Whistle-blowers are not impimpis, they are defenders of democracy
' South Africa has the best Constitution in the world. Now, we need the best whistle-blower protection law in the world' – former Chief Justice Raymond Zondo
With corruption still rife in a country emergent from the grips of State Capture, the urgency to protect whistle-blowers has never been greater.
Despite having one of the most progressive whistle-blower protection laws on the continent, significant gaps in South Africa leave those who bravely speak truth to power vulnerable to retaliation, including legal harassment, financial ruin, reputational damage and, in severe instances, even death.
Whistle-blowing is an essential part of any anti-corruption toolkit. It saves public funds, protects the environment, promotes democratic values, curbs human rights abuses and saves lives. Protecting whistle-blowers is an absolute necessity.
Earlier this year, the Platform to Protect Whistleblowers in Africa and the National Anti-Corruption Advisory Council brought together a cross-section of legal experts, whistle-blowers, public officials and civil society actors in Cape Town to confront the harsh realities faced by those who risk everything to expose corruption.
The conference sought to reimagine South Africa's approach to whistle-blower protection and the outcome was clear: South Africa's whistle-blower law, the Protected Disclosures Act, is no longer fit for purpose. As the Department of Justice embarks on revising the law to protect whistle-blowers, as a collective, we need to consider what any amendment should look like.
Real protection demands imaginative, forward-thinking legislation.
A vision for reform
While the government prepares to table the new Whistleblower Protection Bill, there is an unprecedented opportunity to align South Africa's legislation with international frameworks and, most importantly, realities on the ground. But we've seen legislation passed with great acclaim, only to be toothless in execution. This time, we can't afford to fail.
To better protect whistle-blowers, several key changes are needed. First, an Independent Whistleblower Authority should be established. This body would offer legal advice, investigate retaliation, provide support services and coordinate with other agencies. It must be transparent, well-resourced and free from political influence.
The requirement to prove 'good faith' must be removed. Whistle-blower protection should be based on the public interest of the disclosure, not personal motives. Moreover, if a whistle-blower suffers harm after making a protected disclosure, it should be presumed to be retaliation and the accused bear the burden of proving otherwise.
Criminal penalties should also apply to those who breach confidentiality, and, crucially, retaliation against whistle-blowers needs severe penalties.
Protections must further extend to include not only employees but also citizens, journalists, civil society organisations and others who support whistle-blowers, such as investigators and family members.
Vitally, financial support should be meaningful. Whistle-blowers need to be rewarded and, at the very least, a publicly managed fund should cover legal fees, relocation costs and psychosocial support.
Reframing the narrative
Perhaps equally important is the need to change the way we talk about whistle-blowers. We can, and must, become a country that not only protects whistle-blowers, but celebrates them. Whistle-blowers are stepping in where institutions have failed. They're exposing rot in procurement processes, revealing collusion between business and politics and defending our democracy.
Whistle-blowers are the lifeline of the future of this country and we owe them more than silence.
Even the best law will fail if the culture remains one of stigma and fear. The word ' impimpi ' still echoes in our collective consciousness, but whistle-blowers are not informants – they are defenders of the public good. We must tell new stories in our classrooms, boardrooms and in our communities that celebrate courage and integrity. Honouring ethical behaviour, not punishing it, is paramount.
South Africa has already shown the world what constitutional courage looks like. In the post-apartheid era we built one of the most admired constitutions in history. Now, as corruption threatens to erode the moral foundation of our democracy, we must show that same courage again.
Constitutionalising whistle-blower protection?
One of our strongest calls at the conference was the urge to go a step further: to enshrine whistle-blower protection into the Constitution itself.
This is not a symbolic gesture. Constitutionalisation would send an unequivocal message: whistle-blowing is not just a personal risk, but a public service. It would elevate the act of speaking out to a constitutional right and duty, protected at the highest level of law.
Former Chief Justice Raymond Zondo echoed this sentiment, arguing that constitutional recognition would help end the stigma of whistle-blowers as snitches, build trust in institutions and make South Africa a global leader in anti-corruption reform.
What is clear is that South Africa needs more than a good law. We need a landmark law – one that closes legal gaps, provides real protection and reflects our democratic values. This isn't just about policy. It's about lives, and the type of country we aspire to be. If we want to stop corruption before it festers, if we want a democracy that works for everyone, we must protect those who shine a light in the darkness.
Whistle-blowers have done their part, it's time for legislators to do theirs. DM
William Bourdon is chair of the Platform to Protect Whistleblowers in Africa (PPLAAF) and a lawyer and member of the Paris bar. He is the advocate of whistle-blowers Edward Snowden, Hervé Falciani (Swissleaks) and Antoine Deltour (Luxleaks). He was secretary-general of the International Federation for Human Rights from 1995 to 2000.
Gemma-Maé Hartley is the regional project officer for PPLAAF Southern Africa. She has a master ' s degree in political and international studies from Rhodes University, specialising in human rights. She has been accompanying whistle-blowers across the continent for a number of years.
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