Freedom Under Law (FUL) is gravely concerned by the assassination of lawyer Bouwer Van Niekerk. According to media reports, van Niekerk was murdered in his office on 5 September. His killing appears to be linked to his work on a major insolvency case relating to an alleged Ponzi scheme. Reports indicate that he had been subject to threats to force him to resign from working on the case, shortly before his death.
The killing is the latest in an alarming trend where lawyers, investigators, and whistleblowers have been assassinated in what can only be seen as concerted efforts to intimidate and prevent others from exposing criminal behaviour. The high-profile murders of Babita Deokoran and Cloete and Thomas Murray are well known, but there are many other examples of assassinations that clearly target individuals working to counter corruption and criminality.
This pattern of killings is extremely troubling and must be regarded as nothing less than a crisis. FUL has previously noted the immense damage that such events cause to the rule of law and the very fabric of our constitutional democracy. Targeted killings such as these are designed to ensure impunity and to protect those involved in corruption and criminal activities. This cannot be allowed to happen if our society is to be at all safe and functional.
The chilling effect if lawyers, prosecutors, and others who work to combat crime and corruption cannot do their work without putting their lives at risk, is clear. If violence can be used to manipulate the legal process, the very fabric of the rule of law and our constitutional framework is threatened.
FULL calls on law enforcement authorities to act swiftly to ensure that the perpetrators of these acts are brought to justice. This must include not only those who carry out the killings, but also those involved in ordering and planning the killings. We further call upon government to take active steps to increase protections for whistleblowers. Failure to take decisive steps to ensure accountability for these crimes will further undermine the rule of law and the very basis of our legal system. South Africa cannot afford that to happen.
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