Subpoenaing truth: Whistleblowers, police lawlessness, and the crisis of criminal justice in South Africa

Subpoenaing truth: Whistleblowers, police lawlessness, and the crisis of criminal justice in South Africa

Pumza Nomnganga

Issue: Vol. 7 No.7 2026 Article 25 pp. 2093 – 2101
DOI: https://doi.org/10.38159/ehass.20267725 Published online 24th September 2026

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ABSTRACT

South Africa’s criminal justice system is constitutionally required to uphold legality, accountability, and the rule of law. Nevertheless, ongoing disclosures by whistleblowers reveal a concerning reality in which systemic misconduct by law enforcement officials undermines these core principles. This study aimed to investigate whether South Africa’s legal and institutional framework sufficiently empowers whistleblowers to reveal police corruption, evidentiary manipulation, and prosecutorial misconduct. This paper critically examined how internal lawlessness within policing and prosecutorial bodies leads to wrongful arrests, compromised investigations, and miscarriages of justice, particularly in relation to the Senzo Meyiwa case and other notable criminal cases. The study found that police officers engaged in corruption, misconduct, and evidence tampering or manipulation, undermining justice and accountability. Employing a qualitative, desktop-based research methodology, the study analysed legislation, relevant case law, official reports, books and articles to evaluate the role of whistleblowers as agents of justice reform. The study recommends strengthening protections for whistleblowers and reforming law enforcement practices to foster accountability and establish trust. This article aims to advance accountability discussions by emphasising the importance of safeguarding whistleblowers, penalising offenders, and restoring justice and public confidence.

Keywords: Whistleblowers, Criminal Justice System, Police Misconduct, Accountability, Rule of Law.

BIBLIOGRAPHY

Legislation

Criminal Procedure Act 51 of 1977.

Protected Disclosures Act 26 of 2000.

Case law

Charles v Minister of Safety and Security (2007 2 SACR 137 (W)

Tsose v Minister of Justice (unreported case)

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ABOUT AUTHOR(S)

Pumza Nomnganga is a lecturer in the School of Law at Walter Sisulu University. She is an Admitted Attorney of the High Court of South Africa and holds an LLB and an LLM. Her research interests and academic focus lie in law and social justice, specifically criminal and procedural law, victim empowerment, and the decolonisation of legal education in South Africa.

TO CITE ARTICLE

Nomnganga, Pumza. “Subpoenaing truth: Whistleblowers, police lawlessness, and the crisis of criminal justice in South Africa.” E-Journal of Humanities, Arts and Social Sciences 7, no.7 (2026): 2093 – 2101. https://doi.org/10.38159/ehass.20267725