Statement by Adv. Glynnis Breytenbach MP – DA Spokesperson on Justice and Constitutional Development:
In her address this weekend, Minister Mmamoloko Kubayi chose to explain away the assassination of Marius “Vlam” van der Merwe by suggesting he declined protection and implying that media transparency contributed to his murder.
This is an outrageous and disgraceful attempt to shift blame onto the victim, and away from the criminals who pulled the trigger, and the government that has left whistleblowers exposed for years.
Van der Merwe was not murdered because he ran a private security company. He was not murdered because the media sought transparency. He was murdered because he exposed corruption – and because criminals know they can act with impunity under Minister Kubayi’s watch.
For years, the ANC government has promised reforms to protect whistleblowers, only to deliver delay after delay. They have twiddled their thumbs while one whistleblower after another is assassinated. It has been more than two years since government published a discussion document on reforming whistleblower protections. Still, there is no Bill before Parliament.
The Zondo Commission spelled out exactly what legislative changes are needed:
- Full protections in line with the UN Convention Against Corruption;
- Proper channels for disclosures;
- The power to incentivise whistleblowers;
- Immunity for honest disclosures; and
- Urgent amendments to the Protected Disclosures Act to guarantee protection, provide clear procedures, ensure physical security, offer incentives, and route information to specialised investigators.
Government knows precisely what is wrong with the current system, and exactly how to fix it. Yet nothing has been tabled.
In February, President Ramaphosa promised the Bill would be introduced this financial year. Over the weekend, Minister Kubayi repeated the same promise. The DA fully intends to hold her to it – and we hope this is not yet another reactionary assurance made under pressure.
At the same time, the DA is finalising its own comprehensive Bill to strengthen protections, expand safeguarding capacity, and ensure whistleblowers can come forward without fear. We will not wait for the ANC to act.
What South Africa needs is not excuses, defensiveness or victim-blaming. We need a government that protects those who expose corruption. Until meaningful reforms are implemented, whistleblowers will remain targets, and criminals will remain emboldened.