Durban - Civil society organisations have stressed the need for a retired judge to be appointed as an ombud for whistle-blowers to stem the rampant corruption in the country.

They cite the lack of adequate support for whistle-blowers, which has led to the crisis of corruption and state capture, as the reason there is an urgent need for a retired judge or a panel of retired judges to oversee the protection of whistle-blowers.

The threats against whistle-blowers can be seen in the attempted assassination of the vice-chancellor (VC)of the University of Fort Hare, Professor Sakhela Buhlungu, and the assassination of the VC’s bodyguard, Mboneli Vesele; the assassination of Gauteng health sector whistle-blower, Babita Deokaran; and the harassment of many others. Examples are Martha Ngoye from the Passenger Rail Agency of South African and the exile of Bain whistle-blower, Athol Williams.

Corruption Watch executive director Karam Singh said broadly speaking, the principle of an ombud for whistle-blowers would be consistent with positive steps in this anti-corruption space.

“We do not have a focal point within the state that whistle-blowers feel safe to go to. A designated ombud or panel who have an established track record to receive complaints and to protect the identities of those who are complaining would be ideal.”

Singh said the current environment was not conducive to those who want to “blow the whistle”.

“Whistle-blowers face serious safety concerns and suffer with anxiety over where to go to address their complaints,” he said.

David Bruce, an independent researcher and consultant at the Institute for Security Studies, said support for and protection of whistle-blowers must be strengthened.

“Past and present whistle-blowers should be consulted on the exact nature of the support that would be most important. This may include financial and legal support. Of critical importance is to determine the kind of institutional set-up required that might form the basis for support to whistle-blowers.”

Bruce said if whistle-blowers are in mortal danger, the critical issue concerns ensuring their physical safety.

“This is about ensuring an effective police response to threats against whistle-blowers and improving ‘witness protection’ programmes.

“Presumably, the role of an ombud is to address issues concerning victimisation and the unfair treatment of whistle-blowers. However, there is an argument that what is needed goes beyond the role that an ombud might play.”

He said that in August last year, the president appointed the National Anti-Corruption Advisory Council (NAAC).

“The key questions facing the NAAC concern what type of institutional framework South Africa should develop and maintain in order to ensure that corruption is addressed effectively. Support for and protection of whistle-blowers will hopefully be one of the key questions that the NAAC gives attention to.”

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