ActionSA Unveils Fallen Whistleblowers Bill in Fight Against Corruption

ActionSA has unveiled the first piece of legislation in our Anti-Corruption Reform Package: ActionSA’s Fallen Whistleblowers Bill.

This moment represents the fulfilment of a promise we made to South Africans to confront corruption as Public Enemy Number One and to take decisive action where the so-called Government of National Unity has failed.

Corruption is not an abstract concept. It is not a victimless crime. Corruption kills. It robs South Africans of healthcare, clean water, education, safe communities and dignity. Worse still, it targets those brave enough to expose it. 

From Babita Deokran to Marumo Eric Phenya, whistleblowers have paid with their lives while those implicated in corruption continue to enjoy political protection and impunity.

Public procurement alone accounts for approximately R800 billion annually in expenditure and is the largest site of systemic corruption in South Africa. Despite endless broken promises from the GNU, whistleblower protection remains weak, prosecutions are delayed or abandoned, and billions of Rands are lost through corrupt public procurement every year. 

The Fallen Whistleblowers Bill responds directly to this crisis in four ways:

  • First, the Bill targets corruption where it is most entrenched by establishing a secure, formal mechanism for any whistleblower disclosures in public procurement, with robust safeguards to ensure anonymity and protection.
  • Second, it strengthens whistleblower protection by significantly increasing penalties for intimidation, obstruction, or interference, with offenders facing sentences of up to 20 years’ imprisonment.
  • Third, it introduces whistleblower incentivisation by empowering courts to award between 15% and not more than 25% of recovered funds to whistleblowers whose disclosures directly result in financial recovery for the state.
  • Fourth, it enables private prosecution in circumstances where the National Prosecuting Authority fails or refuses to act. Given the heightened risk associated with these cases, the Bill provides for awards of recovered funds of not less than 20% and not more than 33%, ensuring corruption does not escape accountability due to state inaction.

Corruption will no longer be consequence-free, and courage will no longer be a death sentence.

We call on the public to support this Bill and to stand with those who risk everything to expose the truth. This is how we begin to dismantle corrupt networks. This is how we restore accountability. And this is how we Fix South Africa.

Visit  https://www.actionsa.org.za/bills to access a copy of the Bill, and email your support of the bill by 15 February 2025 to speaker@parliament.gov.za and copied to parliament@actionsa.org.za.

Facebook
Twitter
WhatsApp
Email