Friday, January 16, 2026

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When the State fails: civil society must protect South Africa’s whistleblowers

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South Africa’s witness protection system is failing. The deaths of the likes of Moss Phakoe, Jimmy Mohlala, Babita Deokaran, Marumo Phenya, Mpho Mafole, and now Marius van der Merwe, known in the official Madlanga Commission as Witness D, expose a grim reality: those people brave enough to speak the truth are often left entirely exposed, sometimes paying with their lives.

These are not isolated tragedies; they reveal a system incapable of defending the very citizens it claims to serve.

The official Witness Protection Programme (WPP), operating under the National Prosecuting Authority, is meant to safeguard witnesses. In reality, it is plagued by leaks, inefficiency, and chronic underfunding. When Van der Merwe, a key exposer of corruption and murder, was killed on Friday, it was a stark reminder that courage alone cannot guarantee safety. Babita Deokaran and others met similar fates, despite being nominally “protected” by the state.

Too often, whistleblowers are betrayed by the very institutions tasked with their safety. Phakoe’s, Mohlala’s, Deokaran’s, Phenya’s, Mafole’s, and Van der Merwe’s deaths make this brutally clear. If those willing to expose corruption cannot rely on the state, someone else must step in. Civil society organisations with a proven track record of defending accountability, such as OUTA or the IRR, have both the motivation and capability to fill this gap. Courageous individuals are the lifeblood of accountability, and their survival cannot depend on government promises alone.

These organisations could establish dedicated witness-protection units to provide operational safety for whistleblowers. Such units could offer safe houses, secure transport, personal protection, encrypted communications, threat monitoring, and psychological support. Unlike government programmes, they could act swiftly, adapt to evolving risks, and provide protection where bureaucracy and corruption leave official systems exposed.

Around the world, civil-society-led protection is already happening. In Colombia, NGOs provide relocation and support for witnesses of political violence and organised crime. In Italy, anti-mafia initiatives combine police protection with NGO networks assisting witnesses navigating daily life under threat. In Kenya, civil society intervenes in high-profile corruption cases where state mechanisms are overburdened. These examples demonstrate that non-governmental actors can save lives, even when official systems fail.

South Africa’s need is urgent. The WPP is overstretched and compromised. Witnesses willing to expose wrongdoing are dangerously vulnerable. Practical protection, safe houses, secure transport, digital safety, threat intelligence, and counseling can be organised independently by committed civil-society organisations with proper planning and funding. OUTA, the IRR, or similarly mission-driven organisations could move beyond advocacy and rhetoric to take direct responsibility for safeguarding truth-tellers.

The deaths of witnesses Mafole, Phenya, Deokaran, Mohlala and Phokoe are stark reminders that bravery alone is insufficient. Civil society must act decisively, creating operational frameworks that function even when the state cannot be trusted. Courage must be shielded: not celebrated in words but safeguarded in action.

South Africa faces a stark choice: continue exposing its bravest citizens to lethal risk, or empower civil society to step in where the state fails. Without whistleblowers, accountability collapses. Without practical protection, more lives will be lost, and impunity will thrive. The deaths of courageous individuals have already created a chilling effect. Many potential whistleblowers will hesitate to come forward, fearing for their lives. If the country’s future depends on truth-tellers surviving, organisations like OUTA and the IRR must rise to the challenge, providing the protection and support that the state has repeatedly failed to deliver.

Written by Tiego Thotse for The Daily Friend. The original article can be found here.

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