HUNG OUT TO DRY

Whistle-blowers in SA are expected to put their lives and careers on the line with no guarantee of support in return. It’s time to change the system

State capture commission chair judge Raymond Zondo believes half the evidence that has helped the commission’s work has come from whistle-blowers. Without whistle-blowers speaking up about the malfeasance and transgressions they’ve seen, the commission — and SA’s efforts to seek justice — would have been severely hampered.

But while whistle-blowers play a vital role in our society, it is surprising — shocking even — to learn that they receive virtually no formal support or protection from the state or any other organisation. They speak up at great personal risk and cost to themselves.

I discovered this to my horror when I blew the whistle on Bain & Co in 2019. Bain had formed an alliance with former president Jacob Zuma, former SA Revenue Service (Sars) commissioner Tom Moyane and others to repurpose state institutions, seemingly for private gain. The first we saw of this plan was the dismantling of Sars. When, as a former Bain SA partner, I went public with my knowledge, the company disconnected my phone and laptop, told me my medical aid would be cancelled in three days, and gave me three days’ notice to repay a large sum of money.

It also barred staff from communicating directly with me, starting a process of alienation and abandonment that would soon include business associates and friends.

Then I received e-mails pointing out my “legal obligations”, reminders of my “ethical obligations” and demands that I delete documents — and phone calls indicating the company lawyers would not look kindly on any breach of confidentiality.

I quickly realised I needed legal help. Only, there was little to be found.

Lawyers and law firms claimed to be either too busy or conflicted, as some of the 39 parties I implicated numbered among their clients. Social justice NGOs, on the other hand, lacked the resources or expertise to assist.

With legal and financial worries combining with fear for my physical safety, my stress levels reached dangerous levels. My physical and mental health suffered severely, exactly at the time I needed to keep my wits about me. With no income and no medical aid, I seemed headed for a downward spiral.

That’s when I discovered there was no number to call for help. There was nowhere to go to help me understand my rights or the risks I faced. There was no service to help me organise and submit my evidence and affidavits to the authorities.

It’s an experience repeated for virtually every whistle-blower in SA. In addition to the difficulties I experienced, some whistle-blowers are harassed and victimised at work, or sued by those whose criminal activities they reveal. Some face losing their homes or vehicles; some fear for their lives.

This is a gross failure on society’s part. Never mind rewarding whistleblowers — we don’t even offer them the support they need to share their evidence in the first place. We don’t do enough to ensure they don’t suffer undue harm, and that they can live decent lives. It’s like sending untrained, ill-equipped soldiers to war, then, when they return wounded, providing no support to help them recover.

Under these conditions, it is irresponsible to encourage whistle-blowing. As much as we need people to speak up, it is unethical of society to ask them to put themselves in danger without offering anything in return.

There are, however, actions we can take to turn this around.

First, we need to establish a whistle-blower support agency. Such an organisation could provide information both to those considering blowing the whistle and those who have already done so. It could inform them of their rights, and offer advice on how best to proceed and access help. It would serve as a single access point for all the services whistle-blowers might need, including counselling and legal support. In addition, it would have access to funds to help prop up whistle-blowers’ finances.

A time for bravery

Second, we need to amend the Protected Disclosures Act, the only legislation relevant to whistle-blowers at present. On this score, I’ve contributed to the proposals the Active Citizens Movement (ACM) have made to the Zondo commission.

The ACM’s recommendations include making provision for a specialised court for whistle-blowing cases, preferably to function within the ambit of the Equality Court; introducing fines and penalties for employers who are found guilty of harassment and intimidation of whistle-blowers; and providing for witness protection. Provision should also be made to cover whistle-blowers’ legal costs, using a portion of recovered funds.

In my closing remarks to the state capture commission, I said we need to move from the “era of the bully”, dominated by fear and a lack of accountability, to an “era of the brave”, where we are all willing to stand up for what is right and in the interests of our country. If we can’t all do this, the least we can do is support those, like whistle-blowers, who do. x

It’s like sending untrained, ill-equipped soldiers to war, then, when they return wounded, providing no support to help them recover