Safeguarding truth: A new look at SA's proposed whistleblower proection

Safeguarding truth: A new look at SA's proposed whistleblower proection

Podcast

Safeguarding truth: A new look at SA's proposed whistleblower proection

Podcast

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Sentebale notes that there are around 15 laws in South Africa that, in various ways, offer protection to whistleblowers. However, the main legislation is the Protected Disclosures Act that focuses specifically on the employer-employee relationship, limiting protection for third parties or individuals outside that relationship.

A key issue with the current legal framework, Sentebale says, is the lack of a compulsory mechanism to protect a whistleblower’s confidentiality and anonymity. Alarmingly, the law does not even guarantee protection from the person to whom the disclosure is made, leaving whistleblowers vulnerable if that person chooses to breach confidentiality.

Sentebale further points out that while there have been efforts by law enforcement to enhance protections, a major hurdle that remains is that South Africa’s legal system requires accused individuals to face their accusers. While the Constitution does recognise the importance of protecting whistleblowers, in practice, once a disclosure is challenged, the individual making it often lacks adequate protection, as has been demonstrated in several court cases.

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