Whistleblowers in South Africa have some protection but gaps need fixing June 15, 2022 Dr. Johandri Wright

Every person in South Africa has the right to a functioning local government that can provide basic services such as clean water, electricity and sanitation. But corruption has left much of this sphere of government unable to fulfil its role. The watchdog organisation Corruption Watch, which is the South African chapter of Transparency International, received 5,094 reports of corruption in local government from 2012 to 2020. Most of the disclosures were by whistleblowers in the offices of the municipal managers and the police departments. Whistleblowers are people who report actions that are illegal, fraudulent, criminal, or corrupt often within their own organisations. They often find their lives at risk and irrevocably changed as a result. They sometimes lose their jobs or even get killed. Moss Phakoe, a councillor in the Bojanala Platinum District Municipality in North West province, was shot in 2009 after exposing corruption by councillors and officials. Babita Deokaran, a key witness in the investigation of an allegedly corrupt multi-million rand tender in Gauteng province, was shot dead in August 2021. There is a need to critically explore how corruption in local government can be prevented from the perspective of the law. To examined legal protections for whistleblowers in the country, and how they might be improved. Analyse legal literature, international and national laws and policies. The findings show that South Africas whistleblower protection regime is too restrictive. It protects certain disclosures only, leaving many whistleblowers unprotected. Witness protection is only used in exceptional circumstances, leaving many whistleblowers exposed to danger. South Africa could benefit from amending certain pieces of legislation to improve protection. That might encourage more people to report public sector corruption, which is rampant. Suggestions for reform Whistleblower protection must be improved to encourage people to report corruption. Parliament should amend the definition of protected disclosures to include those made by people who are not in an employment relationship with an accused. That would include protection for parties to a commercial relationship, such as a procurement contract or tender award. Witness protection must also be extended to include people who could potentially be in danger because they witnessed corruption as well as their families and close associates. This would encourage even more people to expose corruption. Doing so would give anti-corruption authorities such as the National Prosecuting Authority and the Public Protector greater access to the evidence needed to combat corruption. South Africa could also benefit from having a dedicated institution to oversee whistleblower protection. Such an institution should further provide support services, such as legal representation and advice, to current and potential whistleblowers. It should also provide psychological and social support services for whistleblowers and their connections. This will help ensure that witnesses are able to participate in the entire investigation and prosecution of corruption.

Source: https://theconversation.com/whistleblowers-in-south-africa-have-some-protection-but-gaps-need-fixing-183992

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