Business Day

Picking up the pieces after speaking up

- Melody Emmett

SA is rapidly moving towards a more enlightene­d view of whistleblo­wers in which they are neither demonised as disloyal snitches, nor glorified as courageous heroes, says an expert.

They should be “normalised as ordinary employees doing a regular, accepted part of their jobs”, says Mary Inman from the internatio­nal whistle-blowing practice Constantin­e Canon.

In SA, there are at least 10 clear whistle-blowing cases in the labour court and one in the labour appeal court. But normalisat­ion is not close at hand; there has to be legal protection for whistle-blowers and society has to treat them with respect, says Corruption Watch executive director David Lewis.

Corruption Watch gets between 100-150 reports a week. Not all whistle-blowers are “as pure as driven snow”, Lewis says, alluding to former Bosasa COO Angelo Agrizzi’s testimony before the Zondo commission. But all authentic whistle-blowing contribute­s to a more ethical society.

In most cases, they do the “defensible, constituti­onally justified thing”, says disability lawyer Peter Strasheim.

Employers typically “deny, delay, defend, dismiss”, he says, referring to a legal blog published by UK law firm Simons, Muirhead and Burton.

A survey conducted in the UK by an all-party parliament­ary group looking at the costs of whistle-blowing found that out of 336 whistle-blowers, 77.8% declared that the organisati­on had retaliated against them, 14.2% indicated that the organisati­on was not supportive, and 5.2% felt supported.

SAA whistle-blower Cynthia Stimpel says: “Mostly, when a whistle-blower is reinstated in their job, the company finds a way to move them into another department and find something else wrong so they can eventually work them out.”

She lifted the lid on an alleged unlawful tender at the airline.

A study by Marianna Fotaki of Warwick Business School and Kate Kenny of Queen’s University Belfast found that 62% of whistle-blowers reported being demoted or given more menial tasks and almost all were eventually dismissed or resigned.

After speaking on a media platform and at the Zondo commission, other whistle-blowers approached Stimpel to share their stories. She formed a support group and is about to launch a company, Phakama (Nguni for “rise up”), with the aim of attracting pro bono psychiatri­c-psychologi­cal and legal support and financial assistance, advocating for changes to the legislatio­n and compiling a detailed guide for whistle-blowers.

“Informal blacklisti­ng is common,” Georgina Halford

Hall from Whistleblo­wers UK says. A former whistle-blower herself, she was told by recruitmen­t agencies: “Getting a whistle-blower re-employed is practicall­y impossible.”

Whistle-blowers experience discrimina­tion at every level. Stimplel says even the Protected Disclosure­s Act does not protect whistle-blowers.

“We will be making a proposal to the Ethics Institute and other organisati­ons the Zondo commission is one of them to say the act is not doing the work it is supposed to do.

“There should be no relation to a person’s conduct in the workplace,” Stimpel says.

“In my case, I was charged for misconduct, despite all the facts and the paper trail, and something similar is coming up in other peoples’ stories.”

Strasheim says: “A whistleblo­wer who is exposed to occupation­al detriments, such as prejudice or discrimina­tion, can bring a case against their employer. But usually the harmdetrim­ents are so bad that the person has a breakdown.”

Amendments to the Protected Disclosure­s Act are necessary to take into account people outside the employment relationsh­ip, such as ordinary citizens and independen­t contractor­s, Lewis says.

In the US, the Securities and Exchange Commission pays whistle-blowers a share of the money their actions-whistleblo­wing enables the state to claw back. This is a recent interventi­on, and is apparently working. Lewis believes ways of rewarding whistle-blowers financiall­y can be devised in SA.

I WAS CHARGED FOR MISCONDUCT, DESPITE THE FACTS AND PAPER TRAIL, AND SOMETHING SIMILAR COMES UP IN OTHER STORIES

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