Cosatu Opposes Exclusion Of Public Servants From Whistleblowing Rewards

The Congress of South African Trade Unions (COSATU) has voiced strong objections to provisions in the newly introduced Protected Disclosure Bill that exclude public servants from receiving whistleblowing rewards.

The draft legislation, unveiled on Thursday by Justice Minister Kubayi, aims to strengthen existing laws by addressing gaps in the protection and incentivisation of whistleblowers.

Deputy Minister Andries Nel outlined that while the bill does not allow for upfront financial rewards, whistleblowers may qualify for compensation of up to 25% of any monetary penalty imposed on an employer found guilty of wrongdoing.

Protected Disclosure Bill Whistleblower Reward Structure Explained

Nel clarified that certain individuals would not be eligible for such financial incentives. These include those employed in the public service, individuals referenced under Section 34 of the Prevention and Combating of Corrupt Activities Act, and those who provided information as part of a plea agreement.

“The first is someone who is in the public service, secondly someone who contemplated in Section 34 in the Prevention and Combating of Corrupt Activities Act, someone who provided such information as part of a plea agreement.”

COSATU Criticises Public Servant Exclusion As Major Weakness

COSATU parliamentary coordinator Matthew Parks has criticised this exclusion, arguing that it undermines the effectiveness of the bill.

“This is a fundamental flaw, as many public servants, particularly junior staff, are very vulnerable to victimisation. Equally, junior public procurement staff often have invaluable information about wrongdoing by senior management and service providers.”

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He stressed that those working within government structures are often best placed to expose corruption, and excluding them from incentives could discourage disclosures rather than promote accountability.