MEDIA STATEMENT
FOR IMMEDIATE RELEASE
Disgraced Detective Michael Pule Tau and the Failure of Our Criminal Justice System to Protect Whistleblowers and Society
Johannesburg, Wednesday, 25 September 2024 – Public Interest SA is gravely concerned by the re-arrest of former detective Michael Pule Tau, who has been implicated in the botched assassination of an ostensible whistleblower and the mistaken assassination of innocent South Africans, including the tragic murder of Vereeniging engineer, Armand Swart. This case is not only shocking but reveals severe shortcomings in the South African judicial system, which is failing to safeguard society from those like Tau, who pose a clear and present danger to both whistleblowers and innocent citizens alike.
Tau’s alleged involvement in a contract killing aimed at silencing whistleblowers—following the exposure of gross corruption at Transnet—is emblematic of the systemic rot that has permeated our law enforcement agencies. It is deeply concerning that a former police officer, entrusted to uphold the law, is now accused of orchestrating killings to prevent the truth from being revealed.
The magistrate who granted Tau bail, despite the weight of evidence and the severity of the charges, must be held to account. Magistrate Chris Kruger's decision to release Tau on R10,000 bail, placing him under "house arrest," was not only reckless but borders on complicity. Tau’s blatant violation of his bail conditions underscores the danger of treating such individuals with leniency.
We ask: how many more South Africans must perish before the courts and the prosecuting authority take a firm stand against these egregious acts of violence?
The release of dangerous criminals like Tau, who have resources and intent to obliterate witnesses, is a betrayal of justice and a mockery of the victims who have died fighting for integrity, including whistleblowers like Jimmy Mohlala, Babita Deokaran, and Marumo Phenya. That such high-profile, accused assassins could be freed on such lenient terms erodes public confidence in the judiciary and sends a message that whistleblowers’ lives are expendable.
No, Whistleblowers Matter!
Tau’s ability to remain at large until his re-arrest, despite violating his bail conditions, is an indictment on our justice system, as well as on the National Prosecuting Authority (NPA). The NPA's failure to vigorously oppose bail for such a dangerous individual is inexplicable and demonstrates gross incompetence. The public’s trust in the criminal justice system continues to erode as it becomes evident that those tasked with prosecuting criminals are incapable of acting with the necessary rigour and urgency.
Transnet, an institution that has been ravaged by state capture, now finds itself in an even more precarious situation as senior police officials, meant to uphold the law, are actively working against whistleblowers attempting to uncover corruption. It is unfathomable that the very officers meant to protect the public could become the architects of such heinous crimes.
Public Interest SA demands that:
Judicial Accountability: Magistrate Chris Kruger must explain why an accused contract killer, involved in the systematic elimination of whistleblowers, was granted bail under such lenient conditions. There must be a judicial inquiry into this egregious miscarriage of justice.
NPA Scrutiny: The NPA must be held to account for its failures in opposing Tau’s bail. In cases involving such serious allegations, we expect thorough and uncompromising diligence in preventing the release of dangerous individuals back into society.
Protection for Whistleblowers and Witnesses: Our justice system must prioritise the protection of whistleblowers, witnesses, and their families. It is high time whistleblowers and witnesses are granted the protection they deserve, ensuring their safety in the face of criminal threats. Witness protection must be provided even before matters are enrolled for prosecution.
Law Enforcement Reform: Law enforcement agencies must urgently root out corrupt elements within their ranks, who actively work against the public interest. The complicity of law enforcement officials in enabling crimes such as these demands a thorough investigation and decisive action.
Criminal Procedure Act Reforms: We call on the government and legislature to urgently reform the relevant Acts to ensure that bail is not granted lightly in cases involving heinous crimes. Consideration must be given to amending the Constitution to mandate the automatic denial of bail for certain serious offenses, preventing perpetrators from evading justice and continuing their reign of terror. Such reforms are critical to curbing the persistence of violent, wanton crimes and ensuring public safety.
In conclusion, Tau’s actions and the judicial system’s response have exposed the fragility of our justice system in protecting whistleblowers and society from criminal networks. Until this is corrected, whistleblowers will remain vulnerable, and our country’s path to justice and accountability will continue to falter.
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For media inquiries:**
Public Interest SA
Bagaetsho Oteng
Phone: +27 10 005 5884
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Issued on behalf of Public Interest SA
Date: 25 September 2024
Image: News24
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