The predicament of the unprotected: Why lack-lustre legislation fails South African whistleblowers

Abstract

Inadequate legal provisions in South African state law have left whistleblowers vulnerable. Despite the existence of the Protected Disclosures Act (and its amendment) aimed at safeguarding whistleblowers, the law has numerous loopholes.  The participants in this qualitative study expressed the view that the law is indeed ineffective. While calls are being made to amend state law for adequate whistleblower protection, such efforts would be futile unless provisions are adapted from reliable instruments for implementation in the South African context. This article recommends incorporating provisions from the Serbian Law on Protection of Whistleblowers as a means of offering adequate protection to South African whistleblowers.