25-07-2025
Protection of whistle-blowers must be a priority in SA
After the media briefing by Lieutenant-General Nhlanhla Mkhwanazi on July 6 there were people who raised issues of protocol, but the reality is that whistle-blowing becomes a worthwhile possibility when established protocols for reporting wrongdoing within the institution collapse or when the institution itself is conflicted in the delinquency.
It assists as a critical instrument for promoting accountability and transparency when internal reporting mechanisms are laughable or unproductive.
As correctly captured already in 1998, then-president Thabo Mbeki described the extent of corruption in South Africa as moral mayhem perpetrated by deviants.
Mbeki further characterised these individuals as the proponents of antinomian culture and implored the public to rebel against them (Mkhabela 2020).
He suggested that the rebellion must be public because the conspiracy of individuals in wrongdoing is a deviant behaviour contrary to the common good and is usually cloaked in silence. The battle will be taken to the corrupt (Mkhabela 2020).
It's essential say that some of what was said by Mkhwanazi in the media conference made me reflect on how Mbeki was concerned about risks to state security that could surface from the potential clash between the Scorpions, the NPA and the SAPS, and the subsequent establishment of the Ginwala Commission.
Mkhwanazi said in the briefing that on June 25 2025, the project co-ordinator of the political killings task team was arrested by the IDAC (Investigating Directorate Against Corruption).
This is the IDAC that has brought a glimmer of hope and I would have thought that it would emulate the high level of investigations comparable to the Scorpions with an extraordinary conviction rate.
Therefore, the mentioning of the IDAC in the media conference made you ponder whether there is some sympathetic pushback that is meant to benefit the recently arrested crime intelligence officers.
But I took solace in the fact that Mkhwanazi has been in the forefront of fighting crime in KwaZulu-Natal.
The contemplation also brought to mind the drama that characterised the case against former national police commissioner Jackie Selebi, where minister (Siyabonga) Cwele brought an application to stop ex-national intelligence co-ordinating committee head Barry Gilder testifying against Selebi.
In turning down the appeal, judge (Meyer) Joffe said state security could not be compromised more than it had already been.
In this second coming of what the country once experienced, the population must not allow itself to be influenced by pretenders and constitutional delinquents such as former president Jacob Zuma and his lieutenants in the MK party.
We cannot now develop amnesia and forget that it was Zuma who led the charge on rewriting the report of the public protector on the SABC and the report titled 'When Government and Ethics Fail' in defence of the less-qualified Hlaudi Motsoeneng.
In the second report of the public protector, titled 'Secured in Comfort', instead of acting in accordance with corrective action, the executive under Zuma found, among other idiosyncrasies, that the swimming pool constructed at Nkandla was in fact a 'fire pool', therefore qualifying as a security feature, with Nhlanhla Nene and Thulas Nxesi conspiring.
The Nkandla scandal directly uncovered Zuma's betrayal of the people of SA and the constitution.
The National Anti-Corruption Advisory Council is correct to sound alarm bells in the country still emerging from the grip of state capture, and the urgency to protect whistle-blowers has never been greater.
SA is at a perilous juncture in strengthening its anti-corruption architecture, with a specific focus on protecting whistle-blowers.
State capture symbolises that the state itself can be branded as mainly serving the interests of focus groups with criminal elements fitted in.
Whistle-blowers have been essential in exposing corruption scandals in SA, saving the country millions.
Yet many continue to suffer dire consequences, including harassment, job loss and serious financial ramifications.
In keeping with the sentiments in the Mkhwanazi briefing where he says there can never be peace between a criminal and a cop, we must not tolerate disgraced former police colonels such as Vincent Mdunge, who traded their blue overalls for orange ones.
The government functionaries must never find themselves going all out in dishonouring the whistle-blower and honouring the corrupt and the powerful.
I agree with the National Anti-Corruption Advisory Council that we need clear legislative reforms and an effective framework for whistle-blower protection.
The new whistle-blower protection bill must include the criminalisation of retaliation against whistle-blowers.
When the protocol fails, we cannot avoid the public whistle-blowing method. As Mbeki said, the rebellion must be public because the collusion of individuals in wrongdoing is deviant behaviour.
A mechanism must be created for the president to account in parliament about the number of protected disclosure submissions to his office and their current status, inclusive of departments, without mentioning names of the whistle-blowers.
The public confidence must be restored and those who are reporting wrongdoing must be given attention.
SA constructed a constitution that is distinct and far-reaching in its provisions.
Among other things, it created a collection of constitutionally protected institutions to strengthen democracy and these institutions are obligated to account to parliament.
The country cannot expect a constitutional delinquent such as Zuma to appreciate the importance of this constitution as the Constitutional Court pronounced on many occasions about his conduct.
In his next trip to the Union Buildings, convicted criminal Mdunge must take wise counselling from Mkhwanazi that there will never be peace between the criminal and the cop.
Dr Tony Duba (MPL), chair of Committees and ECPL, is writing in his personal capacity
The Herald
