South Africa’s transition from colonial rule to democracy has been marred by several corruption scandals and high crime rates. The 2030 National Development Plan identifies corruption as a major threat to the rule of law. Corruption restricts the equitable distribution of resources by undermining basic democratic principles and impeding social, economic and political development.
Semantic scholar Peter B Jubb defines whistleblowing as a “deliberate, non-compulsory act of disclosure, going as far as [the] public record and is made by a person who has or has had privileged access to data or information of an organization, about non-trivial illegalities or other irregularities, whether actual, suspected or anticipated, involving and under the control of that organization, to an external third party. entity that has [the] possibility of rectifying the irregularity”.
The government has adopted various strategies to promote accountability and combat corruption in the country. For example, the parliament has enacted laws that try to address the problem. Furthermore, the 1999 National Anti-Corruption Summit resolved to “develop, encourage and implement complaint mechanisms, including measures to protect people from victimization when they expose corruption and unethical practices”.
In addition, the Constitution of our country serves as a general framework to protect whistleblowers. Similar to this, the Protected Disclosures Act (PDA) of 2000 is the key legislation regarding whistleblowing. The PDA requires that every employer must have internal procedures for receiving and addressing cases of malpractice.
Therefore, both public and private organizations are required to adopt a whistleblowing system. The ultimate goals of the PDA are to safeguard employees from retaliation for whistleblowing in the workplace, provide resources for those who experience it, and outline responsible channels for sharing information.
However, one of the main challenges facing the anti-corruption campaign is that people are often too intimidated to “raise the alarm” when they see corrupt and illegal activity. Those who are brave enough to blow the whistle are often victimized with little to no recourse.
Furthermore, South Africa’s legal framework is limited in scope, as it has some gaps in whistleblower protection. For example, the law does not specify any sanctions for those who do not comply with their legal obligations to protect whistleblowers. Furthermore, no sanctions are imposed on those who retaliate against whistleblowers.
Importance of the complaint
In a functioning democracy, those in authority must be held accountable, and this requires whistleblowers. Whistleblowing is one of the best ways to detect and prevent bad practices such as corruption and fraud and should be encouraged because it has several benefits.
First, whistleblowing can help prevent and reduce fraud. According to the Association of Certified Fraud Examiners (ACFE), more than 40% of all occupational fraud cases globally are exposed by whistleblowers.
In addition, people involved in unethical and illegal acts can be arrested and penalized for their wrongdoing. When co-workers realize the punishment that has been meted out to their colleagues, they may be discouraged from committing fraud and corruption. Therefore, a reporting culture serves to deter fraud because people know that any corrupt act can have devastating consequences.
In addition, whistleblowing is an early warning system designed to protect an organization from potential risks. Reduces the financial and reputational costs of fraud and corruption. For example, corruption tarnishes the image of the organization or the government. A positive reporting culture is essential to the success of any risk management system.
Furthermore, according to the ACFE, whistleblowing is more effective in detecting fraud compared to traditional government tools such as external auditing. External audits manage to detect around 5% of fraud cases, while whistleblowers have helped uncover 45% of fraud cases globally.
Furthermore, whistleblowers can prevent harm and protect the rule of law by exposing wrongdoing within an organization. To successfully litigate and prosecute corruption cases, credible evidence is needed, which does not appear out of thin air, but must be provided by people.
Finally, reporting irregularities is considered one of the most effective and economical strategies to protect the resources of an organization or a country. The costs of implementing a whistleblowing program are often very low compared to traditional accountability methods such as external auditing.
Why don’t people blow the whistle?
A major disincentive to whistleblowing is the fact that people are afraid of being labeled “sneaky” or accused of “breaking ranks” with their colleagues. They may also fear that they will be asked to provide irrefutable evidence when they raise the alarm.
Additionally, whistleblowing often comes at a cost, as whistleblowers risk their careers and personal safety to expose corruption and fraud. Whistleblowing is sometimes seen as a form of treason. As a result, whistleblowers are often considered traitors and, in some cases, may be blacklisted, removed from their jobs, and harassed. In extreme cases, they can be sued, arrested, or even killed.
way to go
The government and other stakeholders, such as the media, trade unions and civil society organizations, should launch public information campaigns and initiatives to encourage whistleblowing. Whistleblowers must not only be protected, but they must also be honored, actively supported and, where necessary, financially compensated.
In addition, to facilitate a culture of reporting, the legal framework of our country must be reviewed. The law should protect whistleblowers from retaliation for disclosing acts of misconduct.
On Friday, December 9, International Anti-Corruption Day, we honor all whistleblowers, not just in South Africa but around the world, who played and continue to play a crucial role in the fight against corruption by helping to detect corruption cases. We also pay tribute to several bold, brave and intrepid individuals who paid the ultimate price for “blowing the whistle.”
Pregala Pillay is a professor at the School of Public Leadership at the University of Stellenbosch.
Chris Jones is a Senior Research Fellow in the Department of Systematic Theology and Ecclesiology at Stellenbosch University, and also Director of the Moral Leadership Unit. This piece is part of a book project on Complaints and denouncers: promotion of an ethical and responsible society.
