Mkhwebane Foundation Threatens Legal Action, Demands Firing of Justice Minister Over Social Media Post
The Advocate Busisiwe Mkhwebane Foundation has announced intent to pursue criminal and civil legal action against newly appointed Minister of Justice and Constitutional Development, Mamokolo Kubayi, following a controversial social media post that allegedly compromised the safety of a high-ranking civil society figure.
In an official statement released by the foundation, the organization expressed deep dismay over comments made by Minister Kubayi on November 6, 2026. Kubayi allegedly posted a claim linking the BM Foundation’s Chairperson, Shirley Willemse, to a prominent and anonymous social media account operating under the pseudonym “Baas Kruger.”
The Minister’s post further specified that Willemse was based in KwaZulu-Natal—a detail the foundation argues amounts to a dangerous public doxxing.
The BM Foundation completely denied the link, stating that Willemse has no administrative ties to the account.
According to the foundation, the “Baas Kruger” page frequently disseminates highly sensitive updates regarding dangerous criminal cases, including investigations surrounding the high-profile murder of Lieutenant General Mfazi.
Mfazi was reportedly investigating the Phala Phala saga prior to his death, an investigation that recently culminated in the high-profile arrests of a former Presidential Advisor and a South African Police Service (SAPS) Crime Intelligence Head.
By publicly naming Willemse and revealing her general geographic location, the foundation argues Kubayi has actively placed both the Chairperson and her family “in the line of fire.”
The timing of the dispute hits a sensitive nerve within South Africa’s socio-political climate, which has been severely marred by a string of assassinations targeting anti-corruption figures.
The foundation’s statement directly cited the past high-profile murders of whistleblowers and state officials, including Babita Deokaran, Lieutenant Colonel Charl Kinnear, and Thato Motosankwe, to highlight the severity of the threat.
“What is even more outright disgusting is the fact that it’s the Department of Justice mandated to protect investigative journalists, whistle-blowers, honest government officials and civil society activists, yet it’s the very minister that is recklessly endangering life,” the foundation stated.
In addition to launching a civil lawsuit seeking financial compensation for trauma, the BM Foundation has declared it will petition Cabinet to demand the immediate dismissal of Minister Kubayi.
The group intends to request her replacement by an individual holding “the necessary law qualifications” to lead the justice portfolio.
Neither the Ministry of Justice nor Minister Kubayi have formally responded to the lawsuit threats at the time of reporting.
