The Whistleblower House (TWBH) welcomes the long awaited publication of the Protected Disclosures Bill, 2026 for public comment. The Bill represents a meaningful shift in how South Africa approaches whistleblowing and moves closer to recognising the realities faced by those who speak up.

From TWBH’s perspective, it is clear that the Bill reflects careful consideration of past shortcomings, as well as input from public engagement and commissions of inquiry. It introduces a more structured and inclusive framework for the handling of disclosures and the protection of those who make them.

At the same time, much of this progress remains procedural in nature. The effectiveness of the Bill will depend on whether these measures translate into meaningful protection in practice.

A shift towards lived experience

One of the most important developments in the Bill is the broader recognition of who qualifies as a discloser previously known as a whistlelower. The inclusion of individuals beyond traditional employees reflects the reality that wrongdoing is often exposed by contractors, consultants, former employees, and others who fall outside narrow employment definitions. We will be making submissions to include an even broader category.

Equally important is the recognition of related persons. In practice, retaliation rarely affects only the whistleblower. Family members and close associates are often exposed to pressure, intimidation, and financial strain. The Bill acknowledges this dynamic in a way that aligns with what TWBH encounters daily.

The strengthened provisions on confidentiality, protection from detrimental action, and exclusion from civil or criminal liability for disclosures made in good faith are also significant. These are essential safeguards in a context where whistleblowers face real and often severe consequences.

Greater structure and accountability

The introduction of defined reporting mechanisms and designated recipients is a welcome development. The inclusion of clear timelines, such as acknowledgement of receipt and decisions on whether to proceed with an investigation, introduces a level of predictability that has historically been lacking.

The proposed central oversight and tracking of disclosures, as well as clearer responsibilities for institutions receiving disclosures, could contribute to a more coordinated response to reported wrongdoing. If implemented effectively, these measures have the potential to strengthen the broader anti-corruption system by ensuring that disclosures are not only received but properly handled.

We will make submissions for even greater coordination by potentially establishing a single unit to coordinate and manage the Disclosure environment.

This will require clear accountability, consistent enforcement, and a level of coordination that has historically been lacking. Without this, there is a risk of fragmented responses across institutions.

Strengthening enforcement and remedies

The Bill introduces several mechanisms that may strengthen accountability. These include the ability to enforce recommendations through the courts, the introduction of a complaints mechanism involving independent oversight, and the potential for whistleblowers to receive financial awards where their disclosures contribute to successful enforcement outcomes. The

These developments signal a recognition that whistleblowing is an integral pillar in the fight against corruption and play a critical role in exposing wrongdoing and that those who come forward should not be left without recourse.

The gap between protection and survival

While TWBH supports the direction of the Bill, our experience highlights a critical gap that remains unresolved.

Whistleblowers do not only face legal risk. They face immediate financial loss, reputational damage, emotional strain, and prolonged uncertainty. In many cases, individuals lose their income shortly after making a disclosure and remain without stable support for extended periods. Despite the bill prohibiting occupational detriment, employers have used innovative ways to silence whistleblowers, as it is well known that legal remedies are time consuming and exorbitantly expensive.

The central question is not only whether protection exists in law, but whether it is respected by employers, accessible to the individual and sufficient to sustain individuals through the process.

Without addressing this gap, there is a risk that legal protection will exist on paper while the barriers to speaking up remain unchanged.

In this context, there is a risk of a gap between legal recognition and practical protection, where individuals are encouraged to speak up but are not adequately supported once they do.

The role of institutions and partnerships

The Bill also creates an opportunity to strengthen coordination across institutions. With clearer reporting channels and defined responsibilities, there is potential to improve how disclosures move through the system.

TWBH believes that this moment presents an opportunity to build stronger partnerships between government, oversight bodies, professional institutions, and civil society organisations. Each has a complimentary role to play in ensuring that whistleblowers are not only protected but supported.

TWBH’s work demonstrates that legal protection alone is not sufficient. Whistleblowers require access to legal guidance, psychological support, safety interventions, and, in many cases, financial assistance. These needs must be considered alongside the legal framework.

The Bill places strong emphasis on reporting mechanisms, but provides limited detail on how investigations will be coordinated and carried through to resolution.

Without clear investigative pathways and defined institutional roles, there is a risk that disclosures may not lead to timely or effective action.

Critical organisations such as SIU, NPA, IDAC and the HAWKS should be included in the value chain.  A further consideration could be the establishment of specialised courts similar to the SIU tribunal to deal swiftly and decisively with whistleblower related matters.

TWBH’s contribution and ongoing role

As an organisation working directly with whistleblowers across South Africa, TWBH brings practical insight into the challenges faced by those who report wrongdoing. This includes understanding how disclosures are made, how retaliation unfolds, and where support systems succeed or fail.

TWBH stands ready to contribute to the public comment process and to engage with the Department of Justice and Constitutional Development on the implementation of the Bill.

Our contribution is grounded in lived experience. We aim to support the development of a framework that is not only legally sound but workable in practice.

Looking ahead

The Protected Disclosures Bill, 2026 represents an important step forward. It reflects progress in recognising the complexity of whistleblowing and the need for stronger protection mechanisms.

At the same time, the effectiveness of the Bill will depend on how it is implemented and whether it addresses the full experience of whistleblowers, including the consequences that follow disclosure.

If these gaps are not addressed, the result may be fewer disclosures, reduced accountability, and continued exposure of whistleblowers to harm.

TWBH remains committed to supporting whistleblowers in South Africa and to contributing to reforms that make it safer and more sustainable for individuals to speak up in the public interest.