The perils of being a whistle-blower: Chelle Waters

South Africa is at a critical juncture, grappling with widespread corruption and fraud that threaten our nation’s future. Brave whistle-blowers like Bradley Conradie, Sarah Burger, and Mzukisi Makatse risk their lives and livelihoods to expose the truth, yet face severe retaliation instead of protection. Their courage highlights a dire need for corporate South Africa to unite, stand up against corruption, and support these heroes. It’s time for businesses to break the silence, loudly advocate for justice, and ensure that those fighting for our nation’s integrity are safeguarded. The power to change our future lies in a collective roar against corruption.

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By Chelle Waters

Let’s face it, South Africa, we’re in rough waters. Many businesses are sinking, people are drowning in hardship, and the dream of a secure future seems light years away. We yearn for stability yet fraud and corruption, like a monstrous kraken, tighten their grip with each passing day as more and more examples on all levels are revealed, seemingly with no recourse. Promises of a gleaming future come with every election cycle, only to be dashed against the harsh reality – change sometimes seems like a distant mirage. Yet, the South African spirit endures. We are a people forged in resilience, and hope for a brighter future remains. This is our beautiful land that we love so dearly, and we will not give up on its promise.

Amidst all of the challenges we face, a question remains: who in corporate SA is ready to take a stand against fraud and corruption? We need leaders. We need businesses willing to speak up, collaborate, and push for real change. It’s time to break the silence and rewrite the narrative for our country.

Strength in numbers

We need a chorus of truth, not isolated whispers. Where are the brave companies, the courageous individuals willing to stand up, expose the decay, and fight back? Consider the brave whistle-blower who alerted Deloittes to problems with Steinhoff’s financial accounts. These are few and far between for obvious reasons but we can break the silence together. The power lies in numbers – in a united front against this pervasive disease.

The Zondo Commission, established in January 2018, spoke of how greater protection is needed for whistle-blowers. Whistle-blowers exposing state capture and corporate greed are left facing a chilling truth: doing the right thing comes at a life-threatening cost. They risk retaliation, not only from the criminals they expose, but from those sworn to uphold the law. Where’s the justice in a system that silences the very voices fighting for its survival?

A recent example of admirable whistle-blowers is Bradley Conradie and Sarah Burger who have made a stand in the face of great and daunting adversity. Conradie, owner of BCHC Attorneys, and Burger, a director at Horizon Forensics, have endured an unimaginable time following their investigations into the University of Fort Hare, a client of both firms since 2018. Working tirelessly to uncover substantial fraud and corruption, both have been treated shockingly badly, suffered great trauma and put their lives at risk all in the name of ‘doing the right thing’ and having the strength and integrity to stand up and speak out. And they continue to do so, not only to clear their own names but also due to their belief in the work they do, and that the truth needs to prevail for a better South Africa.

What is most discouraging is not the expected response from certain fraudsters and those involved in these matters but the silence of corporate South Africa. Fortunately for Conradie and Burger many have sent positive messages and been highly supportive, never wavering in their belief in Conradie and Burger’s integrity. But most have done this quietly. Worse are the ones that have walked away. Perhaps more out of fear than anything else but here’s the thing, if everyone walks away from the truth, how will it ever change? And then there are those law firms who have attempted to lure staff away during this incredibly challenging and frightful time. That their focus would be on this rather than standing in unity against fraud and corruption is, in my view, appalling.

I don’t deny that when it comes to being a whistle-blower and standing up in South Africa it can be extremely scary. It is a dangerous place to be a whistle-blower. When seeing what Conradie and Burger have been through, from an assassination attempt, thrown in a jail with hardened criminals, denied access to a lawyer and being denied medical attention in terms of a court order. It is obvious that it takes exceptional bravery to do anything.

Consider Mzukisi Makatse, the attorney who first blew the whistle on corruption at the National Lotteries Commission and who lost everything because of it. He understandably speaks of pride in being vindicated by the Special Investigating Unit (SIU) probe that eventually uncovered R1,4 billion in corrupt dealings and now has the National Prosecuting Authority (NPA) going after the looters. But at what cost to him? Makatse was awarded the international Blueprint Africa Whistleblowing Prize which is, of course, a wonderful acknowledgement but again, what Makatse lost in getting to that point is devastating. It takes such bravery which is wrong in itself. Whistle-blowers should be protected from the get-go.

President Cyril Ramaphosa said in response to The Report of the Commission of Inquiry into Allegations of State Capture, Corruption and Fraud (press statement 22 June 2022) that “Whistle-blowers need to be encouraged to report instances of fraud and corruption and need to be protected from victimisation, prejudice, or harm.” And yet it is a fact that Conradie and Burger uncovered substantial cases of serious fraud at the University of Fort Hare and as a result have had no protection but instead have suffered great harm by the very people who are supposed to protect them.

The Human Rights Commission Whistle-Blowers booklet states that “it is essential that whistle-blowers are protected, supported and a conducive environment is created to encourage more people to act as whistle-blowers.” And shares an impressive list of legal Acts that should offer this protection and yet are they really effective? Why should corporates and individuals feel confident enough to speak out when the laws and those people in power offer zero security for those doing the right thing? And so, sadly, we can’t look to these options for safeguarding but rather have to take matters into our own hands and do something together, unified in our belief that we can make a powerful difference as one.

Fortunately we now live in a world where the media can help dramatically in spreading the word. An article written in the Daily Maverick on the University of Fort Hare story and Conradie and Burger’s experience had 95000 reads in one day. A BizNews interview had 25k views on the first day. Most I have spoken to have commented on how brave and admirable they are. But telling me or them, while appreciated, is not going to make a difference. Telling everyone will. As individuals we can help by sharing news, commenting, and making our opinions heard. As corporates we can and should do so much more which takes us back to ‘where is corporate SA’? What is it collectively doing to name and shame, to be unapologetic and loud in its belief that things need to change? Where is the corporate SA that asks the right questions and doesn’t accept silence or fearmongering as an answer? Who shouts from the rooftops that this cannot continue? Who takes a stand loudly and proudly with those individuals and few companies who are bravely doing the right thing? And why are there corporates that will take their work away from whistle-blowers instead of showing their support in the face of extensive fraud and corruption?

It has never been more important than now for corporate SA to step up and fight corruption loudly and, equally and importantly, to stand together and support those that have already been brave enough to do so. We need a collective roar against corruption, not the quiet shuffling of those who choose comfort over courage.