The deadly triangle: how law enforcement fails SA's whistle-blowers

Recent revelations expose a dangerous collusion between South African law enforcement officials and criminal syndicates, endangering whistle-blowers who expose corruption. Advocate Tseliso Thipanyane examines how this unholy alliance undermines democracy and what must be done to protect those who risk everything to uphold justice

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MARIUS 'Vlam' van der Merwe, inset, a witness in the Madlanga Commission, was gunned down in Brakpan. TIMOTHY BERNARD Independent Newspapers IOL Graphics

IN ANY democratic society rooted in respect for the rule of law, and the protection and promotion of human rights, law enforcement officials, especially the police, play an important role in upholding and enforcing the law in order to protect society from harm and wrongdoing, and bring to account those who break the law, and harm society and the people.

On the role of the police in protecting society, the court in AK v Minister of Safety and Security and Others referred to the role of the police to efficiently execute their constitutional obligations to prevent, combat and investigate crime, protect and secure the inhabitants of society and their property, and uphold and enforce the law.

Notwithstanding the important and vital role of the police in society, their track record in protecting whistle-blowers in the fight against high levels of corruption, wrongdoing, and abuse of public funds and powers, and in upholding and enforcing the law against those who harm whistle-blowers and their property, has not really been covered in glory.

The unacceptable delays and failures to bring to book those who contracted the killers of whistle-blowers such Babita Deokaran, Jimmy Mohlala, Moses Phakoe and many others, are clear examples of this conduct.

For a long time, the unsatisfactory conduct of the police in protecting whistle-blowers, and investigating acts of violence and killings of whistle-blowers, have been difficult to understand and explain in our society.

The poor and inept investigation of the killing of Deokaran and many other unresolved killings of whistle-blowers are examples of this ineptness.