Afrique du Sud

Published in 2025

International and regional conventions:

• United Nations Convention Against Corruption,(2003), ratified in 2004
• African Union Convention on Preventing and Combating Corruption (2003), ratified in 2005
• SADC Protocol against Corruption (2001), ratified in 1994

Legislation:

• 1996 Constitution
  • Section 16 enshrines the right of all persons to a freedom of expression.
  • Section 32 guarantees the right of access to any information held by the state and any information held by another person and that is required for the exercise or protection of any rights.
• 1995 Labour Relations Act No.66
• 2008 Companies Act No.71 
• 1977 Criminal Procedures Act No.51

Financial Crimes

• 2001 Financial Intelligence Centre Act (amended 2023)
• 2004 Prevention and Combating of Corrupt Activities Act No.12

Media rights and freedom of expression

• Protection of Information Act
• Protection of State Information Bill
• 2000 Act on the Promotion of Access to Information

Measures related to whistleblower protection:

• 1998 Act No.112 on Witness Protection
  • The Act establishes a legal framework for the protection  of witnesses and related persons whose safety may be threatened due to their involvement in criminal proceedings. Cases are filed through the Office for Witness Protection, which is responsible for providing physical security, relocation, identity changes, and other protective measures. The Act ensures confidentiality and outlines procedures for voluntary admission to the protection program, especially in serious criminal cases, including corruption and organized crime.
• 2000 Protected Disclosures Act (amended by Act 5/2017)
  • The PDA provides legal protection to employees who disclose information about unlawful or irregular conduct in their workplace. In 2017, introduced amendments sought to include both public and private sector employees and increase protections for independent contractors and job applicants. Clearer procedures were adopted to facilitate disclosures internally, externally, or to the public in certain circumstances.

Institutions:

• Public Protector
• Special Investigating Unit (SIU)
• Financial Intelligence Centre (FIC), established in 2001 under the Financial Intelligence Centre Act (amended 2017, then 2023)
• National Prosecuting Authority (NPA), and its unit of Investigating Directorate (ID)

Programs and Policies :

• In 2023, the Department of Justice and Constitutional Development (DOJ) released a discussion document on proposed reforms for South Africa’s whistleblower protection regime. Recently, in his 2025 State of the Nation Address, President Cyril Ramaphosa stated that, during this financial year, the revised framework will be finalised and the Whistleblower Protections Bill introduced in Parliament. This Bill and revised framework are the result of combined efforts by NACAC, the DOJ, and the Presidency.
• In 2023, PPLAAF published a comprehensive guide on South Africa’s whistleblower protections to raise awareness on its legal frameworks and advocate for stronger protections among practitioners, civil society and state institutions.
• In March 2025, PPLAAF hosted a conference on strengthening whistleblower protection mechanisms in South Africa.

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