ActionSA moves to fill gap in whistleblower law

ActionSA has introduced a private members' bill aimed at incentivising, rewarding and protecting whistleblowers.

ActionSA MP Malebo Kobe says this law would allow courts to award whistleblowers up to a third of the awarded funds in corruption cases linked to public procurement.

"It's much needed right now. I think for most of the bill, it’s to honour fallen whistleblowers who have come forward and have paid the price with their lives."

There have been several high-profile whistleblower assassinations in South Africa.

Kobe explained that what the bill seeks to do is twofold: "We want to strengthen and have much more robust mechanisms in terms of ensuring the anonymity of the whistleblower. We want to reward them monetarily to ensure that we incentivise this sort of behaviour that disrupts corrupt networks.

"I think South Africa has been battling with fraud and corruption, especially in the public procurement space, for years now. We want to take the carrot approach and see how that will go," said Kobe.

She explained that they had looked at ways to safeguard against vigilantism and bounty hunting.

"This act will be tried and tested within the bounds of the law..

"The current scope of application is very limited, only to the NPA. What this bill seeks to do is, once the matter goes in front of the NPA for 30 days and it lapses, because the NPA was unable to act for one reason or another. It allows you to take the matter privately through the courts. So, you don’t act on your own. And that’s how the bill continues to safeguard against vigilantism or any other act of criminality."

New legislation from the Justice Ministry to protect whistleblowers is also coming.

"We do hope that it does eventually come, the one from the Justice Department. Should the Justice Department not come through, we will continue full steam ahead.

"

Kobe says they will require the support of other political parties. "What we are trying to do is really disrupt the entrenchment with the corruption. And if political parties do not come to the party and support us, the most important question will be: What is it that they are trying to protect, and, most importantly, who benefits from these corrupt networks?

"We are trying to really fill the gap that exists within the law, and I mean any political party that does not support us in this endeavour will be very suspect."

To listen to Kobe's full discussion with 702 and CapeTalk's Mandy Wiener, use the audio player below: