Deadly price of truth: SA whistle-blowers face mounting dangers

The murder of anti-crime activist Pamela Mabini has once again shown that whistle-blowers in South Africa continue to face significant dangers, from retaliation to violent attacks. 

This also includes physical harm, intimidation, and loss of jobs and career prospects. 

Some have been murdered, and others have fled the country, fearing for their lives and safety. 

Mabini, an activist and whistle-blower, was shot and killed outside her home in Kwazakhele, Gqeberha, in the Eastern Cape. 

Mabini, through her non-profit organisation, Maro Foundation, was known for her activism and charitable work to restore dignity and reduce crime and violence in her community. 

Her whistleblowing played a crucial role in the arrest of Nigerian pastor Timothy Omotoso and others, who are on trial for rape, racketeering, and human trafficking. 

She was also a regular attendee of the trial, participating in protests and supporting victims and witnesses. 

In a statement issued on Tuesday, the South Africa Human Rights Commission (SAHRC) said it was disturbing that whistle-blowers, who may not necessarily be witnesses, were often left unprotected and without adequate support systems, making them highly vulnerable to victimisation, intimidation, and other forms of retaliation.

“While the commission continues to gather facts, it remains deeply concerned about the rising trend and recurring pattern of attacks on whistle-blowers, witnesses, and other vulnerable groups.”

Whistle-blowers in South Africa make decisions to blow the whistle based on their strong desire for justice, but because of these acts, they become isolated and vulnerable. 

Their stories are all unique, but similarities emerge that paint a picture of struggle and adversity for people seeking to do the right thing in the public interest.

Former Department of Health worker Dr Paul Theron experienced the same when he was suspended in 2007 after he disclosed the poor state of the healthcare system in the facility to Parliament and the Inspecting Judge for Prisons. The then minister of Correctional Services sued him for defamation, although those charges were eventually dropped.

In 2006, shopkeeper and independent bread distributor Imraahn Ismail-Mukaddam complained to the Competition Commission about collusion in the baking industry. His allegation of collusion arose when bakers collectively decided to reduce the discount offered to distributors.

As a result of his charges, the Competition Tribunal found Pioneer Foods, Tiger Brands, and Foodcorp guilty of breaching the Competition Act – the eventual fine ordered being over R90 million.

Despite the importance of this disclosure, his business eventually failed after producers began withdrawing their business. He now works on a variety of consumer fairness issues and continues to pursue justice on behalf of the public good – but he has suffered personal and emotional setbacks because of his actions. 

Jimmy Mohlala was killed at the gate of his home in Mpumalanga in 2009, in full view of his son, who was injured in the barrage of bullets. 

Mohlala, the former Mbombela municipal manager, was a whistle-blower in the alleged corruption at the 2010 Fifa World Cup soccer venue, the R1.2 billion Mbombela Stadium. 

Another whistle-blower, Moses Phakoe, was also gunned down in his home in 2009. The former ANC councillor was murdered after blowing the whistle on alleged corruption in Rustenburg municipality, North West. His body was found slumped over the steering wheel of his car in his driveway with two bullet wounds. 

In September 2014, Xola Banisi was gunned down after approaching the Hawks and the Public Protector about corruption related to two tenders at Bloem Water. Banisi worked in the human resources department of Bloem Water and was a member of the South African Municipal Workers Union (Samwu).

After trying to raise his concerns about corruption through several avenues, it appeared Samwu had begun trying to investigate and assist him in relation to the claims. However, he reported receiving death threats before he was assassinated.

Segomoco Sibambato, a former manager at the Transport, Education and Training Authority (TETA), was dismissed after raising concerns about her CEO flouting procurement procedures. A later investigation by the TETA Internal Auditors vindicated her claims and demonstrated significant irregular expenditure – yet she was never reinstated to her position.

Another whistle-blower and chief director for financial accounting at the Gauteng Department of Health, Babita Deokaran, was shot at least 12 times in August 2021 near her home. This was after she raised the alarm on fraud and corruption at Tembisa Hospital.

Six men - Phakamani Hadebe, Zitha Radebe, Nhlangano Ndlovu, Sanele Mbhele, Siphiwe Mazibuko and Siphakanyiwa Dladla - were arrested. The six men were sentenced to different jail terms relating to their roles in the murder after pleading guilty.

In March 2023, Insolvency practitioner Cloete Murray and his son, Thomas, were gunned down in Midrand, Johannesburg, in what appeared to be a targeted hit.

Cloete was a well-known insolvency practitioner who was acting as the liquidator of BOSASA, a company implicated in corrupt activities and which featured prominently in allegations of state capture during the Zondo Commission of Inquiry. Thomas had become a director in his father’s firm, Sechaba Trust. Cloete is also reported to have held court appointments as liquidator or trustee in other cases linked to state capture.

Cloete’s involvement in such high-profile, politically connected matters raises serious concerns about the possibility of the killing being an assassination linked to matters investigated by him.

Police Lieutenant-Colonel Charl Kinnear was gunned down in his car outside his home on September 18,  2020, before he could drive through the motorised entrance gate to his house in Bishop Lavis, Cape Town. Kinnear was investigating cases involving organised crime.

Those who were implicated in his murder include underworld kingpin Nafiz Modack and former rugby player Zane Kilian, as well as a high-ranking Hawks official and a former commander of the Anti-Gang Unit. 

Following the Department of Justice and Constitutional Development’s publication of a discussion document on proposed reforms for the whistleblower protection regime in South Africa in 2023, President Cyril Ramaphosa in his State of the Nation Address in February, made a commitment to “finalise the Whistleblower Protection Framework and introduce the Whistleblower Protections Bill in Parliament during this financial year”. 

“These heinous acts underscore the urgent need to strengthen protections for whistle-blowers, witnesses, and community activists. The Department of Justice and Constitutional Development remains committed to ensuring the safety and security of all court users, officials, presiding officers, activists, and witnesses.  

To achieve this, the department is actively reviewing legislation to address gaps that may undermine the security of these individuals. We have committed to finalising the Whistleblower Protection Framework and introducing the Whistleblower Protections Bill in Parliament during this financial year,” said spokesperson Terence Manase.

manyane.manyane@inl.co.za