The protection of whistleblowers in South African criminal cases

Jacobus Gerhardus J. Nortje

Journal of Financial Crime, 2022, vol. 30, issue 6, 1444-1457

Abstract: Purpose - The purpose of this paper is to critically analyse the extent of protection available for whistleblowers in South African criminal cases. Design/methodology/approach - This paper first provides a brief background of crime in South Africa and argues that the concept of the whistleblower is just a buss word or collective noun. The methodology of this paper consists of a literature review of whistleblowers and relevant laws that can be used to protect whistleblowers in South African criminal cases. Findings - This paper concludes that the existing law as primarily contained in the Criminal Procedure Act 51 of 1977 provides appropriate protection for whistleblowers in South African criminal cases. Research limitations/implications - Whistleblowers provide information on criminal, civil and disciplinary wrongdoings. This study focuses on the protection of whistleblowers pursuant to mainly the provisions of the Criminal Procedure Act 51 of 1977. Originality/value - The originality of this paper lies in the approach to the handling of whistleblowers in South African criminal cases. This is the first research done with the emphasis on the use of mainly the provisions of the Criminal Procedure Act 51 of 1977 to protect whistleblowers in South African criminal cases. The contribution of the study is that, by using this approach, it can provide protection and save lives, and it may enhance the willingness of whistleblowers to blow the whistle, which will be beneficial to the community of South Africa as a whole.

Keywords: Informants; Protection; Self-incriminating witness; Whistleblowing; Whistleblowers; Witness (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:eme:jfcpps:jfc-09-2022-0234

DOI: 10.1108/JFC-09-2022-0234

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