The Department of Justice and Constitutional Development is reviewing South Africa’s whistleblower protection legislation, a move that will result in a new Comprehensive Whistleblower Protection Framework. This initiative comes amid mounting criticism that existing laws fail to safeguard those who expose corruption, often with devastating personal consequences.
Despite constitutional provisions and laws like the Protected Disclosures Act and the Protection Against Harassment Act, whistleblowers continue to face extreme risks. The urgent need for reform was starkly highlighted during a television interview with Dorothy Mmushi, a forensic investigator and whistleblower who detailed her traumatic experience after uncovering fraud at Eskom.
Mmushi, the Director of Seekers Finders Forensics, stated that the current legislation is “inadequate” and does not adequately protect individuals, particularly those who blow the whistle as part of their “fiduciary duties,” such as forensic investigators and auditors.
“When you end up blowing the whistle as a result of your fiduciary duty, it doesn’t elaborate how you will be protected from potential occupational detriment,” Mmushi explained. She confirmed that at a recent whistleblowing summit, a deputy national commissioner from the Department of Justice acknowledged the need for review.
However, Mmushi’s personal story illustrates the profound gap between policy and reality. While investigating “widespread fraud” in Eskom’s procurement system—including suppliers invoicing millions for non-existent equipment—she began receiving death threats.
She reported the threats to her superiors, only to discover that they were involved in a plot against her. “Those individuals were then involved in hiring a hitman to have me assassinated,” Mmushi revealed.
Her ordeal included an irregular suspension from work, an attempted assassination, and an unlawful arrest by the South African Police Service (SAPS). She identified the alleged hitman and provided this information to the SAPS, but she claims no action was taken.
“The hitman that was supposed to have assassinated me was identified. I assisted the police… and they never had him arrested,” she said. The individual was later arrested for a separate heist and, after being released on bail, allegedly assassinated a police officer in Mpumalanga.
Mmushi also reported a complete lack of accountability for the massive fraud she uncovered at Eskom, with the implicated suppliers allegedly never blocked from doing business with the state-owned entity. She revealed that the senior manager she reported to, who was implicated in the assassination attempt, is now employed in another municipality.
The forensic investigator described the long-term consequences of whistleblowing, including becoming “unemployable” due to being stigmatized as a “troublemaker,” as well as suffering financial, emotional, and psychological harm.
When asked how to encourage people to come forward given such risks, Mmushi emphasized the need for regulatory reforms and a cultural shift that recognizes and encourages whistleblowing. She also pointed to a need for leadership from the highest levels.
“Our politicians should be the ones who are at the forefront of encouraging whistleblowing… Instead, they are the very same people that oppress whistleblowers and do nothing to assist them,” she stated.
Despite her experiences, Mmushi continues to advocate for whistleblowing, which she calls “pivotal” in solving crime. Her primary advice to potential whistleblowers is to remain anonymous if possible.
“The repercussions of being a whistleblower are quite dire… it’s not for the weak,” she concluded. “I’ve been resilient and I still stand by my word. I will find justice.”
