Protected Disclosures Bill: Submission of public comment to the Department of Justice and Constitutional Development

The Public Affairs Research Institute (PARI) submitted public comments on the Protected Disclosures Bill to the Department of Justice and Constitutional Development on 14 May 2026. While welcoming the Bill's expansion of protections and the introduction of financial rewards for whistleblowers, PARI identifies significant risks regarding the security and administration of the proposed central disclosure database and the restrictive criteria for calculating financial awards.

• The Protected Disclosures Bill introduces several positive advancements, including expanding protections to all disclosers and their related persons, criminalizing retaliation, providing legal aid, and offering financial rewards to whistleblowers.
• PARI argues that Section 3 of the Bill, which proposes a central electronic database for disclosures overseen by the Director-General of the Department of Justice, is vague regarding its purpose and fails to provide sufficient security for whistleblowers.
• The proposed central database may create an excessive administrative burden for the state and society because the definition of 'disclosure' and 'improper conduct' is so broad that it encompasses a wide range of acts and sources.
• PARI recommends relocating the central database outside the Department of Justice to avoid conflicts of interest, suggesting independent institutions such as the Public Protector or a dedicated whistleblower agency.
• The financial reward mechanism in Section 18 is criticized for being too restrictive, as it limits awards to cases resulting in a court conviction and a monetary sanction, thereby excluding administrative findings, civil recoveries, and asset forfeitures.
• PARI contends that the blanket exclusion of all public service employees from receiving awards under Section 18(2)(a) is too expansive and should be replaced with specific conflict-of-interest rules.
• To avoid overburdening the law enforcement system and preventing abusive disclosures, PARI recommends that the Minister of Justice implement incentivized whistleblowing mechanisms incrementally and by sector, such as public procurement or taxation.

APA

Public Affairs Research Institute (2026). Protected Disclosures Bill: Submission of public comment to the Department of Justice and Constitutional Development. https://pari.org.za/wp-content/uploads/2026/05/20260414_PARI_PD-Bill_submission_DoJ_v1.pdf

Chicago

Public Affairs Research Institute. Protected Disclosures Bill: Submission of public comment to the Department of Justice and Constitutional Development. 2026. https://pari.org.za/wp-content/uploads/2026/05/20260414_PARI_PD-Bill_submission_DoJ_v1.pdf.

Wikipedia

{{cite press release |author=Public Affairs Research Institute |title=Protected Disclosures Bill: Submission of public comment to the Department of Justice and Constitutional Development |date=14 May 2026 |url=https://pari.org.za/wp-content/uploads/2026/05/20260414_PARI_PD-Bill_submission_DoJ_v1.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{publicaffairsresearchinstitute2026protected, author = {{Public Affairs Research Institute}}, title = {{Protected Disclosures Bill: Submission of public comment to the Department of Justice and Constitutional Development}}, publisher = {Public Affairs Research Institute}, year = {2026}, month = may, url = {https://pari.org.za/wp-content/uploads/2026/05/20260414_PARI_PD-Bill_submission_DoJ_v1.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }