While two of the legislative reforms recommended by the Judicial Commission of Inquiry into Allegations of State Capture in 2022 under Judge Raymond Zondo have become law, weaknesses remain present in these laws, says business organisation Business Leadership South Africa (BLSA) CEO Busi Mavuso.

The appointment of heads of department, who have been granted expanded powers under the new laws, remains in the hands of the President and Premiers. Political influence can, therefore, still enter the system at the top and filter downward, she notes.

Critics have also pointed out that the Public Service Amendment Act lacks a strong independent accountability mechanism and it is not yet clear how heads of department will themselves be held to account, or removed, if they fail to perform or act improperly, she adds.

The Public Service Amendment Act, which was gazetted on April 1, takes direct aim at cadre deployment by shifting administrative powers, including over appointments, from politicians to heads of department.

Further, the Public Administration Management Amendment Act strengthens ethical standards and accountability across the public service.

The Acts are in response to what the Zondo Commission identified as a key enabler of State capture, namely the blurring of the line between political offices and the professional public service.

The legislation will go a long way towards strengthening the fight against State corruption, but will only deliver results if it is accompanied by genuine professionalisation of the public service and robust oversight structures that do not yet fully exist, Mavuso asserts.

Additionally, the Protected Disclosures Bill was released for public comment this month, with a deadline of May 14, and BLSA urges business leaders to contribute to its final form.

Whistleblowers are among the most important weapons in any society’s fight against corruption. Much of what is known about State capture came to light because individuals were willing to come forward at enormous personal risk.

“South Africa has seen too many cases of people who exposed wrongdoing only to face dismissal, financial ruin, harassment and, in the most extreme cases, assassination. The law has consistently failed to protect them adequately. The Protected Disclosures Bill aims to change that.”

The Bill introduces stronger confidentiality protections by making it a criminal offence to reveal a whistleblower’s identity, extends witness protection to them from the moment they come forward, and not only once they are testifying, and sets time limits on how quickly disclosures must be acknowledged and acted on.

It also requires all public and private employers to put in place formal procedures for receiving and handling disclosures, Mavuso adds.

This Bill also has weaknesses that the public comment process should address, such as the circumstances under which protection can be revoked lacking clarity, which creates uncertainty for potential whistleblowers.

The scope of those protected remains largely limited to employees in formal working relationships, which leaves independent contractors, volunteers and others outside the safety net.

Additionally, while the burden of proof shifts to employers to show that action taken against a whistleblower was unrelated to their disclosure, enforcement mechanisms need to be robust enough to make that protection real rather than theoretical, she states.

“Companies that create cultures where wrongdoing can be reported safely are more resilient, better governed and less exposed to the reputational and legal costs of undetected misconduct. The Bill presents an opportunity to lock in standards that will benefit the public and private sectors.

“We encourage BLSA members and the business community to participate in the consultation process and make submissions before May 14 to help ensure this law gives whistleblowers the protection they deserve when it is enacted,” she says.

Meanwhile, there are two further Zondo recommendations that need to be acted on, namely a National Anti-Corruption Charter and an Anti-State Capture and Corruption Commission that is independent of State influence.

There has been no movement on the charter, but there has been progress on the establishment of the commission, with the National Anti-Corruption Advisory Council (NACAC) having published a final report in August 2025.

The report recommends the establishment of the Office of Public Integrity and Anti-Corruption (OPI) as a Chapter 9, or independent public protection, institution. The OPI would absorb the mission, powers and resources of the Special Investigating Unit and maintain its full portfolio of work.

The NACAC's report is under consideration by the national executive and a workshop was held in December 2025 to incorporate comments and recommendations from law enforcement agencies.

“These developments are encouraging and BLSA will monitor and provide input at every opportunity. Given the extent to which corruption has entrenched itself in government structures, any area of weakness will be seized upon and exploited.

“We, therefore, need to ensure that each piece of legislation designed to combat corruption is as watertight as possible because the application of the rule of law is essential to the business environment,” says Mavuso.