The Draft Protected Disclosures Bill 2026 has recently been published by the Department of Justice and Constitutional Development for public comment. The proposed legislation follows recommendations made by the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud, which highlighted weaknesses in South Africa’s current whistleblower protection framework.
If enacted, the Bill will repeal and replace the Protected Disclosures Act 26 of 2000 in its entirety and introduce far-reaching changes that employers should start preparing for now.
Stakeholders and employers may submit comments to whistleblowingreforms@justice.gov.za before 14 May 2026.
Why the Draft Bill Matters for Employers
The Draft Protected Disclosures Bill 2026 aims to strengthen whistleblower protections, improve reporting mechanisms, and introduce stricter consequences for retaliation. These changes will significantly impact how employers manage internal complaints, misconduct investigations, and disciplinary processes.
Employers will need to ensure their internal procedures are updated, staff are trained, and management understands the legal risks associated with whistleblower retaliation.
Expanded Definition of Who is Protected
One of the most important changes introduced by the draft Bill is the broader definition of individuals who may receive protection.
The Bill introduces the term “discloser”, which extends protection beyond employees to include:
- Temporary employees
- Contractors and consultants
- Trainees and apprentices
- Volunteers
- Investigators appointed under certain legislation
- Any individual who reports wrongdoing
In addition, the Bill introduces the concept of “related persons”, which may include:
- Family members
- Household members
- Colleagues
- Close associates
- Individuals assisting the whistleblower
This means employers must be cautious not only in how they treat whistleblowers, but also how they treat individuals connected to them.
Expanded Protection Against Retaliation
The draft Bill strengthens protection against retaliation. Employees who make disclosures are protected from occupational detriment, which includes:
- Dismissal
- Suspension
- Demotion
- Harassment
- Intimidation
- Psychological or emotional harm
- Any adverse change to working conditions
Non-employee whistleblowers and related persons are protected against detrimental action, which includes:
- Unfair discrimination
- Threats or intimidation
- Personal harm
- Financial loss
- Damage to property or livelihood
These expanded protections significantly increase the risk for employers who fail to manage disclosures appropriately.
What Can Be Reported?
The draft Bill broadens the definition of reportable wrongdoing, referred to as “improper conduct.”
This includes:
- Criminal offences
- Fraud and corruption
- Failure to comply with legal obligations
- Health and safety risks
- Environmental damage
- Unfair discrimination
- Miscarriages of justice
- Concealment of wrongdoing
This broader definition means employers may see an increase in whistleblowing reports.
Removal of the “Good Faith” Requirement
A notable change in the draft Bill is the removal of the “good faith” requirement. Instead, the Bill lists specific circumstances where protection will not apply, such as when:
- False information is knowingly provided
- The disclosure is made maliciously
- The disclosure is made for personal financial gain (outside permitted incentives)
- The disclosure is made to avoid disciplinary action
- The disclosure is made to an unauthorised person
This change provides greater clarity for employers and may reduce disputes.
New Employer Obligations
The draft Bill introduces more detailed requirements for employers. Employers will be required to:
- Appoint a designated person to receive disclosures
- Establish formal whistleblowing procedures
- Set timelines for handling disclosures
- Maintain confidentiality
- Allow anonymous reporting
- Provide feedback to whistleblowers
- Refer criminal matters to the police when necessary
Employers with websites will also need to publish information explaining how disclosures can be made.
Additionally, employers must keep records in line with the Protection of Personal Information Act 4 of 2013.
New Investigation Timelines
The draft Bill introduces stricter timelines for handling disclosures:
- Acknowledge receipt within 5 days
- Decide whether to investigate within 10 days
- Provide updates every 3 months
- Complete investigations within 12 months
These timelines will require employers to respond more quickly and efficiently.
Central Database for Whistleblowing Disclosures
The Bill proposes a central database managed by the Department of Justice. Employers will be required to upload certain information relating to disclosures, including:
- Date of disclosure
- Status of investigation
- Referrals made
However, identifying information of whistleblowers will not be uploaded.
