Public Protector Adv Kholeka Gcaleka is considering action after an anonymous whistleblower’s identity was exposed at a community meeting in North West, with her office saying it has noted the provincial government’s mishandling of the confidential referral and escalated the matter to her.
The development comes after Sunday World questioned the watchdog over the handling of a complaint lodged anonymously out of fear of reprisals against a powerful local traditional authority. In its response, the public protector said it had “noted the mishandling of this matter by the MEC”, referring to the North West MEC for Cooperative Governance, Human Settlements and Traditional Affairs (Coghsta), Saliva Molapisi.
Sunday World understands that the affected whistleblower is taking legal advice on the role of the traditional leader, Kgosi Charles Moshoette, Molapisi and the public protector’s office.
Public protector spokesperson Ndili Msoki said the office had consulted the whistleblower on Thursday and was determining the appropriate course of action.
He added that, following the publication’s enquiry, “the matter has also been escalated to the Public Protector, Adv Kholeka Gcaleka, for her consideration.”
He said the office received the complaint at its North West provincial office in March and, after assessment, decided the matter would be more appropriately dealt with through an intervention facilitated by Coghsta in terms of the Public Protector Act.
The complaint concerns allegations that Moshoette, who leads the Barolong boo Seitshiro Traditional Council in Khunwana near Delarayville, obstructed mining company Sefala Investment from accessing communal land despite the company having been granted a prospecting right by the Department of Mineral Resources and Energy.
According to evidence seen by Sunday World, the complainant requested anonymity because they feared reprisals as they lived under the authority of the traditional council.However, at a community meeting last week, correspondence originating from the public protector’s office was allegedly read aloud, together with the complainant’s name and contact details.
The public protector denied disclosing the information or authorising anyone else to do so.
Msoki said the rules require the office to exercise reasonable care when disclosing information relating to complainants and insisted it had taken reasonable steps to safeguard the complainant’s.
“The MEC, as the organ of state to which the matter was referred … bears a corresponding responsibility to protect the confidentiality of the complainant’s identity and personal information,” the response states.
The office said this responsibility comes from section 181(3) of the Constitution, which requires government bodies to help and protect Chapter Nine institutions, as well as their general duty to keep confidential information safe.
The referral to Molapisi described the complainant as an “anonymous source” and recorded that the matter should be treated anonymously.
The incident also comes as the government is considering stronger statutory protection for whistleblowers through the draft Protected Disclosures Bill.
The proposed legislation would prohibit the disclosure of information capable of identifying a whistleblower without written consent and create criminal penalties of up to 10 years imprisonment for unlawful disclosure.
Moshoette and Molapisi did not respond to questions
- Public Protector Adv Kholeka Gcaleka is considering action after an anonymous whistleblower's identity was exposed at a community meeting in North West, with the matter escalated due to the provincial government's mishandling.
- The whistleblower had reported that traditional leader Kgosi Charles Moshoette obstructed mining company Sefala Investment from accessing communal land despite official prospecting rights.
- The public protector’s office received the complaint in March, deciding it should be handled through an intervention by the North West MEC for Cooperative Governance, Saliva Molapisi, but confidentiality was breached during a community meeting.
- The public protector denies disclosing the whistleblower’s identity and says the MEC bore responsibility for protecting confidentiality, citing constitutional and legal obligations to shield complainants.
- This incident highlights ongoing concerns about whistleblower protection in South Africa, coinciding with government consideration of the draft Protected Disclosures Bill, which would impose criminal penalties for unlawful disclosure of whistleblower identities.
