A week ago, Muzi Sikhakhane, SC, had his private office at his residence ransacked by thugs who made off with his electronic devices — key tools of his trade as a lawyer.
Sikhakhane has a special place in the heart of South Africa’s democracy. As a young activist, he dedicated much of his youth to the struggle against apartheid. He continued his contributions after the dawn of democracy, when he worked for Tokyo Sexwale, Gauteng’s first postapartheid premier, before pursuing a law career.
Sikhakhane rose to become one of the country’s most respected silks. Unlike many of his peers, who joined the judiciary, he remained in practice as an advocate.
When the late Oupa Magashula, former commissioner of the SA Revenue Service (Sars), found himself in a spot of bother, Sars appointed Sikhakhane to gather the facts. This led to Magashula leaving his job.
When allegations surfaced that suggested Sars had irregularly set up an intelligence-gathering unit, it turned to Sikhakhane to probe the matter. His report, which found the allegation to be true, made him unpopular. This was before the advent of state capture.
The backlash against his report forced him and his family to leave the country.
He has represented a galaxy of characters, including state and nonstate actors. Most recently, his clients have included former president Jacob Zuma and former spy boss Arthur Fraser.
Fraser is the man who laid a criminal charge against President Cyril Ramaphosa. He alleged that Ramaphosa’s private Phala Phala game farm was robbed of US dollars, and, subsequently, there was a cover-up, including the roughing up of witnesses.
The Phala Phala matter is behind the Constitutional Court judgment that asked parliament to set up an impeachment committee to investigate the matter further.
It’s too soon to tell exactly what the motive was behind the robbery. Still, it is concerning that his devices were taken. This has to be condemned in the strongest possible terms.
Like other professionals such as journalists, prosecutors, magistrates and judges, lawyers have a special place in our rule of law ecosystem.
The police need to leave no stone unturned in catching those behind the robbery.
This country is perilously close to a situation where crime against professionals doing their jobs is normalised.
The media is littered with cases of professionals being killed to hide criminality. An innocent engineer was taken out in a cruel case of mistaken identity.
Gauteng government health official Babita Deokaran was shot execution-style for questioning invoices at Tembisa Hospital, the scene of grand-scale looting.
An Ekurhuleni forensic auditor was shot dead for doing his job.
A Sars investigator survived an attempt on her life while doing her job.
These are among the most high-profile cases we know about. Many more are footnoted.
This cannot be tolerated if our democracy, anchored in respect for the rule of law, is to succeed.
The new whistleblowing law, offering enhanced protection for whistleblowers, is a start. Effective implementation is the next step.
Professional bodies, including civil society, need to set up “neighbourhood watches” to ensure professionals are able to do their jobs without fear, favour and prejudice.
Equally, those suspected of heinous crimes against the state and society, including corruption, have the right to fair justice. This includes the right to be represented by competent lawyers.
It will be a sad day when lawyers are afraid of taking cases for fear of reprisals.
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