Whistleblowers should be rewarded for their courage; instead, many pay for it with their lives. This was the case for Babita Deokaran, a senior financial officer at the Gauteng Department of Health who didn’t keep quiet about the fraud she’d uncovered, and was assassinated outside her home.

At the heart of this is the David-Goliath battle between ethical people and unethical conduct, and the decision to disclose wrongdoing or to remain silent.

The United Nations and World Economic Forum estimates the global cost of corruption to be 5% of the world’s gross domestic product (GDP). Based on the world’s GDP for 2022 of $101 trillion, this would equate to $5 trillion a year of global stolen funds. Corruption hampers governments’ ability to alleviate poverty, and provide water, better social services, education and healthcare.

One way in which to curb the onslaught of corruption is to disclose wrongdoing, commonly referred to as whistleblowing. Whistleblowers promote transparency and accountability in both the private and public sectors. Their disclosures can lead to significant societal benefits, such as exposing corruption, preventing environmental disasters and saving lives. However, whistleblowers frequently encounter severe risks, including job loss, harassment and even physical harm.

“In South Africa, where corruption is a pressing issue, the protection of whistleblowers is crucial for upholding democratic principles and human rights,” says Professor Natasja Holtzhausen-Du Toit of the School of Public Administration and Management at the University of Pretoria (UP). She researches ways to support an anti-corruption system and encourage active citizenry.

It is essential that policies be drafted in such a way that whistleblowers are protected. This means that those to whom disclosures are made must be trained with regard to the procedures that should be followed; claims must be investigated by competent investigators; and a criminal justice system that follows through and prosecutes those found guilty of misconduct is required.

A human right

Whistleblowing can be regarded as part of the human rights framework, particularly relating to the freedom of expression and the right to access information. The South African Constitution calls for human dignity, the right to life, freedom of security as well as just administrative action.

However, whistleblowers often face violations of their basic human rights, including the right to work, the right to security and the right to be protected from unfair treatment. These violations undermine the moral and legal obligations of states to protect individuals from reprisals when they disclose information in the public interest. In South Africa, the only legislation specifically protecting whistleblowers is the Protected Disclosures Act (PDA), which protects against retaliation in the workplace.

“Despite formal legal provisions, the implementation of whistleblower protections remains problematic,” Prof Holtzhausen-Du Toit says.

Inefficiencies in the judicial system and lack of awareness among whistleblowers about their rights contribute to the vulnerability of those who choose to disclose wrongdoing. A socio-legal perspective is necessary to understand the interpretation of laws in relation to everyday behaviour. Challenges in enforcing anti-retaliation measures often leave whistleblowers unprotected and disillusioned.

“If we want to make the fight against corruption matter, we must ensure that whistleblowers are protected,” Prof Holtzhausen-Du Toit says. “In order for this to happen, a transdisciplinary approach is required that involves a multitude of stakeholders and academic disciplines. Undeniably, the actions taken by civil society have led to whistleblower protection coming to the fore. To break the silence, all stakeholders – including policymakers, the media, whistleblowers and civil society – must work together.”

A 2016 report by the Organisation for Economic Cooperation and Development states the following: “Whistleblower protection is the ultimate line of defence for safeguarding the public interest.”

“Corruption steals from the poor and those who disclose wrongdoing holds those in power accountable, transparent and responsible,” Prof Holtzhausen-Du Toit says. “If we do not curb corruption, values and principles such as equality, human dignity and social justice are eroded. Human rights violations do nothing to protect human rights defenders which, in essence, whistleblowers are.”

Ways to encourage disclosure

• Draft policies in such a way that whistleblowers are protected.
• Train those to whom disclosures are made so that they understand the procedures that must be followed.
• Ensure the claim is investigated by competent investigators.
• Strengthen the criminal justice system to ensure that it follows through and prosecutes those found guilty of misconduct.
• Reward whistleblowers according to the severity of the misconduct they have exposed.

Why this research matters

Exposing wrongdoing in the public and private sectors starts with one step – a single person having the courage to speak out. But the journey towards a better country gains momentum when we hold one another accountable, when the values detailed in South Africa’s Constitution are universally enacted in the private and public sectors, and when we celebrate whistleblowing successes.

Can money buy honesty?

In South Africa, the discussion around a whistleblower incentive programme has sparked considerable debate. Critics argue that the ethics and motivations of whistleblowers may be compromised, questioning whether their disclosures are truly genuine or merely influenced by the prospect of financial reward.

Conversely, proponents emphasise that such incentives could encourage employees to come forward with crucial information, providing them with a sense of physical, emotional and financial security when making disclosures.

Many whistleblower laws, particularly in the United States, offer financial incentives, ranging from 10% to 30% of the monetary sanctions collected as a result of whistleblower disclosures. For example, the US Security and Exchange Commission awarded almost $279 million to a whistleblower in 2023. This not only incentivises reporting, but also encourages others to disclose information, leading to broader compliance and accountability. In South Korea, whistleblowers are awarded between 4% and 20% of profits recovered.

Significant financial awards can serve as powerful motivators for people to come forward and disclose wrongdoing, but it will require clear regulations in terms of the awarding of incentives. 

Professor Natasja Holtzhausen-Du Toit is a researcher and professor at the University of Pretoria's School of Public Managemnet and Administration.

Disclaimer: The opinions expressed in this article are solely those of the author and do not necessarily reflect the views of the University of Pretoria.