Latest news with #WhistleblowerProtectionBill
IOL News
12 hours ago
- Politics
- IOL News
Addressing the crisis: whistle-blower murders and the need for legal reform
While 'hitmen' involved in the killing of whistle-blowers may occasionally face charges, the architects of these crimes evade accountability, said Dr Nora Saneka. Image: File WHILE whistle-blowers are at the frontline in the war against corruption, organisations and activists do not believe enough is being done to protect them and to bring the "masterminds" behind some of their murders to book. The killings of many whistle-blowers, including Babita Deokaran, Pamela Mabini, Cloete Murray and his son, Thomas, over the last few years has sparked an outcry for the government and law enforcement agencies to be more proactive. This includes tabling of the Whistleblower Protection Bill and implementing recommendations made during the Commission of Inquiry into State Capture (Zondo Commission). Dr Nora Saneka, chairperson of the Active Citizens Movement (ACM), said despite many promises, concrete action remained absent. 'In President Ramaphosa's 2021 commitment to the Zondo Commission he said: 'We need to give whistle-blowers better protection, both in law and in practice. Without whistle-blowers, we will not be able to tackle corruption effectively', yet nothing has been done. Whistle-blowers continue to face lethal threats, job loss, and institutional hostility. 'The delay in tabling of the bill and ignoring the need to implement interim measures demonstrates alarming inertia. Platitudes have not translated into legal safeguards, financial support, or psychological protection,' she said. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Saneka said while 'hitmen' involved in the killing of whistle-blowers may occasionally face charges, the architects of these crimes evade accountability. 'The unsolved murder of Babita Deokaran, exposes systemic failure. Law enforcement and the National Prosecuting Authority (NPA) lack proactive strategies to target orchestrators, perpetuating a culture of impunity. Without high-level prosecutions, whistle-blowers remain vulnerable." Saneka said the ACM submitted comprehensive proposals to the Zondo Commission in 2021, and directly to President Cyril Ramaphosa in January this year. 'We detailed five interim measures in our letter to the president, Department of Justice (DoJ) and National Anti-Corruption Advisory Council (NACAC). Despite follow-ups, no substantive feedback has been provided to ACM or to the citizens of South Africa. Neither has any action been taken as far as we are aware. In addition, NACAC's advisories to the president remain confidential, undermining public accountability 'We also ask that the DoJ fast track the Whistleblower Protection Bill and propose that the National Director of Public Prosecutions is directly accountable to Parliament. Parliament has final responsibility for all matters concerning the administration of justice, including the budget for the prosecuting authority. 'South Africa's anti-corruption efforts hinge on protecting those who risk everything. Delays betray whistle-blowers and embolden criminals. We appeal to President Ramaphosa to act now because lives and democracy hang in the balance,' she said. Ben Theron, chief executive officer of The Whistleblower House, said the government's response to protecting whistle-blowers, had been 'fragmented, disjointed, and poorly coordinated'. 'Existing mechanisms are ineffective, and the way they are managed is neither structured or trusted by those who need protection. The system lacks credibility and urgency. In addition to threats to their lives, whistle-blowers often face workplace retaliation or dismissal without proper recourse, meaning job security is virtually nonexistent.' Theron said they had submitted detailed proposals aimed at strengthening whistle-blower legislation, particularly reforms to the Protected Disclosures Act (PDA) of 2000. Stefanie Fick, executive director of the accountability division at Organisation Undoing Tax Abuse (OUTA), said: 'Too many whistle-blowers are on suspension awaiting disciplinary hearings because they decided to stand up against corrupt activities and government departments litigate with taxpayers' money against whistle-blowers. Whistle-blowers also do not receive emotional or financial support and are often ostracised.' Fick added she did not believe the South African Police Service (SAPS) and the NPA had the resources or expertise to tackle the killing of whistle-blowers. Devoshum Moodley-Veera, an integrity activist, said: 'Retaliation against whistle-blowers has become commonplace due to the government's failure to adequately safeguard these individuals. Daily, I encounter situations requiring urgent assistance for whistle-blowers, whether through providing safety houses or offering legal support as they face disciplinary actions. 'A critical, yet untapped, resource is the Criminal Assets Recovery Account (CARA) fund, managed by the NPA. This fund, derived from the proceeds of crime, is intended to compensate victims of economic crimes. These funds could effectively support whistle-blowers by covering legal fees, safety accommodation, and psychological assistance. However, this has not yet been implemented by the government." Moodley-Veera, who is a PhD student specialising in ethics, anti-corruption, whistle-blowing protection and law at the Stellenbosch University, said there was a significant over-reliance on the Special Investigations Unit (SIU) for probing whistle-blower complaints. 'Law enforcement agencies haven't yet released statistics on the number of whistle-blower cases they have received, making it difficult to assess their effectiveness in handling these matters. Additionally, there's an excessive dependency on civil society organisations and journalists to bring these cases to light. The country also suffers from poor consequence management for wrongdoers. 'In many instances, individuals facing disciplinary proceedings are allowed to resign before any action can be taken against them. This loophole enables them to evade accountability and potentially move to other organisations, perpetuating the same problematic behaviours. Furthermore, the use of non-disclosure agreements (NDAs) effectively silences whistle-blowers,' she said. Koogan Pillay, a governance and human rights advocate, said it appeared that there was no political will or commitment to ethical governance and accountability. 'There is too much talk and very little action. During the Zondo Commission, I made a submission to the commission, as a collective effort of the ACM. This included a compilation of many whistle-blower complaints, together with a human rights report, on what needs to be addressed as a matter of urgency, to counter the existential threat posed by grand corruption to South Africa's young democracy. 'Sadly, it has been three years since former Chief Justice (Raymond) Zondo submitted his report to President Ramaphosa and parliament. He recently conveyed his dismay at the lack of progress in implementing his report, hence putting at risk South Africa's constitutional democracy from any further potential capture, should it happen,' he said. Pillay added if nothing was done to protect whistle-blowers, corruption would worsen to the point of rendering South Africa a failed state. 'This could lead to the reality and nightmare of a 'mafia' state. Sadly more pressure rests on resourced strapped organisations and citizens at large. Ultimately, the results at the polls will also tell, as we have seen during the elections last year which led to a Government of National Unity.' THE POST
Daily Maverick
10-06-2025
- Politics
- Daily Maverick
Whistle-blowers are not impimpis, they are defenders of democracy
We can, and must, become a country that not only protects whistle-blowers, but celebrates them. Whistle-blowers are the lifeline of the future of this country and we owe them more than silence. ' 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.
