Political parties bemoan inadequate protection for whistleblowers
CAPE TOWN - Political parties have bemoaned the inadequate protection for whistleblowers and the failure to reform the laws that will improve this.
During an African National Congress (ANC) sponsored debate calling for guaranteed anonymity, job security and legal support for whistleblowers, every speaker referenced the assassination of Babita Deokaran, who was killed outside her house in 2021 for blowing the whistle on corruption at Tembisa Hospital.
Parliamentarians said that despite a raft of laws dealing with whistleblowing, they have given rise to a culture of fear among whistleblowers who are punished rather than protected.
Parliamentarians have added pressure on the Justice Department to speed up the process of improving its treatment of whistleblowers.
The Protected Disclosure Act and Whistleblowing Act are currently under review by the department.
The Democratic Alliance (DA)'s Glynnis Breytenbach is calling for the establishment of an independent whistleblower protection agency with prosecutorial referral powers.
'A dedicated, well-funded, autonomous institution must be created to receive disclosures, provide safe channels, investigate threats and offer physical protection.'
Rise Mzansi leader Songezo Zibi said employers should be prohibited from disciplining officials who make protected disclosures, and should refund them the cost of litigation if an employee wins the case.
'We must similarly make it impossible for those people to be dismissed until the matter has been closed.'
Members of Parliament (MPs) are also calling for an incentive fund that will encourage people to come forward to lift the lid on corruption.
ALSO READ: Freedom Under Law echoes calls for protection of investigators, whistleblowers in high-profile cases
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Political parties bemoan inadequate protection for whistleblowers
CAPE TOWN - Political parties have bemoaned the inadequate protection for whistleblowers and the failure to reform the laws that will improve this. During an African National Congress (ANC) sponsored debate calling for guaranteed anonymity, job security and legal support for whistleblowers, every speaker referenced the assassination of Babita Deokaran, who was killed outside her house in 2021 for blowing the whistle on corruption at Tembisa Hospital. Parliamentarians said that despite a raft of laws dealing with whistleblowing, they have given rise to a culture of fear among whistleblowers who are punished rather than protected. Parliamentarians have added pressure on the Justice Department to speed up the process of improving its treatment of whistleblowers. The Protected Disclosure Act and Whistleblowing Act are currently under review by the department. The Democratic Alliance (DA)'s Glynnis Breytenbach is calling for the establishment of an independent whistleblower protection agency with prosecutorial referral powers. 'A dedicated, well-funded, autonomous institution must be created to receive disclosures, provide safe channels, investigate threats and offer physical protection.' Rise Mzansi leader Songezo Zibi said employers should be prohibited from disciplining officials who make protected disclosures, and should refund them the cost of litigation if an employee wins the case. 'We must similarly make it impossible for those people to be dismissed until the matter has been closed.' Members of Parliament (MPs) are also calling for an incentive fund that will encourage people to come forward to lift the lid on corruption. ALSO READ: Freedom Under Law echoes calls for protection of investigators, whistleblowers in high-profile cases
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Chief director for financial accounting at Gauteng Department of Health, Babita Deokaran, was brutally murdered after she raised alarm on large-scale corruption at Tembisa Hospital. Image: File Parliamentarians stated that Babita Deokaran, who exposed corruption at the Gauteng Department of Health, and other whistle-blowers would still be alive if they were protected by the government. These were the sentiments echoed on Friday during a discussion over the strengthening of whistle-blower protection by enacting robust laws that guarantee anonymity, job security, and legal support for individuals who report corruption. Deokaran was the acting chief financial officer at the department and reported on financial fraud and corruption at Tembisa Hospital when she was killed outside her home in August 2021. The Whistle-blower Protection Bill is due to be introduced to Parliament later this year. The Bill follows a recommendation by the State Capture Commission, contained in its report released in 2022, that whistle-blower legislation be amended to provide increased protection. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. 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Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Visvin Reddy, an MP in the uMkhonto weSizwe Party (MKP), stated that the MKP does not run away from corruption, but face it head on. "We don't silence whistle-blowers, we protect them because in a country drowning in lies, the person who tells the truth is the bravest one of all. If Babita Deokaran had spoken out under an MKP government, she would still be alive, protected and not hunted, celebrated and not assassinated. "There are officials in departments who are watching bribes being paid daily, and municipal officials who see tenders being given to cronies while people go without water. They stay silent because they know the risk," Reddy stated. Philip van Staden, Freedom Front Plus MP, said other examples include: Pamela Mabini (murdered), Athol Williams (fled the country), Jimmy Mohlala (murdered), Martha Ngoye (dismissed by the Passenger Rail Agency of South Africa), and Cynthia Stimpel (dismissed). "These examples clearly demonstrate a significant lack of legal, financial, and psychological support for those who expose corruption in government and elsewhere. The Department of Justice and Constitutional Development's draft document outlining proposed reforms for whistle-blower protection, published in June 2023, has still not been finalised, despite President Cyril Ramaphosa's undertaking to do so in his State of the Nation Address at the beginning of the year," he said. Van Staden believed that South Africa does not have the experience, expertise, intelligence capabilities, and manpower needed to enforce laws. "The significant shortcomings in, among other things, crime intelligence are evident in ordinary criminal cases, which often end in unsuccessful prosecutions," he added. Advocate Glynnis Breytenbach, an MP and member of the DA, said the National Prosecuting Authority (NPA) has failed to secure a single successful prosecution of a politically connected figure implicated in state capture. Breytenbach said that cases like the Vrede Dairy scandal, the Zizi Kodwa debacle, and the Transnet corruption trial have all collapsed due to incompetence, poor preparation, or basic procedural errors. Corruption has reached epidemic proportions, said EFF MP Thapelo Mogale, adding that President Cyril Ramaphosa himself was involved in the Phala Phala saga where the theft of $4m from his game farm became international news. The stigma of being labelled an impimpi, which refers to a police informer or spy in South Africa, should also be addressed and dismantled in communities, said Thokozani Langa, an IFP MP. Langa added that whistle-blowers should be heroes and not seen as traitors. Marlon Daniels, a Patriotic Alliance MP, said that robust laws should guarantee legal defence for whistle-blowers who face frivolous lawsuits after reporting corruption. Daniels also warned about false allegations and those who want to settle personal scores.
