The government should not be blamed for anything that happens to witnesses appearing before courts or commissions of inquiry if they decline state protection.
Khumbudzo Ntshavheni, the minister in the Presidency responsible for state security, who is also the spokesperson for President Cyril Ramaphosa, made this assertion this on Wednesday.
Responding to questions during a media briefing on the outcomes of the cabinet’s last meeting for the year held on December 5, Ntshavheni closed ranks around her justice colleague Mmamoloko Kubayi. Kubayi came under fire this week from several parties such as the DA and Bosa, after stating on Saturday that Madlanga commission’s “Witness D” had declined state protection, after he was gunned down in front of his Brakpan home last Friday night.
Marius van der Merwe had previously delivered damning testimony before the Madlanga commission in September, including implicating current Ekurhuleni metro police chief Julius Mkhwanazi in a murder cover-up. Mkhwanazi was himself in the Madlanga commission hot seat last week.
Ntshavheni told journalists attending the post-cabinet briefing that the government’s hands were tied if witnesses at commissions of inquiry or even in court declined to be protected by the state security apparatus. She also cautioned against speculation over the assassination of Witness D.
“We are making a lot of assumptions. The police are still investigating, so we do not know whether Witness D was killed because of the evidence he provided to the Madlanga commission,” she said.
If I may remind South Africa and the media in particular, the majority of you were saying the establishment of the Madlanga commission was a waste of money and time. It’s wrong labels that you are putting
— Khumbudzo Ntshavheni, minister in the Presidency
“In any case, the minister of justice and constitutional development has come out to the public and clarified that the department of justice, which is responsible for witness protection, had offered Witness D protection services and he declined such an offer.
“So if witnesses decline offers, why do we want to criticise the witness protection services? Of course, the witness protection service will never be perfect — but it’s work of continuous improvement. As witnesses are identified, threats and risk also get identified. So the system gets improved.”
Ntshavheni added that the Madlanga commission probing allegations of criminal, corruption and political interference in the criminal justice system was in the process of deciding how to ramp up its security arrangements. This follows their meeting at the weekend with NatJoints, the government’s lead structure in the management of security and law enforcement operations in the country.
The former minister of communications also rejected the notion that South Africa was now a “mafia state”.
“Why would South Africa be a mafia state? We run ahead of ourselves and put terms and labels before we consider the facts,” she said. “We are in the Madlanga commission because there were concerns that were raised by [KZN police commissioner Lt-] Gen [Nhlanhla] Mkhwanazi and the president established a commission.
“If I may remind South Africa and the media in particular, the majority of you were saying the establishment of the Madlanga commission was a waste of money and time. It’s wrong labels that you are putting.
“Let’s allow the commission to put its reports. They said they will release their preliminary report on December 17, let’s give them space to release that report and government will comment when there has been a preliminary report released by the commission.”
TimesLIVE
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