may seek relief through the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Labour Court.

These are the main protective aspects of the PDA, but is it enough?

Going Further

While the PDA provides a legal avenue for protection, it has come under increasing criticism for its limited scope and effectiveness. Despite the Act’s best efforts, concerns are raised due to the lack of incentive to expose irregularities, little to no legal assistance, no financial aid for disclosures which lead to an unfair dismissal as well as no certainty that the disclosure will lead to a criminal or civil proceeding. The Act also only makes provision for employees.

That being said, there are some initiatives that offer cautious optimism for the future.

In the first quarter of 2025, an increased focus has been placed on the implementation of the Whistleblower Protection Bill, which is expected to be introduced to Parliament this year. The Bill seeks to strengthen the existing legislative framework by addressing inadequacies in the PDA, while offering more practical safeguards.

In parallel, private sector initiatives have also emerged to support whistleblowers. One example is the CiiMS ReportIT platform. Inspired by the University of Cape Town and developed by Online Intelligence, it was created to address the under-reporting of gender-based violence. Designed to allow for anonymous reporting and the secure submission of supporting documentation, the platform has since evolved into a broader tool that facilitates ethical, anonymous disclosures of misconduct, crime, and corruption.

Better Tools

While tools like these do not replace formal legal protections, they can play a complementary role in building a culture of accountability. By creating safe, accessible channels for disclosure, they help address some of the real-world barriers whistleblowers face such as fear of retaliation or uncertainty of who to turn to.

As it stands, whistleblowers are not afforded adequate protection by legislation. The PDA is a good foundational framework, but its limited scope and lack of practical support may leave many whistleblowers exposed and vulnerable. If whistleblowers are to remain at the forefront of exposing wrongdoing, South Africa’s legal framework must evolve to provide not just formal protections, but real, reliable safety both in principle and in practice.