The State Capture inquiry serves as another cautionary tale, writes Leadership editor JJ Tabane
Protecting whistle-blowers needs an even louder call to action after the shocking revelations of Lt-Gen Nhlanhla Mkhwanazi. After the commissioner’s revelations, South Africa is once again reminded of the dire need to protect whistle-blowers in our fight against corruption. Especially when the trend of criminal police continues.
There are just too many examples of top cops falling from grace and now citizens have a deeper worry when it comes to reporting crooks: they now don’t know who to trust!! They could be endangering their very lives by reporting criminals who are, in fact, connected to the top of the rotting fish that is our criminal justice system. It appears that our cops are so embedded in the criminal underworld that we may be forgiven for suspecting they may well be fighting over criminal territories when they expose one another.
Of course, the allegations still have to be tested, but it’s no exaggeration that their veracity is highly likely. This is clearly a case of “no smoke without fire”. Quite frankly, we would be terribly naive not to worry after the horror story of the late Jackie Selebi and recently Kgomotso Phahlane, both of whom were found to be in the pockets of the criminal underworld.
The very essence of democracy hinges on transparency and accountability, yet our current legislative framework leaves those who dare to expose wrongdoing vulnerable and unprotected. Whistle-blowing is not just for the minions. People with a conscience, regardless of their rank, must be encouraged to follow in Mkhwanazi’s footsteps.
But, alas, they should expect no sympathy from the current crop of our leaders. The fact that an entire ANC NEC kept quiet for almost a decade when so much plundering was going on under the Zuma administration, shows you the kind of dead conscience we are dealing with. These are people who, just because Zuma is currently the opposition, now confess that they lied for him.
We are told that by blowing the whistle Mkhwanazi is turning us into a banana republic. Methinks what has turned us into banana republic is a billion rand that was wasted on the State Capture Commission, without any consequences to date. It’s nauseating to realise that the space for upright citizens to expose crime is being closed by the very leaders who are singing the renewal tune.
The cases of KPMG, Bain and Steinhoff further amplify this issue. The rot within these organisations is a direct consequence of a culture that punishes truth-tellers while rewarding silence. The lack of adequate legal safeguards for whistle-blowers has long been a glaring issue in South Africa. Despite the existence of the Protected Disclosures Act, the reality is that many potential whistle-blowers are deterred by the fear of retaliation, harassment or even violence. The chilling effect this has on individuals willing to speak out is profound, resulting in the reluctance of good men and women to come forward in the face of systemic corruption.
The recent case of Babita Deokaran, who tragically lost her life after exposing corruption in the Gauteng Department of Health, serves as a stark reminder of what is at stake. Her untimely death illustrates the real and present danger faced by those who dare to unveil the truth. Despite numerous declarations even in the face of continuing harassment of auditors and other corruption busters—we still don’t have proper protection for whistle-blowers.
The State Capture Commission, which was established to investigate the pervasive corruption that has plagued our nation, serves as another cautionary tale. Despite its noble intentions, the Commission failed to provide adequate protection for witnesses, compelling some to flee the country. This not only undermined the Commission’s objectives but also sent a chilling message to potential whistle-blowers… that the State is ill-equipped to safeguard those who put their lives on the line for the greater good.
Now juxtapose this with new calls for more commissions of inquiry—this must be a serious joke. Who will come forward in the current toxic environment? At least Mkhwanazi seems to have a SWAT team to protect him, but it will be cold comfort for ordinary citizens to come forward only to be eliminated. Who is a banana republic now?
The cases of KPMG, Bain and Steinhoff further amplify this issue. These scandals exposed the depths of corruption and collusion among powerful entities in the private sector, yet the silence of potential whistle-blowers speaks volumes about the fear that permeates our society. The rot within these organisations is a direct consequence of a culture that punishes truth-tellers while rewarding silence.
It is imperative that South Africa enacts comprehensive reforms to bolster whistle-blower protection. This includes strengthening existing legislation, ensuring anonymity for whistle-blowers and implementing robust mechanisms for reporting corruption without fear of retribution.
Additionally, the government must invest in public education campaigns to raise awareness about the importance of whistleblowing in combating corruption and to foster a culture that celebrates transparency rather than vilifies those who expose wrongdoing.
And so, we wait with bated breath to see whether the President will steer us in the right direction in this national crisis. His track record so far has been poor and his renewal message hollow—but there is always a first time. He may just surprise us by firing the wrongdoers instead of wasting money on another commission on inquiry.
Prof JJ Tabane is the Leadership magazine editor.
