South Africa's proposed whistleblower protection bill and its implications for workers

South Africa's proposed whistleblower protection bill and its implications for workers

Podcast

South Africa's proposed whistleblower protection bill and its implications for workers

Podcast

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Sentebale explained that the current legislation largely focuses on the employer–employee relationship and does not adequately consider third parties such as independent contractors or even job seekers who may come across valuable information. While certain protections exist for witnesses in criminal proceedings and other contexts, these do not fully align with the broader protections that whistleblowers typically enjoy internationally.

Sentebale further noted that the existing legislation does not impose a clear obligation to maintain the confidentiality of a whistleblower’s identity. One of the key developments expected in the proposed bill is the criminalisation of breaches of confidentiality, as well as retaliation against whistleblowers. Retaliation can include actions such as ostracising employees or initiating processes against them after they have made disclosures. In many instances, whistleblowers experience both personal and financial harm, particularly within the employer–employee relationship.

Sentebale added that the bill also seeks to address the issue of compensation, which would be a significant development in the South African context. The proposal recognises that individuals who come forward as whistleblowers may face serious consequences, including losing their jobs or experiencing disruption to their family life. As a result, there is a growing recognition of the need to support whistleblowers, particularly where they may be the primary breadwinners in their families.

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