Corruption and contract killings have become industries in SA, says Hendrik du Toit, CEO of Ninety One, the country ’s largest asset manager, as he warns the authorities to rein in crime or risk capital flight as the rule of law wanes.
Du Toit, who presides over a group managing about R3.3-trillion in assets, was reacting to the callous murder of insolvency lawyer Bouwer van Niekerk on Friday in his Johannesburg office. He is the latest business rescue expert to be slain after the double murders of insolvency practitioners Cloete Murray and his son, Thomas, two years ago — in a yet-to-be-solved hit.
“We cannot and we should not remain silent on this crisis. Neither should our leaders be indecisive on the course of action we need to follow to stop this rot,” he told Business Day.
“Our law enforcement agencies are in a woeful state, but to date, our judicial system has held firm. For how long can it withstand the combination of lawlessness and the lack of urgency from the government to reform our law enforcement agencies?” he said.
“When the legal establishment is fear-struck or corrupted, the rule of law collapses. Without the rule of law, commerce as we know it cannot operate. That means capital flight, job losses and the risk of social instability.”
High-profile cases and threats
At the time of his killing, Van Niekerk was receiving death threats related to his work. One of the standout cases he was working on was the business rescue of NTC Global Trade Fund, a firm suspected of being party to Ponzi scheme activities.
NTC sole director Edwin Letopa has played hardball with the business rescue practitioners, denying them management control of the firm.
We cannot and we should not remain silent on this crisis. Neither should our leaders be indecisive on the course of action we need to follow to stop this rot.
The brazen slaying of Van Niekerk in his office on Friday seems to have worked in getting his colleagues to step away from following NTC’s money, allegedly siphoned from an unsuspecting public.
High-profile insolvency expert Kurt Robert Knoop quit as NTC rescue practitioner just hours after Van Niekerk was gunned down. His resignation letter indicates he and Van Niekerk had received death threats related to their NTC work.
Letopa has distanced himself from Van Niekerk’s murder, claiming his life has also come under threat.
Van Niekerk’s murder is part of a worrying trend in SA of forensic investigators, auditors and whistle-blowers being assassinated with little legal repercussion.
Call for leadership and reform
“Now is the time for SA to hold its leaders to account and demand action. South Africans deserve a better life. To achieve this, we need economic growth. Without law and order, this will not materialise. In this country it starts with decisive reform of our law enforcement agencies and the defence of our judicial system,” Du Toit said.
“If SA fails to ensure that there is high-level accountability for the murders of Bouwer van Niekerk, Babita Deokaran and Cloete and Thomas Murray — and myriads of other courageous whistle-blowers like them — we are not just failing them. We are failing this hard-won democracy. And we should never, ever accept that.”
Legal profession reacts
The legal profession has also taken umbrage at Van Niekerk’s killing, saying this and other attacks on legal professionals constitute a crisis, needing urgent attention.
“We are acutely conscious that mere condemnation is no longer enough,” the Johannesburg Society of Advocates said.
The society is calling for the attacks on legal professionals to be classified as priority crimes and for the establishment of a multi-agency task team to probe the crimes.
When the legal establishment is fear-struck or corrupted, the rule of law collapses. Without the rule of law, commerce as we know it cannot operate. That means capital flight, job losses and the risk of social instability.
Adding to SA’s dire crime situation are allegations that criminal syndicates have infiltrated law enforcement agencies, allegations that will be tested by the commission of inquiry set up by President Cyril Ramaphosa.
Du Toit said it was also concerning that the term of the national director of public prosecutions Shamila Batohi was about to expire without a clear succession process.
“The deputy, Rodney de Kock, passed away in January and his role remains unfilled. The term of the Asset Forfeiture Unit head, Ouma Rabaji-Rasethaba, is reportedly due to end this month — and, again, we have no idea who will replace her,” he said.
“SA has stepped back from the brink many times before. We can do it again. It is indeed our duty to speak up and mobilise our society to resist these negative trends. South Africans today have a duty to respect the sacrifice of the children of 1976 to rid this country of the yoke of apartheid.
“We have a duty to respect our democratic constitution, the product of the exceptional leadership of Nelson Mandela, FW de Klerk, Cyril Ramaphosa, Thabo Mbeki and others in the early ’90s. Decisive leadership can make a difference. The recent turnaround at Eskom under minister Kgosientsho Ramokgopa, chair Mteto Nyati and CEO Dan Marokane is a case in point.”
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.