MEDIA STATEMENT
Saturday, 27 July 2024
For Immediate Release
Public Interest SA Urges the Department of Justice and Constitutional Development to Explore Incentivising Whistleblowing
Johannesburg, South Africa – Public Interest SA applauds the recent announcement by U.S. Deputy Attorney General Lisa Monaco regarding the launch of a pilot program by the United States Department of Justice (DOJ) that offers financial incentives for individual whistleblowers to report wrongdoing. This initiative marks a significant step in promoting accountability and transparency within US corporate and financial sectors.
In light of this progressive move by the U.S. DOJ, Public Interest SA implores the South African Department of Justice and Constitutional Development to consider a similar position to bolster whistleblowing efforts within our own borders. Currently, whistleblowers not only face retaliation for their heroism and selflessness but also endure significant financial hardships as a direct consequence of their noble actions.
The publication of a discussion document on whistleblowing by the South African Department of Justice last year is a commendable step towards enhancing the protection and encouragement of whistleblowers. However, it is imperative that the department takes the next step and introduces the much-awaited draft Bill that would, among other measures, strengthen the current Protected Disclosures Act and related legislation.
Incentivising whistleblowing, as demonstrated by the U.S. DOJ's new program, will provide crucial relief to many whistleblowers whose lives and livelihoods are adversely – often permanently - impacted while perpetrators of wrongdoing often remain protected in their positions. The U.S. program's core principle — rewarding individuals who help uncover significant corporate or financial misconduct otherwise unknown to the authorities — is a powerful incentive that our government should adopt.
"Incentivising whistleblowing is already practised by some of the G20 countries considered examples of good practice in regards to whistleblower legislation. For instance, the UK's Public Interest Disclosure Act 1998 provides compensation to whistleblowers based on the losses they incur from making a disclosure. This Act applies to workers in all sectors and protects them from retaliation by their employer, including dismissal, disciplinary action, or an undesired transfer. Whistleblowers are entitled to compensation if their disclosure pertains to endangerment to health or safety, a miscarriage of justice, or environmental damage. In such cases, the whistleblower is eligible for a settlement payment," says Tebogo Khaas, chairperson of Public Interest SA.
"In addition to protection against retaliation and compensation for losses, reward programs and compensation schemes, such as those practiced in the US, offer financial incentives for reporting wrongdoing. These schemes are designed to offset the personal risks and disincentives that whistleblowers often face," adds Khaas.
Public Interest SA calls on the Department of Justice and Constitutional Development to:
Expedite the introduction of a draft Bill to enhance the current Protected Disclosures Act and related legislation.
Consider implementing a whistleblower incentive program similar to the one announced by the U.S. DOJ.
Ensure that the program includes provisions to protect whistleblowers from retaliation and financial hardship.
Promote a culture of transparency and accountability by encouraging voluntary disclosures of misconduct.
By adopting these measures, South Africa can significantly strengthen its commitment to justice and ethical governance, ensuring that whistleblowers are adequately protected and rewarded for their invaluable contributions to society.
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ABOUT US
Public Interest SA is dedicated to promoting justice, accountability, and transparency in South Africa. We advocate for policies and initiatives that protect and support whistleblowers, ensuring a fair and just society for all.
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