ENCOURAGING WHISTLEBLOWERS OF CORRUPTION IN SOUTH AFRICA: A CRITICAL EVALUATION OF MONEY REWARDS

Abstract

In South Africa, as in many other countries, corruption and related criminal activities are deeply rooted and seem to cripple municipalities and the public sector in general. Studies have shown that whistleblowing is an essential tool that contributes to transparency and thus helps to control corruption. Three methods are available to a government to encourage whistleblowers to come forward: Protecting whistleblowers, creating an ethical government culture, and rewarding whistleblowers. It is therefore not surprising that the Commission of Inquiry into State Capture recommended that the South African government consider introducing money rewards for whistleblowers. This recommendation and the harsh reality that many whistleblowers have lost their lives in South Africa justify a more in-depth investigation into money rewards for whistleblowers.
Research done by Maslen for Transparency International of foreign jurisdictions shows that money rewards (and the resulting increase in reports) can be a cost-effective and time-saving method to bring perpetrators to justice. On the other hand, some scholars such as Aygare and Aidoo-Buameh warn that money rewards could exacerbate existing dysfunctional organisational cultures by fuelling distrust among colleagues in the work environment. Aside from exploring whether money rewards would be beneficial, the current legal position involving whistleblower rewards must also be considered.