Kubayi Criticized for Shifting Blame to Media in Wake of Witness Assassination

Key Takeaways:

• Justice and constitutional development minister Mmamoloko Kubayi has faced backlash for suggesting that the live broadcast of Marius van der Merwe’s testimony at the Madlanga commission of inquiry may have led to his murder.
• Van der Merwe, a whistle-blower and former Ekurhuleni Metro Police Department officer, was murdered outside his home on December 5, shortly after his testimony.
• Kubayi’s comments have been criticized for implying that public broadcasting of testimonies is the primary cause of witness killings, rather than the lack of protection for witnesses.
• Critics argue that whistle-blowers are often killed due to corruption and impunity, rather than their appearance on public platforms.
• The minister’s suggestion to end public broadcasting of proceedings has been met with opposition, with many arguing that it would undermine transparency and accountability.

Introduction to the Controversy
The recent murder of Marius van der Merwe, a witness at the Madlanga commission of inquiry, has sparked a heated debate about the safety of whistle-blowers in South Africa. Justice and constitutional development minister Mmamoloko Kubayi has faced backlash for suggesting that the live broadcast of Van der Merwe’s testimony may have contributed to his killing. Despite Van der Merwe’s identity not being disclosed to the public at the time of the broadcast, Kubayi expressed concern that the public knew he was the one who had been fatally shot before it was officially announced. This has led to widespread criticism, with many arguing that the minister’s comments are misplaced and that the lack of protection for witnesses is the core problem.

The Minister’s Comments
Kubayi’s comments were made during a media briefing, where she suggested that the live broadcast of Van der Merwe’s testimony could have led to his fatal attack. She stated that the reason for proposing in-camera testimony was to minimize risks to witnesses, and that the public broadcast of proceedings may have put Van der Merwe’s life in danger. Kubayi also expressed concern that the media and social media were able to identify Van der Merwe as the witness who had been killed, despite his identity not being publicly disclosed. However, her comments have been widely criticized, with many arguing that they are simplistic and fail to address the underlying issues of corruption and impunity that lead to witness killings.

Criticism and Backlash
The minister’s comments have been met with widespread criticism, with many arguing that they are misguided and fail to address the root causes of witness killings. ActionSA national chairperson Michael Beaumont slammed Kubayi’s suggestion, stating that it is "absolutely pathetic" and that the killing of whistle-blowers is often carried out by "politically connected thugs" who do not need a public platform to know when their interests are threatened. Veteran broadcaster Redi Tlhabi also questioned the minister’s reaction, emphasizing that the killing of whistle-blowers is a complex issue that requires a more nuanced approach. Many others have also expressed their disagreement with Kubayi’s comments, arguing that the lack of protection for witnesses is the primary cause of their killings, rather than their appearance on public platforms.

The Broader Context
The killing of Marius van der Merwe is not an isolated incident, and there have been several other cases of whistle-blowers being murdered in South Africa. Babita Deokaran, a former acting chief financial officer at the Gauteng department of health, was assassinated in August 2021 after uncovering extensive corruption within her department. Her murder highlights the risks that whistle-blowers face, and the need for greater protection and support. The case of Van der Merwe and other murdered whistle-blowers has sparked a national conversation about the need for greater accountability and transparency in government and public institutions.

Conclusion and Recommendations
In conclusion, the killing of Marius van der Merwe has highlighted the need for greater protection and support for whistle-blowers in South Africa. While the minister’s comments have been widely criticized, they have also sparked a necessary conversation about the need for greater accountability and transparency in government and public institutions. To address the issue of witness killings, it is essential to provide greater protection and support for whistle-blowers, including witness protection programs and other forms of assistance. Additionally, there is a need for greater accountability and transparency in government and public institutions, including the implementation of measures to prevent corruption and impunity. Ultimately, the killing of Marius van der Merwe and other whistle-blowers is a tragic reminder of the need for greater action to protect those who risk their lives to expose corruption and wrongdoing.