Draft bill proposes criminal sanctions for anyone revealing identity of whistleblower

A draft bill on the protection of whistleblowers suggests criminal prosecution and direct imprisonment for anyone who releases the identity of a whistleblower.

On Thursday, Minister of Justice Mmamoloko Kubayi officially released the Protected Disclosure Bill.

It is set to strengthen the protection of people who disclose information on corruption or unlawful activities.

The proposed Protected Disclosure Bill is designed to address the shortcomings and gaps of current legislation, which was highlighted by the chair of the State Capture Commission of Inquiry, Justice Raymond Zondo.

Under the current Protected Disclosure Act, there are no criminal sanctions for people who blow the cover of whistleblowers, and they are not catered for in witness protection.

But Kubayi said if the new bill passes, offenders could face prison time.

“These offences attract serious penalties, including fines and imprisonment of up to 10 or 15 years, depending on the nature of the offence.”

Kubayi said this also extends to managers and employers who fail to act once they have been alerted about corruption or unlawful acts by whistleblowers.

The bill is now open for public comment, and submissions can be made until 14 May 2026.

STRINGENT TIMELINES

The new draft law concerning whistleblowers has proposed stringent timelines for addressing tip-offs on corruption and unlawful activities.

The Protected Disclosure Bill, which is now out for public comment, also gives timelines for addressing complaints and tip-offs.

“Disclosures must be acknowledged within five days, decisions taken within ten days, and investigations completed within 12 months, subject to limited extensions. The central database will enable tracking, monitoring and accountability in ensuring compliance with these timelines,” said Kubayi.