Whistleblowers need to be protected Photo Pexels
South Africa – In a country striving for transparency and accountability, the protection of whistleblowers becomes paramount. In an effort to ensure whistleblowers are protected, Justice Minister Ronald Lamola has proposed recommendations for whistleblower protection and opened them for public comments.
Whistleblower protection is an essential pillar of a just and accountable society. The recommendations made by Justice Minister Ronald Lamola mark an important milestone in the pursuit of whistleblower protection in South Africa. The government has opened the floor for public input, allowing various stakeholders, including citizens, consumer societies, and corporations, to contribute their perspectives. This is a process that is long overdue, said Tebogo Khaas, Chairperson, Public Interest South Africa.
“Everything is on the table. Government is open to getting input from the public, civil society and ordinary citizens and corporates to ensure that it can improve on the current witness protective disclosure framework as well as the witness protection regime as well which. We know it is under the National Prosecution Authority. We welcome the opportunity to do that, and we will be submitting submissions in this regard.”
Understanding the risks faced by whistleblowers and the scope of their protection
Unfortunately, many employers fail to understand or acknowledge the risks associated with whistleblowing and, instead of safeguarding the whistleblower and their loved ones, often subject them to targeting and harassment. At the same time, they are encouraging whistleblowers. This hostile environment extends across both public and private sectors, where whistleblowers are often ostracised.
Whistleblowing should not be limited to the employer-employee relationship. In many cases, individuals from small and medium-sized enterprises (SMEs) or entrepreneurs may uncover wrongdoing involving clients who are large corporations or government entities.
“We believe that, if you’re an SME or an entrepreneur and you notice wrongdoing either with your client, be they in the government or a big corporate, chances are you are going to be curtailed in what you can do because there’s no protection under the current regime or protected disclosure regime as a supplier to a company or to a department in government. We would encourage or make submissions so that it can ensure that it actually widens the definitions of whistleblowing to cover those who might be SMEs.”
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Public and private sector reluctance in supporting whistleblowers
The private and public sector’s reluctance to engage with whistleblowers is counterintuitive. Employing individuals with strong ethics and moral principles should be in the public sector’s best interest, as it helps safeguard their own interests. However, in practice, private and public sector organisations often shy away from supporting whistleblowers.
“It’s counter intuitive. One would expect the public sector to actually be rushing to employ such people with good, upright and ethical conduct. Instead, we see them not actually even supporting them. We expect the private sector to actually even make sure that they can also make contributions to helping shore up any funds that could be established.”
Private sector can also set up trust devices in collaboration with the government to ensure the well-being of whistleblowers and their families. This is another important aspect of whistleblowing that people forget, their families.
Incentivising whistleblower research and recovery
Researching laws to reclaim lost funds is crucial to minimise losses to the state and promote accountability. Following the example of other jurisdictions, incentivizing whistleblowers with a percentage of recovered funds can encourage disclosures. The U.S. Department of Justice’s practice of rewarding whistleblowers with a portion of recovered funds has proven effective in motivating individuals to take calculated risks.
“Last year or the year before, there was a recovery of $2,5 billion which the United States government would not have known but for those who blew the whistle. The reward for that they got 10% of that which is $250 million. With that type of dispensation, whistleblowers are able to say this is risky both financially and also to my own life but you’re able to make calculated risks.”
By implementing similar mechanisms, South Africa can further encourage whistleblowers to come forward and assist in the recovery of ill-gotten gains. Such a reward could make it easier for whistleblowers to come forward in the hopes that taking a risk is rewarded.
Whistleblowing is a critical element in the fight against corruption and the promotion of transparency and accountability in South Africa. It is essential to prioritise the protection of whistleblowers, strengthen legislative frameworks, and provide comprehensive support to those who expose wrongdoing. By incentivizing ethical behaviour, addressing risks, and holding accountable those responsible for corruption, South Africa can pave the way for a more just and ethical society. The collective efforts of the public, private sector, and government are crucial in achieving this vision and fostering a culture of ethical citizenship.
Tebogo Khaas and Julie Alli delved into the complex case of Andre de Ruyter as a whistleblower, the imperative of safeguarding whistleblowers’ lives and liberties and other methods that can be used to tempt people to come forward. Listen to that discussion here:
