Government is taking steps to strengthen the protection of whistleblowers through the proposed Protected Disclosures Bill, which aims to replace the Protected Disclosures Act of 2000. The reforms come amid growing concerns about the safety of people who expose corruption and other wrongdoing, following the killing of Marius van der Merwe, also known as Witness D, shortly after he testified before the Madlanga Commission of Inquiry.
The draft Bill, released for public comment by Justice and Constitutional Development Minister Mmamoloko Kubayi in April 2026, seeks to close gaps in the current law by providing stronger legal protection and clearer reporting procedures. It also proposes severe penalties of up to 15 years’ imprisonment for anyone who retaliates against whistleblowers through intimidation, dismissal or other harmful actions.
The proposed legislation expands protection beyond employees to include contractors, consultants, trainees and other individuals who report corruption. It also makes provision for witness protection, legal assistance through Legal Aid South Africa, and measures to safeguard the confidentiality of whistleblowers.
To encourage reporting, the Bill proposes that qualifying whistleblowers may receive up to a quarter of the monetary sanctions imposed after successful convictions. However, it also introduces penalties of up to two years’ imprisonment for individuals who knowingly make false or malicious disclosures.
Government also plans to establish a central electronic database to monitor protected disclosures and ensure accountability throughout investigations. If adopted by Parliament, the Bill is expected to strengthen South Africa’s efforts to combat corruption while providing greater support and protection for those who expose wrongdoing.
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