WHISTLEBLOWING: INPUT SOUGHT ON ACTIONSA DRAFT BILL

WHISTLEBLOWING: INPUT SOUGHT ON ACTIONSA DRAFT BILL

• 16 January 2026
• Safety and Security
• SA Legal Academy

ActionSA MP Malebo Kobe has gazetted a notice announcing her intention to table a Public Procurement Amendment Bill in Parliament. Serving as the procedurally required explanatory summary of the proposed new piece of legislation, the notice also calls for input by 15 February 2026 on what is envisaged.

Published on the ActionSA website, the draft Bill itself seeks to ‘make provision for financial incentives … for whistleblowers whose disclosures result in the recovery of assets by the state’ in the context of the 2024 Public Procurement Act (which is not yet in force).

To that end, according to a memorandum on the draft Bill’s objects it:

• outlines the process to be followed in making ‘whistleblower disclosures’
• provides for a whistleblower to institute private proceedings under the 1977 Criminal Procedure Act should the Director of Public Prosecution choose not pursue the matter
• introduces a disclosure reward system, and
• increases the penalty for offences under the principal statute.

In addition to providing for the process to be followed in making a disclosure, the draft Bill’s clause 5 (proposing the insertion of section 14A in the Act) also makes it an offence for anyone to influence or delay proceedings by:

• intimidating a whistleblower
• using physical force against them, or
• attempting to ‘improperly persuade’ or coerce them into obstructing the process in any way.

Please click the links below for more details:

• draft Bill
• Government Gazette notice
• ActionSA media statement
• 2024 Act (not yet in force) 

Published by SA Legal Academy Policy Watch

Follow us on X @SALegalAcademy (you can also join us on LinkedIn and Facebook)

If you use this information in articles, reports and social media posts of your own, please acknowledge SA Legal Academy Policy Watch as your source

0 COMMENTS

LEAVE A COMMENT