Pretoria: The Department of Justice and Constitutional Development is calling for written comments on the proposed Protected Disclosures Bill 2026, colloquially known as the Whistleblower Protection Bill. The bill aims to implement recommendations from the Zondo Commission, which advocated for urgent reforms to protect whistleblowers.

According to South African Government News Agency, the existing Protected Disclosures Act (PDA) 2000 was found to be insufficient in protecting whistleblowers. The PDA was primarily enacted to provide procedures for employees in both private and public sectors to disclose information regarding unlawful or irregular conduct by their employers or other employees. It also aimed to provide protection to employees who make a disclosure.

The Zondo Commission found that the PDA lacks a clear procedure for whistleblowers to follow and does not sufficiently guarantee the protection of disclosures. It also falls short in providing physical protection, offering incentives to disclosers, and ensuring that all disclosed information is directed to a destination equipped with specialized skills for investigation and utilization.

The Department of Justice noted that the National Anti-Corruption Advisory Council’s (NACAC) final report to President Cyril Ramaphosa recommended acknowledging and supporting disclosers, preventing retaliation, and exploring mechanisms for incentivized disclosures. A draft bill has been prepared, taking into account the Zondo Commission’s recommendations, the NACAC report, and guidelines from international instruments and foreign jurisdictions.

Comments on the bill can be submitted to Ms. A van der Walt on or before 14 May 2026. Interested parties can send their comments via postal address to The Director-General: Justice and Constitutional Development, Private Bag X 81, Pretoria 0001, or via e-mail to [email protected].