On January 17, 2021, Daily Maverick published a report by Marianne Thamm concerning an alleged R200-million personal protective equipment (PPE) procurement fraud investigation within the South African Police Service (SAPS). This report, detailing significant financial irregularities within a critical state institution, immediately drew attention. Following its publication, an internal SAPS message allegedly referenced Thamm, with a colleague of General Feroz Khan reportedly stating, "Counter needs to be activated on this journo." This alleged instruction, emerging from within the ranks of state intelligence, suggests potential state intelligence action against the journalist. Such an action, if proven true, represents a grave threat to press freedom and democratic accountability. The Madlanga Commission has been tasked with determining the veracity and implications of this evidence, a key role in upholding transparency.
The Alarming WhatsApp Exchange
The South African Police Service (SAPS) investigation discussed in Marianne Thamm's report focused on two officers who had been assigned to probe the then Crime Intelligence boss, Peter Jacobs. This inquiry into a high-ranking official within the intelligence apparatus was part of a larger context that brought the alleged intelligence activities against Thamm to light. The WhatsApp exchange, which contained the instruction to "activate a counter" against the journalist, was formally read into the commission record more than four years after the original event. This significant delay in public disclosure meant that the communication, initially internal to SAPS, only recently came under intense scrutiny. This action by the commission brought the historical communication into public scrutiny as part of its ongoing proceedings, raising serious questions about the nature of state surveillance and its potential deployment against members of the press. The detailed examination of these messages by the Madlanga Commission is key to understanding the full scope of the alleged actions.
Burglary and Investigation Closure
General Feroz Khan allegedly responded to the "counter" instruction by stating, "this journalist is a good friend of Jacobs" and "and Vearey." This specific exchange, part of a broader internal SAPS communication, has been presented as evidence suggesting potential state intelligence interest in Marianne Thamm's professional and personal connections. The alleged response from General Khan implies a focus not just on the report itself, but on the journalist's perceived associations, potentially indicating an attempt to discredit or neutralize her through her contacts. This line of inquiry by the commission aims to uncover whether these alleged statements formed part of a coordinated effort.
Two months later, on the night of March 13, 2021, Thamm's Cape Town home was burgled. The perpetrators took two laptops, an iPad, and various items of jewellery from her residence. The incident occurred after the alleged SAPS directive to "activate a counter" against the journalist, raising alarming questions about potential links between the internal communications and the subsequent crime. The timing of the burglary, following closely on the heels of the alleged directive, naturally prompts concerns about the security of journalists who report on sensitive state matters. The loss of electronic devices, in particular, could have significant implications for a journalist's work and sources.
Constitutional Implications and Democracy
WhatsApp messages presented at the Madlanga Commission indicated that on January 17, 2021, a colleague sent General Feroz Khan, then a Crime Intelligence divisional commissioner, a link to the Daily Maverick article detailing alleged PPE procurement fraud. This communication occurred on the same day the article was published, noting the immediate attention the report drew within SAPS intelligence circles. The Daily Maverick operates as an independent news organization, receiving financial support from 32,000 readers through voluntary monthly or annual contributions. This unique funding model allows the publication to maintain its editorial independence, ensuring it can report without fear or favour, even on powerful state entities. This independence is precisely what makes any alleged attempt by state intelligence to "counter" a journalist so concerning, as it strikes at the heart of a free press's ability to hold power accountable. The commission's findings will be critical in determining whether the actions described constitute an abuse of state power.
Regarding the burglary at Marianne Thamm's Cape Town home, police have effectively closed the case. The decision to close the investigation followed the incident in March 2021, two months after the alleged internal SAPS directive concerning Thamm. The closure of the case, without resolution, leaves questions unanswered about the circumstances surrounding the theft of her electronic devices and other items. For many, the unresolved nature of the burglary, coupled with the alleged "counter" directive, creates an environment of suspicion and fear for journalists. The Madlanga Commission is now tasked with the heavy responsibility of determining what this evidence proves and what it does not, with its conclusions potentially shaping the future of press freedom in South Africa. The integrity of democratic institutions relies heavily on the ability of journalists to report without intimidation, and any indication of state intelligence being weaponized against them demands the utmost scrutiny and accountability.
