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Dear Hon Minister Lamola,
I note with interest your recent statement that the department of justice is taking the matter of the protection of whistleblowers seriously, and is looking for ‘creative’ ways of assisting them. With all due respect, this matter should have long been dealt with as both our judge president and President Ramaphosa have emphasised the crucial role that whistleblowers play.
It is surely self-evident that protection is a priority when whistleblowers' lives are at risk but, as you may recall, the executive of which you are part took no action when your fellow minister, Cele, refused to accede to instructions given by the Public Protector – based on two-state agency threat assessments – to provide protection for Thabiso Zulu, despite attempts on his life which, in one case, almost killed him.
My focus in addressing this open letter to you is, however, on another whistleblower who is being persecuted by members of the SAPS: Patricia Mashale who, it is well known, took her oath of office, and the Prevention and Combating of Corrupt Activities Act, seriously. Since the alleged corrupt activities she wanted investigated involved Free State management members, she reported them to the national commissioner of the SAPS.
It was that which set in motion persecution at the hands of Free State police, reportedly joined recently by members of Gauteng Crime Intelligence. She has been in hiding for the past year and has survived two attempts on her life. I write to you because there are now credible reports that justice department employees are acting in collusion with her police persecutors.
READ: Sindiso Magaqa murder: Whistle-blower says justice delayed is justice denied
Please see my attached letters to the National Director of Public Prosecutions and Free State Regional Court managers, for full information, but I highlight here the main points which I request that you, as a minister, need to address urgently yourself:
• Allegations of collusion between police and senior prosecutors at the Bloemfontein Magistrates' Court include a malicious prosecution of crimen injuria against a senior forensic social worker, which revealed that people kept in cells at that court waiting to appear before a magistrate are manacled, no matter how trivial the charges are. Are you aware, and approve of, this serious abuse of human rights, which seems to be an unconstitutional continuation of apartheid practices?
• You will note the suspicious circumstances under which a protection order against Mr and Mrs Mashale was obtained by Deputy Free State Commissioner General (Solomon) Lesia and the speed with which he started a prosecution against them for the alleged breach of the order (which appears another malicious charge). Mrs Mashale has opened criminal cases against SAPS management, one of which dates back to 2021 for the apparently illegal seizure of her personal cellphone. It was investigated by IPID, who handed the docket to the DPP; it is thought that a prosecution was recommended. However, none of the cases opened by Mashale has been prosecuted.
• According to recent, credible reports, members of CIS from Gauteng have been sent to the Free State to track Mashale down and charge her for leaking an affidavit detailing very serious corruption in CIS to City Press. You will note that this affidavit is already on public record as it was submitted to the Zondo Commission for their hearings on Crime Intelligence corruption. It is not known who provided the newspaper with a copy of it. This is not the first threat of further charges being brought against Mashale, the details of which are not known, but, as minister of justice, please take the following reports, from credible sources, very seriously.
• Linked to the threat that CIS wish to charge Mashale, there are allegations that when she is charged, she will be arrested and bail will be denied, with her being detained in cells. This constitutes a death threat to Mashale for you may or may not know that it is easy to kill people in custody with impunity; over 200 people die this way annually. Again, it appears prosecutors are colluding with the police.
• Furthermore, apparently Senior Public Prosecutor Matlhoko participates in meetings held to decide on which magistrates hear cases. There is obviously a very clear conflict of interest if a prosecutor participates in decisions about magistrates. This prosecutor (who sent the social worker to cells) is allegedly related through marriage to a senior police member. The former chief magistrate at this regional court, Makgobo, is apparently the one who arranged for the prosecutor to participate, and he is allegedly a cousin of General Lesia.
• During a remand appearance in November 2022, Mashale was allowed to address the court and the case she presented about apparent collusion which defeats the ends of justice was so convincing that the magistrate agreed that an independent prosecutor from another province should handle the Mashale matter. At the last hearing, at which – in fear of her life – she was represented by her lawyer, this had not happened.
I request that your office act immediately to ensure that Ms Mashale is protected from harm linked to your courts. I end by drawing your attention to the need for funding, on a case-by-case basis, of whistleblowers who lost their jobs because they report corruption (I do not believe there should be any automatic incentive to potential whistleblowers).
READ: Editorial | Mr President, please protect whistle blowers
I remind you that anticorruption, human rights defending people like Patricia Mashale and Thabiso Zulu cannot venture out of hiding to engage in routine employment, for as long as your department does not successfully prosecute those implicated in the corruption, their lives remain in danger. The rights of their families are also being violated by their persecution, especially the 11-year-old son of Mashale, whose home is under 24-hour surveillance (at the taxpayer's expense) and who has already experienced abusive police conduct at their home aimed at arresting his father, without even a warrant (he was not at home).
Malicious charges are also routine but unemployed whistleblowers find it almost impossible to secure good legal assistance (in this regard, Mashale has, mercifully, been lucky). Until those responsible for gross corruption, especially those posing a threat to the lives of whistleblowers, are successfully prosecuted by your department and assistance is given to those in need of protection and subsistence, to stay alive, all the promises of assisting whistleblowers remain hot air.
Regards,
Mary De Haas, Hon research fellow school of law
