It is disturbing that public servants who blow the whistle on corruption, maladministration and other abuses risk being fired and sued, the Freedom of Expression Institute (FXI) said on Friday.
Further evidence of this trend is provided by a defamation suit filed recently by Correctional Services Minister Ngconde Balfour, it said.
Balfour is claiming R500 000 in compensation for damage to his ”reputation and good name” resulting from the publication of statements by Dr Paul Theron that were critical of the suspension of Pollsmoor Prison’s senior nurse, Andries Slinger.
Balfour alleges that the statements by Theron were made with the intention to defame Balfour’s reputation and cause him public embarrassment.
Theron apparently said: ”It is common knowledge that the instruction for the suspension of Mr Slinger came from head office and ultimately from the office of the minister, Mr Balfour … that Mr Slinger has been the scapegoat to reduce the impact of the visit by members of the parliamentary portfolio committee and the press reports that followed that visit … that the Department of Correctional Services should move away from defensive reaction and cover-up”.
Theron has not yet filed his defence to the claims, but he has been suspended by the Health Department and faces a disciplinary hearing on charges relating to his alleged whistle-blowing activities, the FXI said.
The media have reported widely on the deteriorating conditions at Pollsmoor Prison. A visit by the committee in May found that the prison suffered from extreme overcrowding, shortage of medical personnel and a lack of adequate medical supplies and equipment.
Since Theron’s suspension, the entire prison population of 7 000 inmates has apparently been left with only three doctors, and his former section of about 1 600 juveniles, Medium A, without a single physician.
Different case
”Yet the case of Dr Theron is most worrisome in the way that it differs from some of the recent, high-profile cases originating in the Department of Health,” said the FXI.
Theron followed certain internal processes to raise his concerns, without first ”running to the media”. Last year, Dr Costa Gaza won his whistleblower case against the health minister even when he made statements directly to the media criticising her.
Theron did not launch a surprise, media-friendly visit to Frere hospital like former deputy health minister Nozizwe Madlala-Routledge, who was fired by President Thabo Mbeki two weeks ago for her ”inability to work as part of a collective”.
”Thus, the FXI remains highly disturbed by the state of free speech in the public sector. The ‘acceptable’ ways of voicing one’s concerns seem consistently ignored, and the moment that public servants begin to be truly heard, they are victimised or criminalised.”
The disciplinary charges against Theron are virtually identical to those against Dr Nokuzola Ntshona, suspended last week for ”prejudicing the administration, discipline or efficiency of the department” after speaking to the media regarding conditions at Cecilia Makiwane Hospital.
”Yet, in both cases, the FXI suspects that both are simply being pursued for bringing unpleasant truths to light for the public interest,” it said. — Sapa