Section 9b of the protected disclosures amendment act 5 of 2017: Discouraging whistleblowing in South Africa?

Abstract

The Protected Disclosures Act 26 of 2000 provides protection for individuals who blow the whistle on corrupt activities in South Africa. The Protected Disclosures Amendment Act 5 of 2017 widens the scope of the original Act. This article focuses on the provision in the amendment which criminalises the disclosure of false information by a potential whistleblower. It is argued that this provision may operate as a hurdle for those individuals contemplating divulging information related to corruption. Nevertheless, the amendment is an important one, since there have been cases where employees have provided false information concerning corrupt activities. However, at what cost will this amendment prevent future whistleblowers from disclosing valuable information necessary to detect and prosecute economic crimes? It is argued that the amendment could have an undesirable effect on the contribution of whistleblowing to the fight against corruption in South Africa. The amendment will be discussed against the backdrop of the important aims of the original Act and within the context of the prevention of corruption.