The Congress of South African Trade Unions (COSATU) is encouraged by the Protected Disclosures Bill that has been released by the Minister for Justice and Constitutional Development, Ms. M. Kubayi for public comment.  This is a progressive Bill that responds positively to critical demands that COSATU has been championing for many years.  The Bill provides important legislative interventions in response to the Zondo Commission of Enquiry into State Capture and Corruption as well as proposals made by COSATU to the Department, Nedlac and Parliament. 

The Bill provides important provisions tightening protections for workers from victimisation at the workplace, as well as protections for other members of the public, when blowing the whistle against acts of corruption, state capture and other criminal activities.  Other important clauses tighten protections for the anonymity of whistleblowers.

COSATU welcomes the African National Congress led government’s heeding its call to provide rewards for whistleblowers.  This was something that COSATU had pushed hard for during previous engagements with government at Nedlac and Parliament. 

We are, however, concerned that this provision for awards excludes public servants.  This is a fundamental flaw as many public servants, in particular junior staff, are very vulnerable to victimisation.  Equally junior public procurement staff often have invaluable information about wrongdoing by senior management and service providers.  Their intelligence is key to securing successful prosecutions.  Their protection and rewards are key to incentivising them to take risks on their careers, lives and families by exposing corruption.  Such an exclusion should be limited to the Heads of Departments and senior management only.

Whilst supporting this progressive Bill, its witness protection programmes need to be substantially resourced by Treasury if they are to provide the necessary protection for those who risk their jobs, lives and families when reporting criminal activities.  We cannot afford to cut corners when protecting the lives of whistleblowers.

The Federation looks forward to engaging with the Department on this important Bill, to resolving COSATU’s concerns and to strengthening its provisions.  It is important that government and Parliament prioritise this Bill and ensure its speedy implementation.  It will be a critical weapon in the war against state capture and corruption.

Issued by COSATU

Matthew Parks (COSATU Parliamentary Coordinator)

Mobile: 082 785 0687

Email: matthew@cosatu.org.za