Don’t just praise whistleblowers, provide comprehensive protection for them.
That was a stern response by whistleblower organisation The Whistleblower House to President Cyril Ramaphosa’s stated commitment to beef up the protection of whistleblowers in the country.
Speaking on Sunday, Ramaphosa finally tabled his response to the Zondo Commission of Inquiry into state capture report.
He said the country was indebted to the many courageous and brave whistleblowers who brought various allegations of fraud and corruption to the attention of the public protector and those who gave evidence at the state capture commission.
“The commission identified whistleblowing as an essential weapon in the fight against corruption.
“Whistleblowers need to be encouraged to report instances of fraud and corruption and need to be protected from victimisation, prejudice or harm. The department of justice is reviewing the Protected Disclosures Act and Witness Protection Act to give effect to the commission’s recommendations on the protection of whistleblowers,” Ramaphosa said.
Ben Theron, the executive director of The Whistleblower House, said they were pleased with the April 2023 review deadline given to the Anti-Corruption Advisory Council as it demonstrated the urgency and importance of protecting whistleblowers.
“We have consulted and researched the challenges whistleblowers face and have developed a holistic range of services that could and should be offered by the government. These include facilitating access for whistleblowers to legal advice, health services (including psychological), financial assistance and safe accommodation.
“The dire need for these services is emphasised by the fact that The Whistleblower House has, since February 2022, assisted 91 whistleblowers, and their families where needed, with access to said services. We are geared to support many more whistleblowers on their journey before, and after, they come forward with vital information to fight and eradicate corruption in our young democracy,” he said.
Ramaphosa’s renewed commitment comes several days after Special Investigating Unit (SIU) head Andy Mothibi told parliament whistleblowers were under threat with some fearing for their lives.
Because of these threats, Mothibi said the number of whistleblowers had nearly halved. The SIU received 1,184 whistleblower reports for the 2021/2022 financial year compared to 661 in the previous year.
Theron said in most cases, whistleblowers were not aware of their rights, which left them in vulnerable positions and were often victimised by their employers.
Theron said establishing a one-stop agency for whistleblowers to get assistance would be a good place to start.
“Governments need to provide a full service for whistleblowers and potential whistleblowers so that they know what rights they have. There are the dangers that exist.
“When you do a Protective Disclosure there’s an affidavit one has to do. When you're on that journey, it would be good to get advice against the company, employer or manager you're exposing.
“The gaps in the system and the main gaps are the fact that the government doesn't think about whistleblowers losing their jobs, losing their finances, the loss of medical aid and how this affects them psychologically,” he said.
Accountability, Theron said, was key in dealing with those who’ve been fingered in graft. He said it was very difficult for people to be held accountable.
“If a company doesn’t act against you and nothing happens there’s only so much you can do, which is why people turn to the media in order to expose what’s happening and to apply external pressure. It’s a loophole which needs to be tightened,” he said.
Theron said the worst thing that could happen to whistleblowers was death.
One of the country’s most vivid failures in protecting whistleblowers is the case of former chief director of financial accounting in the Gauteng department of health Babita Deokaran.
She was a crucial witness in the investigation by the SIU into corruption and fraud in the procurement of personal protective equipment for the province. Deokaran was shot dead in the driveway of her Johannesburg South home in August 2021.
Since The Whistleblower House was established in February this year, Theron says they’ve helped 91 whistleblowers, a sign, which according to him, demonstrates the need to help people.
“When whistleblowers come to us we have a panel of lawyers who help us pro-bono. We put them (whistleblowers) in contact with law firms as long as there’s no conflict.
“They then check their books to see if the person being blown is not a client. In addition to legal service, we have counselling services.
“It shows the need is out there. Not everyone knows about us. We’re trying to tell people if they need help... If you need help, come to us,” Theron said.
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