Despite growing legal protections, whistleblowers in Africa still face suspicion and hostility. Businesses should foster ethical workplaces and develop clear policies to empower employees to speak out.
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Whistleblower protections are evolving across Africa, but fear of retaliation often stops employees from voicing misconduct.
Recent cases underscore the risks of speaking out. In March 2025, a whistleblower was killed in South Africa, amid broader concerns about whistleblower protections in the country. Elsewhere, a journalist in the Central African Republic who revealed Russian disinformation was abducted and interrogated by police in November 2024.
To encourage individuals to report misconduct, without fear of retaliation, some African countries are introducing new rules promising enhanced protections. Kenya’s Whistleblower Protection Bill 2025 is pending final implementation and South Africa is expected to introduce its own bill by February 2026.
Whistleblowing helps companies identify and address misconduct early on before it escalates – minimising reputational and legal fallout.
Following previous coverage of emerging whistleblower protections in Latin America and the Middle East and North Africa, Lexology PRO now turns to Africa, exploring the evolving legal landscape and how businesses can adapt their policies to support whistleblowers.
What are the current whistleblower protections in key African jurisdictions?
South Africa
In February 2025, South African President Cyril Ramaphosa announced plans to finalise a new Whistleblower Protections Bill by early next year. The proposed bill seeks to criminalise whistleblower retaliation, among other reforms.
The amendments aim to build on the existing Protected Disclosures Act 2000, which was revised in 2017 to extend protections to all employees in both public and private sectors, including temporary workers and interns.
The revised regulation includes a duty to inform provision, requiring employers to acknowledge whistleblower reports within 21 days of receipt and provide written feedback within three months.
Whistleblower protections are also embedded in Section 159 of the Companies Act 2008, which mandates confidential internal reporting systems that are accessible to all employees.
Despite these legal frameworks, South Africa’s whistleblowing climate remains challenging. A rise in the misuse of whistleblowing for personal grievances – known as malicious whistleblowing – breeds distrust toward legitimate whistleblowers.
“We see a trend of companies justifiably condemning the misuse of the protected disclosure framework by employees seeking to advance ulterior motives, such as settling personal scores, escaping legitimate disciplinary action, or gaining an unfair advantage,” Dhevarsha Ramjettan, partner at Webber Wentzel, tells Lexology PRO.
Kenya
Kenya’s Whistleblower Bill 2025, set to take effect this year, establishes a new Whistleblower Protection Agency and broadens protections to cover environmental and human rights violations. Anyone who retaliates against a whistleblower – including company directors and senior officers – will face a fine of up to 5 million shillings (US$38,699) and imprisonment of up to 10 years under the forthcoming regulations.
Kenya’s existing legal framework for whistleblower protections – governed by the Bribery Act 2016 – is limited to bribery and corruption-related reports. The Ethics and Anti-Corruption Commission (EACC) provides an online portal for reporting such offences, which must be submitted within 24 hours and can be made anonymously. There is no legal requirement for reports to be filed internally first.
Zambia
Zambia’s Court of Appeal issued a landmark ruling in April 2025, siding with a whistleblower who exposed high-level corruption in the Ministry of Finance. The ruling marked the first time a Zambian court upheld a whistleblower’s rights under the Public Interest Disclosure (Protection of Whistleblowers) Act 2010, Zambia’s governing whistleblowing law.
The law affords protections to employees in the public and private sector and permits anonymous reporting.
However, anonymous reporters must identify themselves to the head of the investigating authority – such as the Zambia Police or the Anti-Corruption Commission – and ask for their identity to remain confidential to receive legal cover.
Botswana
The Whistleblowing Act 2016 affords protections to both public and private sector employees, including members of the public who suspect or witness misconduct.
Companies are not required to establish dedicated whistleblower systems under the law, although it is considered good practice.
Whistleblower reports may be submitted orally or in writing to authorised individuals, such as members of the Directorate on Corruption and Economic Crime (DCEC) or the Botswana Police Service. Reports must be referred to the appropriate authority within seven days. In some cases, the authorised person and the appropriate authority may be the same – for example, corruption reports submitted to the DCEC.
Anonymous reporting is permitted. Anyone who discloses a whistleblower’s identity or retaliates against them – including company directors – may face a fine of up to 10,000 pula (US$694) and imprisonment for up to five years.
Key considerations for companies
In Africa, the fear of retaliation often stands in the way of employees calling out misconduct. Whistleblowing is still commonly associated with snitching or betrayal in some countries.
Businesses operating in Africa should adopt best practices to support and encourage whistleblowing.
Establish systems for anonymous reporting
Anonymous reporting incentivises whistleblowing by reducing the risk of retaliation. Where possible, companies should provide the option to file anonymous complaints and integrate it into broader whistleblowing policies.
While not all African companies are required to implement internal whistleblowing systems, establishing clear policies on how employees and third parties can report complaints will encourage whistleblowers to speak out.
Handle reports securely
Companies should respond to complaints quickly, and in line with the timelines mandated by the relevant legislation. For example, employers in South Africa must acknowledge receipt of a whistleblower’s report within 21 days and provide written feedback within 3 months.
Reporting channels should be secure and companies should guarantee that the right individuals handle reports. Managers and HR staff should receive training on how to deal with reports.
Promote a whistleblower-friendly culture
Businesses should communicate the benefits of blowing the whistle and adopt a zero-tolerance approach to retaliation.
Senior leadership has a role to play in establishing a transparent and whistleblower friendly corporate culture.
“It starts with strong leadership publicly endorsing whistleblowing as a valued contribution, rather than a threat. Leaders must lead by example and integrate these values throughout the company,” according to Webber Wentzel’s Ramjettan.
Management should model ethical behaviour and promote the organisation’s whistleblowing systems.