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PROJECT: PUBLIC COMMENTARY, POLITICAL CLAIMS AND THE RISK TO ACTIVE CRIMINAL INVESTIGATIONS

  • Isabel Spies
  • 4 days ago
  • 5 min read

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South Africa faces an exceptionally complex criminal environment characterised by high levels of violent crime,

missing persons cases, witness intimidation, and historically low conviction rates for serious offences.

Within this context, the manner in which information is communicated during active investigations

—particularly those involving missing or kidnapped children—

has a direct and measurable impact on investigative integrity, public safety,

and the prospects of successful prosecution.


Specialised Security Services (SSS) has consistently observed that public claims made during live broadcasts,

press briefings, or political engagements pose substantial risks when not coordinated with law enforcement.

These risks are magnified when statements are made by individuals with public authority or political influence.


Please consider the professional insights of Mr. Mike Bolhuis regarding the public remarks made by Mr. Gayton McKenzie,

a political figure, in relation to the ongoing investigation into the disappearance of Joshlin Smith:

RISKS POSED BY PUBLIC CLAIMS DURING ACTIVE INVESTIGATIONS:

Uncontrolled public commentary during ongoing investigations can compromise cases in several critical ways:

  • OPERATIONAL COMPROMISE:

    • Publicly aired claims may inadvertently disclose investigative focus areas, timelines, or assumptions.

    • In cases involving missing children, this can alert perpetrators, prompt movement of victims, or result in the destruction of evidence.

  • WITNESS CONTAMINATION AND INTIMIDATION:

    • Exposure to public narratives often alters witness recollection, whether consciously or subconsciously.

    • In the South African context, where witnesses already face intimidation risks, politicised or sensational commentary can discourage truthful cooperation or silence witnesses entirely.

  • MISINFORMATION AND RESOURCE DRAIN:

    • Unverified claims—particularly those amplified via social media—generate false leads, overwhelm police tip lines, and divert scarce investigative resources away from credible intelligence.

  • TRIAL PREJUDICE:

    • Defence teams routinely exploit public statements made by officials or political figures to argue “trial by media,” alleging prejudice, investigative bias, or compromised evidence chains.

INFLUENCE OF POLITICAL AND HIGH-PROFILE STATEMENTS:

  • Even where no classified or sensitive details are disclosed, the authority of the speaker itself influences behaviour:

    • Witnesses may align statements with perceived political expectations.

    • Suspects may change behaviour, flee, or intimidate witnesses.

    • Communities may take matters into their own hands, resulting in vigilantism or destruction of potential evidence.

    • Public confidence in investigative independence may be eroded if political narratives appear to pre-empt factual findings.

  • South African law has repeatedly demonstrated that perception alone can be sufficient to undermine the credibility of investigations and prosecutions.

SOUTH AFRICAN CASE STUDIES:

  • Several high-profile cases illustrate the real-world consequences of premature or politicised public commentary:

    • The Senzo Meyiwa murder investigation became mired in contradictory public narratives over several years, contributing to witness inconsistencies, delayed prosecutions, and sustained public mistrust.

    • The Anene Booysen case, while galvanising national outrage, highlighted how intense political and public commentary can create vulnerabilities later exploited by defence counsel.

    • The Jesse Hess murder demonstrated how early political framing distorted public understanding and required investigators to correct assumptions rather than focus exclusively on evidence.

    • The Thabo Bester escape and subsequent investigations revealed how conflicting official statements can endanger whistle-blowers, contaminate parallel corruption investigations, and weaken institutional credibility.

    • Missing child cases across multiple provinces, including those involving false sightings and public speculation, have shown how misinformation retraumatises families and delays recoveries.

    • The Phoenix unrest investigations (2021) illustrated how politicised public blame discouraged witnesses from coming forward and complicated prosecutorial efforts.

  • These cases underscore a consistent pattern: public commentary, when unregulated, does not accelerate justice—it obstructs it.

BALANCING PUBLIC TRANSPARENCY AND INVESTIGATIVE PROTECTION:

  • Specialised Security Services emphasises that public cooperation is essential in criminal investigations.

  • However, transparency must be structured, factual, and disciplined.

  • Best practice includes:

    • Centralised communication through SAPS-designated spokespersons.

    • Regular but limited factual updates, avoiding speculation or operational detail.

    • Clear public guidance discouraging rumours and vigilantism.

    • Strict separation between political discourse and investigative processes.

  • South African law, including provisions within the Criminal Procedure Act and SAPS internal directives, permits the withholding of sensitive information where disclosure may jeopardise investigations, witness safety, or prosecutions.

In a country where criminal investigations already operate under severe strain, public claims—especially by political figures—carry disproportionate risk. In cases involving missing or abducted children, the margin for error is exceptionally narrow.

Well-intentioned commentary can unintentionally compromise investigations, endanger lives, and ultimately deny victims and families justice.


Specialised Security Services reiterates that silence, discipline, and coordination are not secrecy—they are safeguards. Responsible communication protects investigations, strengthens prosecutions, and serves the best interests of victims,

families, and society as a whole.

Specialised Security Services invites the public to the Mike Bolhuis Daily Projects WhatsApp Channel.

This channel is important in delivering insights into the latest crime trends, awareness, warnings and the exposure of criminals.


How to Join the WhatsApp Channel:

1. Make sure you have the latest version of WhatsApp on your device.

2. Click on the link below to join the Mike Bolhuis Daily Projects WhatsApp Channel:

3. Follow the prompts to join the channel.

4. Make sure you click on "Follow", then click on the "bell"-icon (🔔)

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Regards,

Mike Bolhuis

Specialist Investigators into

Serious Violent, Serious Economic Crimes & Serious Cybercrimes

PSIRA Reg. 1590364/421949

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