Dear Editor
The Democratic Alliance (DA) will write to Minister of Justice Mmamoloko Kubayi urging greater whistleblower protection through legislative reforms.
Our deepest condolences go out to the family, friends and colleagues of Bouwer van Niekerk.
The horrific murder of Bouwer van Niekerk last week demands that the Minister take these decisive steps now.
More than two and a half years since the double murder of a high-profile insolvency practitioner father and son Cloete and Thomas Murray, no arrests have since been made. Instead, police have reportedly been undertaking forensic investigations of the wrong bakkie.
The department of justice and NPA meanwhile need to address dismal prosecution failures in bringing not only murders, but also those who ordered the hits swift justice.
A 2023 report by the Department of Justice admits that there are clear deficiencies in whistleblower protection laws in South Africa, yet no steps have been taken by the department to bring about the necessary legislative reform.
Urgent legislative reform is needed to address the protection of witnesses and whistleblowers.
Van Niekerk was gunned down in broad daylight at his law firm while serving as the attorney for the business rescue of NTC Global Trade Fund, an alleged Ponzi scheme. The murder must be investigated and perpetrators found and pursued.
The Department of Justice must do more to protect anti-corruption fighters as assassinations of whistleblowers, witnesses, lawyers and prosecutors are becoming all too common.
No South African should accept that standing up against corruption would risk costing you your life. South Africa needs strong investigators, and we need witnesses to be free and safe to participate in investigations.
One case of this nature would be appalling but it comes on the back of a long line of attacks on brave individuals fighting corruption – with little to no justice being served.
During his state of the nation address on 6 February this year, President Ramaphosa stated that government would finalise the whistleblower protection framework and introduce the Whistleblower Protections Bill in Parliament during this financial year – no such Bill has been introduced as of yet.
The writing is on the wall: South Africa urgently needs legislative reform to protect whistleblowers and bolster respect for the rule of law.
It is also high time the department treats prosecution failures in assassinations of lawyers and prosecutors with the urgency it demands.
Regards
Glynnis Breytenbach MP
DA Spokesperson on Justice and Constitutional Development