Protecting Whistleblowers in Practice: Submission on the Draft Protected Disclosures Bill

On 14 May 2026, the Dullah Omar Institute submitted comments on the Draft Protected Disclosures Bill, 2026 to the Department of Justice and Constitutional Development.

The submission welcomes several important developments contained in the Draft Bill, including expanded protections against occupational detriment, the inclusion of related persons within the protective framework, and the introduction of clearer institutional procedures and timelines for dealing with protected disclosures.

At the same time, the submission raises concerns regarding several structural aspects of the Bill which may undermine its practical effectiveness if left unaddressed. In particular, the comments highlight concerns relating to the continued reliance on employment-like relationships as a prerequisite for protection, the emphasis placed on the motives of whistleblowers, and the limited accessibility of practical remedies and enforcement mechanisms available to whistleblowers.

Ultimately, effective whistleblower protection depends not only on recognising rights in principle, but also on ensuring that whistleblowers are capable of accessing meaningful, timely, and enforceable protection in practice.

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