Public Interest SA Submits Comprehensive Comments on the Proposed Protected Disclosures Bill

Johannesburg, South Africa. Thursday, 14 May 2026 - Public Interest SA confirms that it has formally submitted detailed written comments to the Department of Justice and Constitutional Development on the proposed Protected Disclosures Bill, 2026.

The organisation welcomes the introduction of the Bill as an important and necessary step toward strengthening whistleblower protections in South Africa in light of:

• increasing attacks against whistleblowers;

• ongoing corruption risks;

• institutional accountability failures; and

• recommendations emerging from the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector Including Organs of State.

Public Interest SA’s submission recognises several progressive features contained in the Bill, including:

• the expansion of protection beyond employees;

• recognition of related persons;

• confidentiality protections;

• anti-retaliation safeguards;

• provision for anonymous disclosures; and

• efforts to strengthen institutional accountability.

However, the organisation cautions that the Bill, in its current form, still contains significant constitutional, institutional, operational, and implementation shortcomings that may undermine its effectiveness if not substantially strengthened before enactment.

Among the key recommendations advanced by Public Interest SA are:

• the establishment of an independent Whistleblower Protection and Integrity Commission insulated from political interference;

• creation of a dedicated Whistleblower Protection and Support Fund;

• utilisation of the Criminal Assets Recovery Account to support whistleblower protection measures;

• educational support up to tertiary level for dependants of fallen whistleblowers;

• enhanced physical protection, emergency relocation, and rapid-response intervention mechanisms;

• mandatory threat assessments in high-risk corruption disclosures;

• stronger protection for disclosures made to journalists and approved public-interest civil society organisations;

• strengthened cybersecurity and confidentiality safeguards;

• improved protection against retaliatory litigation and intimidation;

• specialised legal assistance for whistleblowers; and

• amendment of the means test applicable under the Legal Aid South Africa Act, 2014 to ensure meaningful access to legal representation for whistleblowers.

The submission further recommends closer synchronisation between the Bill and the Public Administration Management Amendment Act to strengthen:

• integrity management;

• anti-corruption coordination;

• procurement oversight; and

• preventative governance mechanisms within the public administration.

Public Interest SA also proposed stronger safeguards in response to the lived realities faced by whistleblowers and their families, including:

• intimidation;

• blacklisting;

• psychological trauma;

• economic destruction; and

• assassination.

The organisation emphasised that whistleblower protection must be treated not merely as a labour or compliance issue, but as an urgent constitutional, governance, and public safety imperative.

Commenting on the submission, Tebogo Khaas, chairperson of Public Interest SA, said:

“South Africa’s constitutional democracy depends significantly on individuals willing to expose corruption, maladministration, abuse of power, and threats to the public interest. Those individuals require not symbolic protection, but real, enforceable, practical, and adequately resourced protection.”

Public Interest SA further stressed that retaliation against whistleblowers should be recognised as conduct striking at:

• constitutional accountability;

• rule of law;

• democratic governance; and

• public confidence in public institutions.

The organisation expressed hope that the final legislation will emerge as a genuinely effective and life-saving instrument capable of strengthening ethical governance and protecting vulnerable public-interest actors.

END

Issued by Public Interest SA