PERSONALITY PROFILE

Professor Monray Botha

In conversation with Professor Monray Marsellus Botha, voice for whistleblowers, former Head of the Department of Mercantile Law at the University of Pretoria, and now Professor in Private Law at the University of Johannesburg.

His social media message is to “Do everything in style and with (com) passion!” and he leads by example, is passionate about justice in general, and improving the safety of whistleblowers, more specifically.

The co-managing editor of three books as well as multiple published reports and papers, Monray holds BLC, BCom (Hons), LLB, LLM, MCOM and LLD degrees as well as AIPSA, Alternative Dispute Resolution and Corporate Law diplomas. Monray’s areas of interest include labour and corporate law, and corporate governance and social responsibility, and his research focuses on the social contract and the relationship it has with social justice and protection of the most vulnerable members of society.

And yet, despite his impressive qualifications, he is a warm people’s person with a sense of humour. He is also a brave man, lending his considerable voice to the call for whistleblowers and their families to be better protected and compensated. “I believe that whistle-blowing should be made a national strategic priority,” he said in an article in The Conversation, published on 23 September 2021. “The extent of corruption in (South Africa) has been laid bare at the judicial commission probing allegations of state capture over the past three years. Corruption can impede a country’s economic growth, and undermine democratic principles, stability, and trust. Whistle-blowing is one of the mechanisms used to deter corruption. It plays a role in encouraging accountability, transparency, and high standards of governance, in both the private sector and public institutions. Whistleblowers help combat criminal conduct and should thus be afforded protection by the state.” But, he adds, “South Africa’s system is flawed. …The country was shocked by the murder of a woman who had exposed corruption in the procurement of Covid-19 personal protective equipment.”

He’s referring to Babita Deokaran, head of financial accounting at the Gauteng Department of Health, who was gunned down outside her Johannesburg home on 23 August 2021. According to a media statement by the Special Investigating Unit (SIU), part of the South African Police Service (SAPS) , she was one of more than 320 witnesses in the unit’s investigation into Personal Protective Equipment (PPE) tender corruption and procurement irregularities, in both the department and the private sector.

Long before her death, Monray wrote a journal paper titled: “The Protection of Whistleblowers in the Fight against Fraud and Corruption: A South African Perspective”. In it, he warns that criminal and irregular conduct can endanger economic stability, hence the critical role of the whistleblower as a corporate governance mechanism. “Whistle-blowing is healthy for organisations — managers no longer have a monopoly on information, and they need to know that their actions can – and will – be monitored and reported to shareholders and to the public at large. Whistle-blowing should, therefore, be a safe alternative to silence, since it deters abuse. Many catastrophes would be averted if employees did not turn a blind eye, and if employers did not turn a deaf ear nor blame the messenger instead of heeding the message.”

It’s not that simple, though. “Potential whistle-blowers face difficult choices, in that they either report the misconduct with the risk of retaliation, or they keep quiet in order to keep their jobs — and protect their lives and their families, in some instances.”

Yes, the PDA (Protected Disclosures Act) and the Companies Act provide protection to employees and other stakeholders who dare to blow the whistle against irregularities or wrongdoing, he says, but despite being in place since 2000, the PDA has a poor track record when it comes to protecting whistle-blowers.

Early years

Born in 1975 in Kimberley, Monray attended school there until his family moved to Warrenton in 1991. After matriculating, he went on to complete most of his degrees.

He remembers his mother fondly. “She was a skilled cook who could whip up great creations with a limited to non-existent budget. One winter, she made aniseed rusks from scratch in our little black coal stove and the meticulousness of her preparation, baking, resting and cutting of the rusks will stay with me forever.”

Pursuing a legal career was by coincidence, he says. “My adopted sister actually applied for law and then I thought about it and what I would like the law to do, especially taking into account the era in which I grew up, and where some members of society were treated differently, faced injustices, and did not have access to basic rights. I was always inquisitive and wanted to know why this is happening …”

The future

Keen to do a PhD in Commerce and to write a book on how the lack of worker participation initiatives in organisations are failing this vulnerable group, Monray would also love to travel to Iceland by boat, run a couple of marathons abroad, open his own bistro on a small boutique wine farm, with a sustainable garden, and live close to the sea. His best advice: “Make a list of your dreams, what you want to achieve as well as the values and principles that you want to live by, and what your ideal world would look like. Then make a list of things that you want to change. Eliminate those things over which you have zero control, and focus on the things that you have left and how they will fit into your growth as a member of society who contributes positively.”

Who inspires you?

“Michelle Obama and Oprah Winfrey are two people whom I admire based on the struggles they overcame and the levels of success and impact they have achieved. I admire honest, hardworking people who understand their role in the bigger team and common goals. I respect people who are transparent, fair, accountable, disciplined but can also let go and have a bit of fun — even in a work setting now and then!”

And what can’t you tolerate?

“Micro-managers, inflexible and toxic work environments, people who should not be in management positions, bullies, rude, dishonest people who speak down to others and want to put others down to make themselves look better.”