Q&A with deputy justice minister John Jeffery

A Western Cape High Court judgment has flagged the murder of state witnesses, and another whistle-blower has been assassinated. Chris Barron asked deputy minister of justice John Jeffery ...

Why aren’t you doing more to protect section 204 state witnesses?

We have a witness protection programme which takes care of witnesses, relocates them and hides them effectively from society. But they have to agree to go into that, and they can’t have any further contact with family members or friends or go where they used to go. So many don’t want to go on that.

Is this why so many have been and are being murdered?

I would assume so.

Can you think of any reason, apart from inconvenience, why witnesses don’t want to go on the programme?

The conditions are quite onerous.

Could it be they don’t trust the police not to betray their whereabouts?

I doubt that because nobody has been killed on the witness protection programme except one person who left her safe house to visit her boyfriend and got killed there.

Don’t you think those who avoid the programme do so because they know the police are in with the gangs they’re giving evidence against?

The witness protection programme is not run by the police, it’s run by the National Prosecuting Authority. But the continued murder of witnesses is something we’re extremely concerned about, and we’re looking at what improvements need to be made to the Witness Protection Act, and other issues of providing protection to witnesses in criminal cases.

Including whistle-blowers?

The witness protection programme is for witnesses. Sometimes whistle-blowers are not actually witnesses who will lead evidence in court. But we are looking at how to improve the protection offered to both whistle-blowers and witnesses.

Whistle-blowers are in effect state witnesses, aren’t they?

It would depend on whether they’re going to be used in court.

Even if they aren’t, they have evidence that is key to exposing state corruption, surely?

That is why we’re also looking at improving their protection.

Shouldn’t you have done this some time ago?

We’ve begun amending the Protected Disclosures Act, but it’s obviously something we continuously need to look at improving.

Has much progress been made since the assassination of Babita Deokaran more than a year ago?

Obviously each case needs to be considered on its circumstances and its merits.

Were the merits of recently assassinated Marumo Phenya’s case considered after he blew the whistle on tender corruption in the department of home affairs?

I’m not aware.

Should you be doing more to encourage whistle-blowers?

Yes, we need to encourage people who have knowledge of corruption to come forward, and we need to do our utmost to ensure their protection.

What have you actually done to encourage them to come forward?

As I said, we’re looking at amending the Protected Disclosures Act and the Witness Protection Act. I think the deadline is the end of April next year.

Should your protection extend to public prosecutors who guide investigations of organised crime?

There is protection given to them already.

So why, according to last month’s high court judgment, are they being intimidated and threatened?

We’re aware of that, and that’s why prosecutors in these kinds of cases should be given protection.