Policy proposals for whistle-blowers in the pipeline

02 Jun 2023

New policy proposals for whistle-blowers are in the pipeline.

The justice and correctional services minister, Ronald Lamola, revealed this during the justice and constitutional development department’s 2023/24 budget vote speech.

The minister added that “ensuring the safety and protection of whistle-blowers is crucial to serving justice. Without their cooperation, obtaining convictions can prove challenging”.

According to the minister, a review of the protected disclosures and witness protection legislation in South Africa has uncovered gaps and shortcomings in the current system.

“The Department conducted a comparative analysis with other jurisdictions to ensure adequate and effective whistle-blower protection. According to our research, there are better ways to promote organisational transparency and accountability than incentivising whistle-blowers”, he said.

A research paper will be published for comment in June 2023.

According to the minister, the research paper includes recommendations such as “providing legal assistance to whistle-blowers, enhancing internal policy oversight, and creating a fund for those experiencing retaliations with financial implications”.

Other developments highlighted include:

• Draft National Prosecuting Authority Amendment Bill to amend the legislation to make the Investigating Directorate (ID) a permanent agency in the NPA and not one created and disbanded by proclamation and to enhance the powers of the ID;
• Draft Regulation of Trusts Bill seeks to regulate the setting up of trusts and provide for legislative measures on par with the current socio-economic, jurisprudential, and practical landscapes in which trusts are created and operated;
• SIU and Council for Scientific and Industrial Research collaborating to enhance the use of technology to fight the scourge of corruption and maladministration in the country;
• Judicial Matters Amendment Bill, Divorce Amendment Bill, and Draft South African Judicial Education Institute Amendment Bill drawn up to improve the administration of justice;
• Draft Criminal Procedure Amendment Bill to modernise and review the act; and
• Draft International Cooperation in Criminal Matters Amendment and Extradition Bill has been drawn up.

During his budget vote speech, the deputy minister of justice and constitutional development, John Jeffery, pointed out that the Integrated Electronic Repository for Protection Orders will be developed in the current financial year to ensure that the entire Domestic Violence Amendment Act can come into effect.

Section 6A of the act on the Repository is still to come into effect.

The deputy minister highlighted that the Repository will enable courts to be aware of protection orders made by another court.

A National Strategy for Domestic Violence to create a seamless chain of value support services to survivors of domestic violence in the criminal justice system is also under development.

The deputy minister also announced that the Draft Criminal Law (Sexual Offences and Related Matters) Amendment Bill on the decriminalisation of sex work will not be proceeded with in its current form.

“We will therefore be engaging with role-players and drafting provisions on the regulation of sex work so as to ensure that a revised Bill is ready for introduction at the beginning of the next Administration”, he said.

The deputy minister declared that the “decriminalisation of sex work and the human rights of sex workers remain high on government’s human rights agenda”.

Article sourced from Sabinet.

See also:

• Global anti-corruption: South Africa fails to make the grade on OECD standards
• Budget vote for the Department of Justice & Constitutional Development
• Overview of the main findings and recommendations of Part 1 of the Report by the State Capture Commission
• State Capture Commission Report under the spotlight

(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)