Wits’ Themba Maseko doubts embattled Justice Minister will ensure whistleblower protection

University of the Witwatersrand (Wits) School of Governance head and whistleblower Themba Maseko said he is not confident that newly appointed Minister of Justice Thembi Simelane will be able to move forward with former Chief Justice Raymond Zondo’s proposal on strengthening the protection of whistleblowers, mostly as she is implicated in a scandal of corruption.

Simelane met with the Portfolio Committee on Justice and Constitutional Development on Friday, following allegations levelled against her, relating to a VBS Mutual Bank loan.

Early this month, media reports revealed that while serving as the mayor of Polokwane in 2016, Simelane took a "commercial loan" of R575 600 from Gundo Wealth Solutions, a company that brokered “unlawful” investments of R349-million into VBS Bank on behalf of the Polokwane municipality, amongst others.

Maseko noted Zondo’s “positive move” in supporting the protection of whistleblowers.

“The only unfortunate thing now is that the Minister [Ronald Lamola] who was supposed to do this, is now the Minister of International Affairs. I am not sure if the new Minister [Simelane] will be able to move forward with that proposal, largely as you may know, she is appearing in Parliament today to account for benefiting from the VBS deal or corruption that took place in Limpopo,” he said.

Zondo, in his State Capture Inquiry, made recommendations for the establishment of an anti-corruption agency, that should house a division for whistleblowers to provide legal protection, social-psychological and health resources.

In 2019 Maseko appeared before the Zondo Commission of Inquiry where he detailed his refusal to comply with the Guptas’ wishes that he divert government’s entire advertising budget to The New Age newspaper.

Maseko was removed from his position shortly after.

He noted that exposing corruption, or elicit conduct in general, is every citizen’s moral and legal duty and stressed that it is the right thing to do.

“…because if we found out or get to know about wrongdoing in workplaces, be it public or private and in society, if we do not speak out and expose that wrongdoing, we are also complicit,” he highlighted.

He said whistleblowing is not only about exposing politicians, and he stressed that this needs to be demystified as much unethical behaviour is also practiced by senior civil servants who are in positions of authority and power in all three spheres of government.

He said whistleblowing is an important part of the fight against corruption, and therefore, the country has a duty and responsibility to ensure whistleblowers are supported.

“…but in the end, you will have to know that acting with integrity is a very lonely journey. It can be financially crippling and often dangerous, however, it is a necessary duty for those who care about themselves, their fellow citizens, their country and the world,” he stated.

He said despite Ramaphosa’s commitment that the State will protect them, many whistleblowers are killed, live in object poverty, feel unsafe and marginalised.

He believes that the State is uncaring, as nothing has been done to date to ensure whistleblower protection.