The Minister of Justice and Constitutional Development has released the draft Protected Disclosures Bill, 2026 (Bill) for public comment. The Bill arises from the findings of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud (Zondo Commission) which identified significant shortcomings in South Africa’s whistleblower protection framework. It proposes to repeal and replace the existing Protected Disclosures Act 26 of 2000 (PDA) in its entirety.

Comments on the Bill can be submitted to whistleblowingreforms@justice.gov.za on or before 14 May 2026.

Among other things, the Bill broadens the categories of protected persons, introduces detailed procedural requirements for handling protected disclosures, strengthens protections for whistleblowers, establishes new enforcement mechanisms, as well as criminal sanctions. Below, we outline some of the most significant provisions and their practical implications for employers.

Broadened scope of protection and key definitional changes

The Bill introduces the broader term ‘discloser’, encompassing any employee in the public or private sector, as well as any other person who is not an employee, who makes a disclosure. The definition of ‘employee’ is, in turn, substantially expanded to include the categories of persons previously regarded as ‘workers’ under the PDA, as well as investigators appointed in terms of certain legislation to investigate corruption or fraud, volunteers and trainees.

The Bill also introduces the new concept of ‘related persons’, being family or household members, close associates, colleagues, or anyone who assists a discloser in making a disclosure.

In terms of the Bill, employee disclosers remain protected against ‘occupational detriment’ such as dismissal, suspension, harassment or intimidation (and now also including being subjected to emotional and psychological trauma). All other disclosers and related persons are protected against ‘detrimental action’, covering any act or omission resulting in unfair discrimination, violation of legal rights, intimidation, harassment, or personal harm, injury, or loss of or damage to property or livelihood.

In order to seek protection, a discloser must have made a disclosure of information regarding ’improper conduct’ with regard to an employer or employee, in the public or private sector. In terms of the Bill, ’improper conduct’ (currently referred to as ‘impropriety’ under the PDA) includes unlawful activities under organised crime and anti‑corruption legislation, any other criminal offence, failures to comply with legal obligations, miscarriages of justice, threats to health or safety, environmental damage, unfair discrimination under equality legislation, and the deliberate concealment of any such conduct.

When whistleblower protections apply

As is the case under the PDA, in order to be protected, a disclosure must be made to an employer; a legal practitioner or legal adviser; a member of Cabinet, the Executive Council of a province, or in a notable new addition, a Municipal Council; a person or body such as a Chapter 9 institution (for example, the Public Protector, the South African Human Rights Commission or the Auditor-General); or any other person, body or institution under the general protected disclosure provisions.

A significant change is the removal of the ‘good faith’ requirement. The Bill instead sets out specific circumstances in which a disclosure will not be protected. These include where the disclosure:

• is not made to an authorised person (being the categories of persons referred to above);
• is made by the discloser knowing, or ought reasonably to have known, that the information is false;
• is made with the intention to cause harm and where harm has resulted;
• is made for pecuniary gain (excluding statutory rewards);
• is made for an illegal purpose; or
• is made solely or substantially to avoid dismissal or disciplinary action.

This shift from an open-ended ‘good faith’ inquiry to specific statutory exclusions gives employers greater certainty and should reduce disputes.

New obligations for employers

While the PDA already requires employers to establish internal procedures for receiving disclosures, the Bill prescribes in considerably more detail what those procedures must include. The Bill requires an employer’s internal procedures to address, among other things:

• the name and contact details of a designated officer who will receive and act upon disclosures;
• timeframes for finalising disclosures;
• processes for referring a disclosure to another appropriate body where it would be more appropriately dealt with by that body;
• compulsory referral to the South African Police Service where the designated officer reasonably believes the matter involves a criminal offence or an imminent risk to life, health, safety, or the environment;
• compliance with the Promotion of Administrative Justice Act, 2000 in reviewing and investigating disclosures;
• measures for anonymous reporting and the confidentiality of disclosers’ identities; and
• mechanisms for informing disclosers of the outcome of any investigation.

