To be an impimpi or not to be? A legal analysis of whistleblower protection in South Africa

Abstract

In South Africa, disclosing information could result in a whistleblower losing their job, tarnishing their reputation, or worse, be assassinated. Whistleblowers who make protected disclosures, often referred to as impimpis and condemned as rats, strive to bring about constructive change. Typically, the act of whistleblowing comes at great cost. To ascertain whether the current legal framework sufficiently protects individuals who expose wrongdoing in the public and private sectors, this mini-thesis critically examines the legal protections available to whistleblowers in South Africa. This mini-thesis further delves into the relationship between corruption and whistleblowing, contending that persons find it challenging to make protected disclosures due to the weak enforcement of legislation and the fear of retaliation. Important recommendations to aid any gaps or shortcomings in South Africa’s current legislative framework will be made by analysing the legal frameworks and instruments of whistleblower protection at the international, regional and domestic levels. To further support this mini-thesis, a comparative country study of the United Kingdom and Ireland will be utilised to recommend any amendments to strengthen the current legal framework in South Africa. This mini-thesis attempts to address any shortcomings to ensure that whistleblowers receive sufficient protection.