Abstract
Whistleblowing is when an employee or third party discloses information regarding unlawful, corrupt, threatening, or unethical conduct within an organisation. It is recognised globally as a key mechanism for promoting transparency, accountability and good governance, especially in South Africa, where corruption and maladministration remain pervasive. Despite the existence of protective legislation, such as the Protected Disclosures Act and the Labour Relations Act, as well as constitutional provisions, whistleblowers continue to face severe retaliation, including intimidation, dismissal, and violence. The assassination of Babita Deokaran exemplifies the dangerous gap between legal protection and real-world consequences.
The research aims to critically evaluate South Africa's legal and institutional framework for whistleblower protection, highlighting its philosophical, legislative, and procedural foundations. It explores the limitations of current laws, enforcement barriers, and the ethical tension between encouraging legitimate disclosures and deterring abuse, drawing on international models such as the USA's Whistleblower Protection Act of 1989 and the UK's Public Interest Disclosure Act. The study proposes reforms to create a more inclusive, enforceable, and ethically grounded framework. Ultimately, it seeks to support policy development and organisational practices that safeguard whistleblowers while preserving institutional integrity.