Cape Town - Security experts and witnesses who are in the witness protection programme have called on the government and the National Prosecuting Authority to create an elite and specialised unit to secure the safety and lifestyle of valuable witnesses.
Witnesses are either killed before they can take the stand or they are left to fend for themselves, eating leftovers meant for prisoners.
They have now called on authorities to create an elite law enforcement unit which could relocate vital witnesses to any part of Southern Africa and help to rebuild their lives where their identities are not known.
On Saturday, March 12, Naeem Benjamin, the man who allegedly orchestrated the hit on activist Roegshanda Pascoe’s life, died during a gang shooting in Manenberg.
Pascoe, who survived the hit, went live on Facebook, stating she did not rejoice in his death, but sympathised with his family.
“It is very sad to have received the news that the man that put the hit out on me was also shot and killed in gang violence in Manenberg, though he saw fit to organise my death, I prayed for him as he is a son, a father, a partner, yet from Allah we come and to Allah we will return. Judgment doesn’t come from us, only Allah and May Allah be merciful to him,” she wrote.
Pascoe’s life changed dramatically in July 2016 when she and Manenberg residents watched helplessly as Angelo Davids, an alleged member of the Hard Livings gang, was attacked and killed.
Pascoe braved coming forward after others refused, and on March 6, 2019, unknown gunmen opened fire on her home, the day before she was to testify. She was moved to safety with her children, three grandchildren and son-in-law.
Unlike many others, Pascoe lived to take the witness stand.
Mogamat Faeez Hendricks, leader of the Clever Kids received 25 years behind bars while Naeem Benjamin was sentenced to 20 years.
Both men appealed their convictions and were released in November 2021.
Pascoe has declared the witness protection programme in South Africa non-existent. She has done the necessary paperwork to be part of the NPA’s programme, but knew her family would not be safe and sought help from an organisation she works with.
This organisation partly funds her accommodation, food and security and has placed her and her family in a secret location.
“Then you put in an application, the investigating officer told me what to do and gave me the paperwork and we can apply. But it will only be until I am done testifying.That is when I said no, I cannot do this to my family. How can I guarantee their safety after I am done testifying? I know what happens to witnesses.
“They are literally being killed, this is how gangs operate, they make you calm, they make you comfortable, they make you relaxed and then they hit you, hit you and finish you.
“This is what I have learnt through my journey, that there is total misconduct of these departments not working with one another and we are the (pawns)for politics.
“In my case there is no hero, I can tell you people in their personal capacity helped me. We had to wait until the prisoners received food and we got the leftovers. The investigating officer took money out of his own pocket and took me to the doctor when I fell ill, bought nappies for my granddaughter.
“The witness protection is non-existent.There should be a separate entity for witness protection, or whistle-blowers, a place that they can call home.
“We never got that up until now, if it wasn't for the organisation, we do not have a home or a roof over our heads, they partly sponsor the security, the place where we are, they cover part of our groceries and accommodation. When one of our children gets sick, it's tough, because we cannot just go into a public hospital, and my son lost his job entirely and he is now going through depression,” she said.
A crime fighter in Lavender Hill who had witnessed several crimes, said he had by-passed being in witness protection because he said it was signing your own death certificate.
“The people that I know, who were in witness protection, were all killed, the police are dirty,” he said.
A relative of a Mitchells Plain family who are currently in witness protection, said their safety was not guaranteed after they testified.
“It was a murder and he was the main witness and he was placed into witness protection. When the case gets finalised, we do not know what will happen,” the relative said.
Eldrid de Klerk, senior associate at the African Centre for Security and Intelligence Praxis said a separate law enforcement programme had to be in place for there to be a successful witness protection unit which involved a case handler.
“We need to move witness protection, it is under the NPA, but often it is given by police who form the security around the person. We need a separate division for witness protection. The NPA needs its own justice officers, or marshals, call them what you like. It is a set up that cannot be with fault. We need officers who are trained and briefed.
“If I go into witness protection, it might have to be for the rest of my life and have a case handler. I build a relationship with them and if you are sent to a new location anywhere in Southern Africa, that would be the only person who knows my true identity.
“People that do this, must only do this, they must get vetted regularly, their lifestyles get audited and integrity audits so that they are not in a position to be compromised and they are well paid. We do not know who they are, they work within the justice system.
“That is a security function and not a policing function, about keeping people safe rather than policing them, and it should be a law enforcement thing,” she said.
NPA spokesperson Eric Ntabazalila did not respond to questions and referred the Weekend Argus to their official website.
“Permanent protection doesn’t mean you’ll be in the protection programme for the rest of your life. Permanent protection lasts as long as the threat against you lasts, plus a phasing-out period of six weeks,” the website read.
The Department of Justice was also approached and said it was a matter for the NPA.
Weekend Argus