This system may increase regulatory oversight and reduce the ability to manage issues internally.
Criminal Consequences for Employers
The proposed Bill introduces far more serious consequences for non-compliance than those currently found in the existing legislation. While the Protected Disclosures Act 26 of 2000 does not provide for criminal penalties where a whistleblower suffers occupational detriment, the draft Bill changes this position significantly.
Under the proposed legislation, any person who subjects a discloser or a related individual to occupational detriment or any form of retaliatory action may be committing a criminal offence. If convicted, this could result in a fine, imprisonment for up to 15 years, or both.
In addition, it will also be a criminal offence for an authorised person to disclose information that reveals, or could potentially reveal, the identity of a whistleblower. Such a contravention may lead to a fine, imprisonment for up to 10 years, or both.
Legal Protection & Financial Incentives for Whistleblowers
The draft Bill also strengthens protections available to whistleblowers by providing access to additional support measures, including possible witness protection and legal assistance through Legal Aid South Africa. These provisions are aimed at encouraging individuals to report wrongdoing without fear of personal, professional, or financial consequences.
Another significant development is the introduction of a potential financial incentive for whistleblowers. Where a court finds an employer guilty of improper conduct and imposes a financial penalty, the court may direct that up to 25% of that amount be awarded to the individual whose disclosure contributed to the conviction. If more than one person made disclosures that assisted in the matter, the court may divide the award among them based on their respective contributions.
However, this financial reward will not apply to certain categories of individuals. These exclusions include members of the public service, individuals who have a statutory duty to report corruption in terms of Prevention and Combating of Corrupt Activities Act 12 of 2004 (particularly those contemplated in section 34), persons who provided information as part of a plea agreement, accomplices in the wrongdoing, and law enforcement officials who obtained the information as part of their official duties.
Practical Implications for Employers
If the draft Bill becomes law, employers should consider taking the following steps:
1. Review and Update Policies
Employers will need to review and update:
- Whistleblowing policies
- Disciplinary procedures
- Investigation procedures
- Confidentiality policies
- Anti-retaliation policies
Existing policies may not meet the new legal requirements.
2. Appoint Designated Reporting Officers
Employers should consider appointing:
- A whistleblowing officer
- Compliance officer
- HR representative
These individuals must be trained to handle disclosures properly.
3. Train Management and Supervisors
Managers and supervisors must understand:
- What constitutes a protected disclosure
- How to handle complaints
- How to avoid retaliation
- Confidentiality requirements
Poor handling by management could expose the employer to serious legal risks.
4. Implement Anonymous Reporting Channels
Employers should consider implementing:
- Anonymous email reporting
- Hotline systems
- Online reporting forms
These mechanisms help encourage internal reporting before external escalation.
5. Strengthen Investigation Processes
Employers will need:
- Clear investigation procedures
- Designated investigators
- Documented processes
- Proper record-keeping
Failure to properly investigate disclosures may lead to liability.
6. Prepare for Increased Whistleblowing
With expanded protections and financial incentives, employers may see:
- More internal complaints
- More whistleblowing reports
- Increased regulatory scrutiny
Employers should ensure they are prepared to manage this increase.
7. Monitor Workplace Culture
Employers should promote:
- Ethical behaviour
- Transparency
- Open communication
- Protection against retaliation
A strong workplace culture may reduce external whistleblowing risks.
The Draft Protected Disclosures Bill 2026 represents a significant shift in whistleblower protection in South Africa. If enacted, employers will face stricter obligations, tighter timelines, and greater consequences for non-compliance.
Employers are encouraged to review the proposed changes carefully and begin preparing now to ensure compliance should the Bill become law.
Taking proactive steps today can help employers reduce risk, strengthen governance, and create a more transparent and compliant workplace.
For questions or advise, please contact the Cofesa national helpline:
(t): 011 679 4373
(c): 082 888 9516
(e): helpline@cofesa.co.za
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