Whistleblower calls for stronger protection as government releases new bill

Whistleblower, Patricia Mashale, says a truly safe South Africa for whistleblowers is one where anyone who retaliates against them is prosecuted and handed the maximum sentence, with no room for leniency.

Her remarks follow the unveiling of the Protected Disclosures Bill by Justice and Constitutional Development Minister, Mmamoloko Kubayi, on Thursday, legislation aimed at strengthening safeguards for those who come forward.

Government says that while the current Protection of Disclosures Act offers some safeguards, the Judicial Commission of Inquiry into allegations of State Capture, also known as the Zondo Commission, identified significant gaps in the legislation, including vague procedures, weak protection measures and limited support for whistleblowers.

Speaking to Ynews, Mashale, a former senior administrative clerk at the South African Police Service (SAPS), shared the challenges whistleblowers face, drawing from her own experience.

“The biggest fear is retaliation, fear to lose your job, harm, fear for the safety of family members and eventually the fear of getting killed,” expressed Mashale. 

The bill comes amid growing concern over the safety of whistleblowers, following high-profile killings such as that of Babita Deokaran, whose death highlighted the dangers faced by those exposing corruption.

More recently, the assassination of Marius van der Merwe (Witness D) – who was killed in front of his family after testifying before the Madlanga Commission – has further underscored concerns about inadequate protection.

Kubayi said the proposed legislation introduces strict confidentiality provisions, making it a criminal offence to disclose a whistleblower’s identity or any information that could lead to their identification without consent. 

“You can’t disclose the identity of a whistleblower, or any information that will lead to their identification, without their consent. Expect where it is necessary for the purpose of handling disclosure,” she added. 

The Bill also seeks to criminalise acts such as suppressing evidence, exposing whistleblowers, or subjecting them to occupational harm, with penalties including fines and up to 15 years’ imprisonment.

The Congress of South African Trade Unions (COSATU) has welcomed the Bill, describing it as a progressive step in protecting workers and the public from victimisation.

However, the union raised concerns about gaps in the proposed incentive structure.

“We are, however, concerned that this provision for awards excludes public servants.  This is a fundamental flaw, as many public servants, in particular junior staff, are very vulnerable to victimisation.  Equally junior public procurement staff often have invaluable information about wrongdoing by senior management and service providers.  Their intelligence is key to securing successful prosecutions,” said COSATU Parliamentary coordinator, Matthew Parks.

The federation expressed willingness to engage with the Department to address the gaps.

Meanwhile, ActionSA has called for urgent engagement with the minister to fast-track stronger protections, including enhanced incentives and accountability measures. 

“South Africa cannot afford further delays. We must act decisively to ensure that we never again have to mourn the loss of brave whistleblowers such as Babita Deokaran or Marius van der Merwe,” said the party’s MP, Malebo Kobe.

As the Bill goes out for public comment until 14 May 2026, Mashale has called for the establishment of an independent body dedicated to supporting whistleblowers.

“From my perspective, this institution should be created for Whistleblowers by Whistleblowers, especially since there is already a small established Whistleblower community, who created a safe space for themselves and are always looking out for one another. Whistleblowers already have experience with how to deal with other Whistleblowers,” said Mashale.