Whistle-blower protection failure: why broadcasting isn't to blame for witness deaths
The tragic murder of Marius van der Merwe, known as Witness D, to the Madlanga Commission has ignited a fierce debate about the effectiveness of witness protection and the government is mulling over the idea of limiting live broadcasts of witness's testimony at commission of inquiry.
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Justice Minister Mmamoloko Kubayi’s recent comments suggesting that the government may review the live broadcasting of the Madlanga Commission following the murder of Witness D are reactive and misplaced.
They draw attention away from the real and longstanding crisis of South Africa’s criminal justice system's inability to protect those who expose corruption and wrongdoing.
The minister’s implication, that public testimony increases the risk faced by whistle-blowers, does not withstand scrutiny. The country’s tragic record shows otherwise.
Former ANC Youth League secretary general Sindiso Magaqa was not killed after appearing before any commission.
Babita Deokaran’s killing had nothing to do with televised proceedings.
Pamela Mabini, the murdered Eastern Cape gender activist who helped expose alleged human trafficking linked to deported pastor Timothy Omotoso, never sat before a commission at all.
Mpho Mafole, the City of Ekurhuleni's chief auditor who was killed after submitting a report into a R1.8 billion chemical toilet contract, didn't die because of the commission or the media's broadcast.
The list of whistle-blowers who've paid the ultimate price is long.
Their cases illustrate that whistle-blowers are not targeted for appearing on camera or commissions, but because the state has consistently failed to protect them.
Even within the government, fear is widespread. Auditors in the public sector uncover fraud at great personal risk, with some choosing to quietly resign rather than continue risking their lives.
Uncovering fraud puts them in harm's way because of the impunity enjoyed by hitmen who are hired by those who benefit from defrauding the state and other types of crime.
Minister Kubayi’s suggestion therefore risks becoming yet another knee-jerk reaction that avoids confronting the real issue. Limiting transparency at commissions of inquiry will not stop murderers. Improving witness protection and investigative capabilities and guaranteeing accountability within the criminal justice system will effectively deter murderers.
The issue of whistle-blowers' safety has little to do with transparency. It's more about the lack of protection for those brave enough to speak.
The cameras are not the problem. Impunity is.