Draft Protected Disclosures Bill: Public Comment Invited

Posted 09 April 2026 Written by Acts Online
Category Justice

Brought to you by SA Legal Academy: The Department of Justice & Constitutional Development has invited public comment on the draft Protected Disclosures Bill, which seeks to enhance protections for whistleblowers and reform the evidentiary requirements in cases of alleged retaliation.

In terms of the notice issued by the Department of Justice & Constitutional Development, stakeholders have until 14 May 2026 to submit input on the draft Protected Disclosures Bill. The proposed legislation is designed to ensure that disclosers do not suffer harm and specifically prohibits ‘occupational detriment or any form of retaliation’ against individuals who come forward with information.

A significant procedural shift introduced by the draft Bill involves the burden of proof in disputes related to disclosures. Under the proposed framework, the affected employer or relevant party will be required to prove that any action taken against a discloser was not linked to the disclosure made. This reversal of the evidentiary burden aims to address findings from the Judicial Commission of Inquiry into Allegations of State Capture (the Zondo Commission) and recommendations from the National Anti-Corruption Advisory Council.

Key Provisions and Context

The draft Bill focuses on the following regulatory objectives:

  • Prohibiting all forms of retaliation and occupational detriment against whistleblowers.
  • Establishing a legal requirement for employers to demonstrate that disciplinary or administrative actions were independent of any protected disclosure.
  • Aligning South African whistleblowing law with the anti-corruption frameworks recommended by the Zondo Commission.

The Department noted that this Bill is distinct from the Public Procurement Amendment Bill, a private member’s bill recently tabled, which focuses on financial incentives for whistleblowers in the context of asset recovery under the Public Procurement Act, No. 28 of 2024.

What this means for you, your business, or your clients

  • For yourself: You should familiarise yourself with the proposed shift in the burden of proof, which provides stronger legal standing if you make a protected disclosure in a professional capacity.
  • For your business: Firms must prepare to review and update internal grievance, disciplinary, and whistleblowing policies to ensure they can meet the evidentiary requirement of proving that administrative actions against employees are unrelated to any disclosures.
  • For your clients: Corporate clients should be advised on the increased litigation risk associated with ‘occupational detriment’ claims and the necessity of maintaining robust documentation for all performance-related or disciplinary interventions to rebut the presumption of retaliation.

Originally published at https://legalacademy.co.za/news/read/whistleblowing-draft-protected-disclosures-bill-released-for-comment

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