Concerns are growing over the safety of whistleblowers in South Africa, where corruption continues to foster fear, intimidation, financial ruin and, in some cases, death. Those who expose wrongdoing often pay a heavy personal price, raising questions about whether sufficient protections exist for individuals risking their lives to hold the powerful accountable.
Advocate Paul Pretorius, Senior Counsel and legal expert, highlighted the issue in a recent discussion. He described the situation within a broader context of two parallel economies in the country: a standard state economy and a powerful illicit economy that operates through force, extortion and high levels of organised corruption across all sectors.
“If you break the rules of the standard economy, you face death,” Pretorius said. He pointed to the 2022 assassination of Babita Deokaran as a prominent example, noting that four years later, those who organised the hit have still not been brought to account. He emphasised that not only does the illicit economy engage in assassinations, kidnappings and extortion, but there is also insufficient accountability within state institutions.
South Africa fares poorly on international corruption indices, Pretorius noted. To combat corruption more effectively, he recommended strengthening institutions, adopting up-to-date technology, implementing lifestyle audits, and introducing tools such as unexplained wealth orders used in many Western countries and parts of Asia. These orders allow authorities to hold individuals accountable for wealth that cannot be explained relative to their known income.
Beyond law enforcement, which Pretorius described as lacking, he called for greater scrutiny of supervisory bodies. He referenced findings from the Madlanga Commission regarding law enforcement and questioned the effectiveness of state security agencies, crime intelligence, parliamentary committees and cabinet structures. “Why wasn’t it detected much earlier? Why do we need a Madlanga Commission that shouldn’t have arisen in the first place?” he asked.
The personal toll on whistleblowers and their families is severe, according to Pretorius. Fear of death, attrition, kidnapping and extortion affects not only the individuals but also their loved ones. Recent killings of municipal officials who testified before the Madlanga Commission have further discouraged others from coming forward. While some whistleblower organisations lobby for better protections, these efforts remain inadequate, he said.
Despite the risks, Pretorius affirmed that whistleblowing is essential. “Those people who’ve stood out have been very brave,” he stated, adding that the corruption situation at all levels is dire and action is needed to rescue the country from its economic challenges. He noted that the illicit economy, estimated by SARS Director General Dr Edward Kieswetter at between R800 billion and R1.2 trillion, diverts vast resources that could otherwise fund infrastructure such as 2,000 to 4,000 schools.
For potential whistleblowers seeking to report information safely, Pretorius advised first consulting an attorney to manage the disclosure, or approaching free legal services such as the Legal Resources Centre. He also mentioned ombudsmen, the Special Investigating Unit and other entities, noting that procedures vary by institution and should be followed under legal guidance to ensure proper protection. He cautioned against starting with Legal Aid due to potential delays in appointments.
Advocate Paul Pretorius previously served as lead evidence leader at the State Capture Commission and is currently a consultant to the National Prosecuting Authority’s investigating directorate.
