Mabini’s role in community activism and whistleblowing is well documented, and her protection as a whistleblower was warranted. The Commission is especially alarmed that whistleblowers, who may not necessarily be witnesses, are often left unprotected and without adequate support systems, making them highly vulnerable to victimization, intimidation, and other forms of retaliation.

The Commission will engage the South African Police Service (SAPS) to seek an explanation as to why Mabini was not afforded protection, if such protection was warranted, in accordance with Section 12(1)(c) of the Constitution of the Republic of South Africa, 1996, which guarantees the right to freedom and security of the person, including the right to be protected from violence. Furthermore, SAPS will be required to provide details of measures taken to uphold the Protected Disclosures Act, 26 of 2000, which provides legal protection for whistleblowers, as well as Section 185 of the Criminal Procedure Act, 51 of 1977, which empowers the authorities to take necessary steps to safeguard individuals whose safety is at risk due to their cooperation with law enforcement or exposure of wrongdoing. The Commission will also urge SAPS to expedite investigations into her murder and to ensure that this matter is treated with the urgency and seriousness it deserves.

The Commission will seek to work with the National Anti-Corruption Advisory Council, which co-hosted a conference on ‘Strengthening Whistleblower Protections’ this week in Cape Town, to consider tangible ways to afford whistleblowers the necessary protections, including financial security.

This aligns with the South African Human Rights Commission’s constitutional mandate, as set out in Section 184 of the Constitution of the Republic of South Africa, 1996. The Commission is specifically tasked with promoting, protecting, and monitoring the observance of human rights in the country.

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