Addressing the crisis: whistle-blower murders and the need for legal reform
Image: File
WHILE whistle-blowers are at the frontline in the war against corruption, organisations and activists do not believe enough is being done to protect them and to bring the "masterminds" behind some of their murders to book.
The killings of many whistle-blowers, including Babita Deokaran, Pamela Mabini, Cloete Murray and his son, Thomas, over the last few years has sparked an outcry for the government and law enforcement agencies to be more proactive.
This includes tabling of the Whistleblower Protection Bill and implementing recommendations made during the Commission of Inquiry into State Capture (Zondo Commission).
Dr Nora Saneka, chairperson of the Active Citizens Movement (ACM), said despite many promises, concrete action remained absent.
'In President Ramaphosa's 2021 commitment to the Zondo Commission he said: 'We need to give whistle-blowers better protection, both in law and in practice. Without whistle-blowers, we will not be able to tackle corruption effectively', yet nothing has been done. Whistle-blowers continue to face lethal threats, job loss, and institutional hostility.
'The delay in tabling of the bill and ignoring the need to implement interim measures demonstrates alarming inertia. Platitudes have not translated into legal safeguards, financial support, or psychological protection,' she said.
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Saneka said while 'hitmen' involved in the killing of whistle-blowers may occasionally face charges, the architects of these crimes evade accountability.
'The unsolved murder of Babita Deokaran, exposes systemic failure. Law enforcement and the National Prosecuting Authority (NPA) lack proactive strategies to target orchestrators, perpetuating a culture of impunity. Without high-level prosecutions, whistle-blowers remain vulnerable."
Saneka said the ACM submitted comprehensive proposals to the Zondo Commission in 2021, and directly to President Cyril Ramaphosa in January this year.
'We detailed five interim measures in our letter to the president, Department of Justice (DoJ) and National Anti-Corruption Advisory Council (NACAC). Despite follow-ups, no substantive feedback has been provided to ACM or to the citizens of South Africa. Neither has any action been taken as far as we are aware. In addition, NACAC's advisories to the president remain confidential, undermining public accountability
'We also ask that the DoJ fast track the Whistleblower Protection Bill and propose that the National Director of Public Prosecutions is directly accountable to Parliament. Parliament has final responsibility for all matters concerning the administration of justice, including the budget for the prosecuting authority.
'South Africa's anti-corruption efforts hinge on protecting those who risk everything. Delays betray whistle-blowers and embolden criminals. We appeal to President Ramaphosa to act now because lives and democracy hang in the balance,' she said.
Ben Theron, chief executive officer of The Whistleblower House, said the government's response to protecting whistle-blowers, had been 'fragmented, disjointed, and poorly coordinated'.
'Existing mechanisms are ineffective, and the way they are managed is neither structured or trusted by those who need protection. The system lacks credibility and urgency. In addition to threats to their lives, whistle-blowers often face workplace retaliation or dismissal without proper recourse, meaning job security is virtually nonexistent.'
Theron said they had submitted detailed proposals aimed at strengthening whistle-blower legislation, particularly reforms to the Protected Disclosures Act (PDA) of 2000.
Stefanie Fick, executive director of the accountability division at Organisation Undoing Tax Abuse (OUTA), said: 'Too many whistle-blowers are on suspension awaiting disciplinary hearings because they decided to stand up against corrupt activities and government departments litigate with taxpayers' money against whistle-blowers. Whistle-blowers also do not receive emotional or financial support and are often ostracised.'
Fick added she did not believe the South African Police Service (SAPS) and the NPA had the resources or expertise to tackle the killing of whistle-blowers.
Devoshum Moodley-Veera, an integrity activist, said: 'Retaliation against whistle-blowers has become commonplace due to the government's failure to adequately safeguard these individuals. Daily, I encounter situations requiring urgent assistance for whistle-blowers, whether through providing safety houses or offering legal support as they face disciplinary actions.
'A critical, yet untapped, resource is the Criminal Assets Recovery Account (CARA) fund, managed by the NPA. This fund, derived from the proceeds of crime, is intended to compensate victims of economic crimes. These funds could effectively support whistle-blowers by covering legal fees, safety accommodation, and psychological assistance. However, this has not yet been implemented by the government."
Moodley-Veera, who is a PhD student specialising in ethics, anti-corruption, whistle-blowing protection and law at the Stellenbosch University, said there was a significant over-reliance on the Special Investigations Unit (SIU) for probing whistle-blower complaints.
'Law enforcement agencies haven't yet released statistics on the number of whistle-blower cases they have received, making it difficult to assess their effectiveness in handling these matters. Additionally, there's an excessive dependency on civil society organisations and journalists to bring these cases to light. The country also suffers from poor consequence management for wrongdoers.
'In many instances, individuals facing disciplinary proceedings are allowed to resign before any action can be taken against them. This loophole enables them to evade accountability and potentially move to other organisations, perpetuating the same problematic behaviours. Furthermore, the use of non-disclosure agreements (NDAs) effectively silences whistle-blowers,' she said.
Koogan Pillay, a governance and human rights advocate, said it appeared that there was no political will or commitment to ethical governance and accountability.
'There is too much talk and very little action. During the Zondo Commission, I made a submission to the commission, as a collective effort of the ACM. This included a compilation of many whistle-blower complaints, together with a human rights report, on what needs to be addressed as a matter of urgency, to counter the existential threat posed by grand corruption to South Africa's young democracy.
'Sadly, it has been three years since former Chief Justice (Raymond) Zondo submitted his report to President Ramaphosa and parliament. He recently conveyed his dismay at the lack of progress in implementing his report, hence putting at risk South Africa's constitutional democracy from any further potential capture, should it happen,' he said.
Pillay added if nothing was done to protect whistle-blowers, corruption would worsen to the point of rendering South Africa a failed state.
'This could lead to the reality and nightmare of a 'mafia' state. Sadly more pressure rests on resourced strapped organisations and citizens at large. Ultimately, the results at the polls will also tell, as we have seen during the elections last year which led to a Government of National Unity.'
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