By Lehlohonolo Lehana.
Justice and Constitutional Development (DJCOD) Minister, Ronald Lamola says the protection of whistleblowers from retaliation and vengeance remains an imperative.
Lamola was speaking at the Public Service Commission’s (PSC) symposium into the protection of whistleblowers held on Friday.
“As we reflect on the profound legacy of President Nelson Mandela, we must acknowledge that his unwavering commitment to justice and equality must serve as an inspiration for us all.
“In order to uphold these values, we must prioritise protecting those who speak out against wrongdoing. Whistleblowers play a critical role in promoting accountability and transparency and we must ensure that they can do so without fear of retaliation,” he said.
Currently, South Africa’s whistle-blower legislation is the Protected Disclosures Act (PDA). However, it only refers to employer-employee relations and does not extend protection beyond that relationship, does not require confidentiality nor does it offer legal and financial assistance to whistleblowers.
“The question we [are] currently grappling with is what happens in the interim, whilst we are reviewing the Act, whistleblowers are being victimised now. We are working with the private sector players and civil society to navigate this difficult conundrum.
“We eagerly anticipate the contributions of society to create a society where morality and integrity are matched by enthusiasm for justice and not vengeance.”
Lamola said that following the findings of the State Capture Commission, the Department of Justice and Constitutional Development had recently published a comprehensive report on whistleblowing in South Africa.
To improve on this, the DJCOD has released – for public comment – a document with proposed reforms for South Africa’s whistleblower regime.
The State Capture Inquiry recommended whistleblowers be rewarded if the evidence they gave resulted in the recovery of looted cash.
At the time, Chief Justice Raymond Zondo mentioned how whistleblowers were the “most effective weapons against corruption”.
“Moreover, the state should offer protection to whistleblowers and their immediate family members if their safety or property is at risk. Finally, whistleblowers should be recognised as witnesses under the Witness Protection Act.
“We eagerly anticipate the contributions of society to create a society where morality and integrity are matched by enthusiasm for justice and not vengeance,” Lamola said.
He explained that while work to strengthen whistleblower legislation continues in the background, government is working on how it can help those speaking out right now.
“The question we currently grappling with is what happens in the interim, whilst we are reviewing the act, whistleblowers are being victimised now.
“We are working with the private sector players and civil society to navigate this difficult conundrum. Since as we speak now one can only exercise a power or action empowered by law,” Lamola said.