Surely the issue of Whistle blowing, should not only be about protection (which in my opinion is a no brainer) but it should also be incentivised. How else are you going to encourage people to give up the information that they have. Come on guys, look at this thing without the blinkers for a change!
Comment & Analysis
Protect the whistle-blowers
28 March 2007 11:59
Tumi Makgetla suggests that whistle-blowers need better protection (“Fidentia: what took so long?”, March 2). They do indeed. The department of justice was aware of the limitations of the Protected Disclosures Act (PDA) and asked the Law Reform Commission to look into the matter.
Seven years later, the commission is still looking into it -- despite several reminders, the report it is preparing is still under discussion. Fortunately, as always in life, there are more ways than one of skinning a cat, and Mandisi Mpahlwa’s department of trade and industry is riding to the rescue in the unlikely shape of the new draft Companies Act, now open for comment and available on the department’s website.
The draft proposes a number of innovations relating to whistle-blowers in large companies. This would include lifting the ceiling on damages paid to whistle-blowers to the limit of being paid out whatever loss they can show. If they can show that, as a principal provident fund officer, they will never work in their industry again as the result of blowing the whistle on an instant lawn salesperson stealing the money belonging to widows and orphans, they would be entitled under the draft law to payment of their salary and benefits until the age of 65. This is a stark contrast to the current ceiling in the PDA, which would entitle our hypothetical whistle-blowers to two years’ salary, at best.
There is, however, no change in the position of trustees of a pension fund. Under the current PDA, the trustees are not covered by the Act. If they blow the whistle, they are not protected as whistle-blowers, because the Act only covers employees, and so they must turn to other laws for protection. The draft Bill, however, covers only the private sector. The public sector is beyond the helping hand of the department of trade and industry, and must wait on Brigitte Mabandla’s band of merry men to introduce the changes to the law that will save the day for whistle-blowers. I imagine them stirring their tea reflectively, and saying to each other, “You know, we must chat to the Law Reform Commission some time about those proposals to improve the position of whistle-blowers.” It would be a good idea to do it soon -- we wouldn’t want anyone to get the impression that the state takes the theft of private-sector money more seriously than the theft of public-sector money.
If between Justice and the Law Reform Commission, each blaming the other for the delay, amendments can be agreed and turned into changes to the law, perhaps the brave individuals who speak out will get the protection they need and deserve. -- Alison Tilley, chief operating officer, Open Democracy Advice Centre, Cape Town
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