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Protecting whistleblowers: Proposals to revise legislation to be finalised by March – Lamola


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Protecting whistleblowers: Proposals to revise legislation to be finalised by March – Lamola

Justice and Correctional Services Minister Ronald Lamola
Justice and Correctional Services Minister Ronald Lamola

23rd August 2022

By: News24Wire

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Conducting research, engaging in comparative studies of "foreign jurisdictions", and developing proposals to improve whistleblower protection.

These are the plans the Department of Justice and Correctional Services is looking at to better protect whistleblowers – some of whom have been murdered for speaking out and lifting the lid on high-level corruption.

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According to Justice and Correctional Services Minister Ronald Lamola, the proposals should be finalised by the end of the financial year – March 2023.

This emerged in Lamola's response to a written parliamentary question from Democratic Alliance MP Werner Horn.

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"The Department of Justice and Constitutional Development is embarking upon a process to review the legislative framework for whistleblower protection. This work entails: assessing submissions received and debates in the public space advocating for changes; conducting research; engaging in comparative studies of foreign jurisdictions; and developing proposals to improve whistleblower protection. These proposals will be finalised by the end of this financial year," he said.

Whistleblower protection has come under sharp scrutiny following the murder of Babita Deokaran.

Deokaran had been a critical witness for the Special Investigating Unit (SIU). News24 previously reported that she had provided evidence in more than 100 investigations relating to corruption within the Gauteng health department.

She was assassinated in a hit-style killing outside her home in southern Johannesburg, in August 2021.

In recent weeks, several hard-hitting News24 investigations revealed the scope of alleged corruption in the provincial health system, which had been uncovered by Deokaran before her death. News24 also revealed how her pleas for protection fell on deaf ears in the health department.

News24 revealed that provincial health department boss Lerato Madyo failed to act on a plea by Deokaran three weeks before she was murdered. Deokaran had requested that R850-million in dubious payments out of Tembisa Hospital be investigated.

The Gauteng government has said it will appoint an independent forensic investigator to probe allegations relating to Deokaran's murder.

In February, the government's Justice, Crime Prevention and Security (JCPS) cluster reported that all measures are being looked at to improve whistleblower protection.

"All the measures that are put in place to fight corruption will not succeed if they are not supported by an effective whistleblowing and witness protection system. A team reporting to the Anti-Corruption Task Team has been appointed to review the Protected Disclosures Act, 2000 (Act 26 of 2000) and other applicable legislation, and undertake a comparative study of other jurisdictions to strengthen whistleblower protection," the JSCP cluster said in a statement.

In June, director-general in the Presidency, Phindile Baleni, received death threats in the form of a letter and a bullet in the letterbox at her home.

"Advice the justice to release suspect of Babita Deokoran (sic) no case against them (sic) Advice the president not to proceed with state capture findings (sic). We know where you drive and your visiting points (sic). Those two cars you always travel with we have good plan for them (sic)," part of the letter read.

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