Employers and other authorised persons with websites must also publish certain prescribed information on their websites which will assist persons in making protected disclosers.

Further, a new record-keeping obligation requires authorised persons to keep records of all disclosures and related documents in accordance with the Protection of Personal Information Act, 2013.

Strengthened investigation timelines and accountability

The Bill introduces significantly compressed timelines for handling disclosures:

• Within five days of receipt (reduced from 21 days under the PDA), the authorised person must acknowledge receipt of the disclosure in writing and conduct a preliminary investigation to determine whether the disclosure is protected, unprotected, or falls within the discretionary non-investigation provisions.
• A decision on whether to investigate further or refer the matter must be taken within ten days, with written notification to the discloser.
• Investigations by persons other than the employer must be completed within 12 months, with a single extension of up to six months available on application to a retired judge. Disclosers must be informed of progress every three months.

Central database for disclosures

The Bill requires the Director-General of the Department of Justice and Constitutional Development to develop and maintain a central electronic database for disclosures. Authorised persons must upload prescribed information regarding each disclosure received, including its date, status, and any referrals made. No personal information of a discloser may be uploaded onto the database.

New complaints mechanism and enforcement powers

The Bill establishes a complaints mechanism overseen by a retired judge, designated by the President in consultation with the Chief Justice. The retired judge may receive complaints from disclosers or related persons who believe they have been, or are likely to be, subjected to detrimental action in retaliation for making a disclosure, whose identity is about to be unlawfully disclosed, or whose protection has been revoked. The retired judge has broad powers, including to request information and enter premises. Unlawful refusal to comply is a criminal offence.

Criminal sanctions

The Bill significantly raises the stakes for non-compliance. Under the PDA, there are no criminal consequences for subjecting a discloser to occupational detriment. Under the Bill, subjecting a discloser or related person to occupational detriment or detrimental action is now a criminal offence, carrying the risk of a fine, or imprisonment of up to 15 years, or both. It is also an offence for an authorised person to unlawfully disclose information identifying, or likely to identify, a discloser. Liability upon conviction is a fine or imprisonment of up to 10 years, or both.

Additional protection and financial incentive for whistleblowers

Whistleblowers are afforded additional protections under the Bill, including witness protection and access to legal assistance through Legal Aid South Africa.

A notable innovation is the introduction of a financial award for disclosers. Where a court convicts an employer of improper conduct and imposes a monetary sanction, it may order that up to one-quarter of that sanction be awarded to the discloser whose evidence led to the conviction. Where there is more than one discloser, the award can be divided between them, according to their respective contributions.

The award is not available to persons in the public service, persons contemplated in section 34 of the Prevention and Combating of Corrupt Activities Act, 2004, persons who provided information as part of a plea agreement, accomplices, or law enforcement officials who uncovered the information as part of their core duties.

Practical implications for employers

If enacted, the Bill will require employers to take immediate steps to ensure compliance. Key considerations include:

• Existing whistleblowing policies and procedures will need to be substantially revised.
• Employers with websites will need to publish prescribed information about protected disclosures.
• The broadened definitions of ‘discloser’ and ‘related persons’ will require employers to consider the impact of their actions on a significantly wider pool of individuals.
• The introduction of strict and compressed investigation timelines will require employers to have appropriate resources, processes and governance structures in place to deal with disclosures promptly and within the prescribed periods.
• Disclosures logged on the central database may create a permanent state-managed record, increasing the risk of regulatory scrutiny and limiting the ability to manage matters exclusively through internal channels.
• Employers must have well-publicised and demonstrably effective whistleblowing procedures to reduce the likelihood of premature external escalation to the retired judge.

Given that the Bill is still in draft form, employers are encouraged to engage with the proposed legislation and to submit comments before the 14 May 2026 deadline.

ENDS