Cape Town - Proposed reforms to whistle-blowing legislation contained in a discussion document released for public comment by Justice and Correctional Services Minister Ronald Lamola have received a cool response from the anti-corruption organisation Corruption Watch.
The reforms include establishing a fund to support whistle-blowers, and granting greater authority to the South African Human Rights Commission (SAHRC) in handling protected disclosures.
The research and recommendations follow President Cyril Ramaphosa’s response to the State Capture inquiry back in October 2022.
At the time the president said: “Whistle-blowers need to be encouraged to report instances of fraud and corruption and need to be protected from victimisation, prejudice, or harm.”
Releasing the document, Lamola said whistle-blowing was a complicated and often risky position to take and that the changes would positively impact promoting transparency and accountability in various sectors.
“While the government continues to acknowledge the bravery of whistle-blowers who speak up to ensure justice is served, there are unfortunately, strong trends of retaliation from those who want to silence them,” he said.
Corruption Watch (CW) executive director Karam Singh said the organisation greeted the release of the document with both cautious optimism and a degree of disappointment.
“We’re cautiously optimistic that this paper will lead to a revised piece of legislation and an enhanced whistle-blower protection system, including the creation of a fund and the creation of a system which provides dedicated physical protection to whistle-blowers.
“We bemoan the fact that this process has taken so much time and the outputs to date are merely provisional. This is disappointing.”
Singh said given the SAHRC’s “patchy record to date in handling complaints of human rights violations in an effective and impactful way”, they were doubtful about recommendations which would look to expand the commission’s authority.
He said CW supported the creation of a dedicated fund to support whistle-blowers.
“But again the devil will be in the details. The department’s research to date leaves one wanting when it comes to understanding how they think this fund may actually function.”
Public Interest SA chairperson Tebogo Khaas said his organisation was “enthused” by the proposed reforms.
He said the long awaited publication of the recommendations was a positive step and they believed the reforms to the law were “long overdue”.
Khaas begged South Africans to take the opportunity to make their submissions to the department by the submission deadline of August 15.
The document can be accessed on the departmental website at: https://tinyurl.com/cnce93p3 while comments can be sent to: whistleblowingreforms@justice.gov.za attention of Advocate Thobeka Nkabinde Branch Legislative Development and Legal Services.
Meanwhile, the South African Bureau of Standards has published South African National Standard (SANS) 37002 Whistle-blowing Management Systems Guidelines.
Acting chief executive Sadhvir Bissoon said the guidelines contained in SANS 37002 were generic and intended to be applicable to all organisations, regardless of type, size, nature of activity, and whether in the public, private or not-for-profit sectors.
mwangi.githahu@inl.co.za