Political parties have intensified calls for the robust protection of whistle-blowers and witnesses after the murder of a witness at the Madlanga commission of inquiry, former Ekurhuleni metro police department (EMPD) officer Marius van der Merwe, identified as Witness D.
Van der Merwe was shot dead outside his home in Brakpan on Friday, shortly after giving testimony at the commission. His evidence implicated suspended EMPD acting chief Brig Julius Mkhwanazi in the 2022 murder of a robbery suspect in Brakpan. Van der Merwe alleged Mkhwanazi had ordered him to dispose of the body as part of a cover-up.
The EFF strongly condemned the killing, describing it as an attack on the work of the Madlanga commission, intended to halt its investigations.
“Witness D’s evidence was so sensitive that he testified off camera, but despite this, the state still failed to protect him,” said EFF spokesperson Sinawo Thambo.
“His testimony made plain the extent to which criminality has merged with official policing functions, with officers using state authority to commit and cover up murders. His assassination is a calculated message intended to intimidate the commission, silence witnesses and protect the criminal syndicates and drug cartels that have deeply rooted themselves into South Africa’s law-enforcement agencies.”
The party demanded a full, urgent and independent investigation of the killing and called for robust witness protection for all witnesses in the commission.
“[This] development reinforces the urgent need ... to ensure that individuals whose roles, testimony or exposure place them at heightened risk are provided with appropriate and adequate protection, with due consideration for the seriousness of the matters under investigation
— Dereleen James, ActionSA MP
The DA said the “cold-blooded” assassination of Van der Merwe underscores the urgency of strengthening witness protection.
“This sort of mafia state behaviour, where whistle-blowers are shot dead for telling the truth, is something our country has never before experienced at this scale,” said DA MP Glynnis Breytenbach. “It is terrifying, it is brazen and it is clearly intended to send a message of pure intimidation.”
ActionSA MP Dereleen James said she was “sickened” by the incident, calling it “yet another unmistakable sign of South Africa’s descent into a mafia state.
“[This] development reinforces the urgent need for parliament’s ad hoc committee and the Madlanga commission to ensure that individuals whose roles, testimony or exposure place them at heightened risk are provided with appropriate and adequate protection, with due consideration for the seriousness of the matters under investigation,” she said.
The ANC expressed deep sadness at the killing and urged the commission not to be intimidated by the murder.
“The ANC condemns this crime and calls for strengthened protection of all witnesses participating in the commission and related investigations. We further call for a swift and thorough investigation and for the arrest of those responsible,” said spokesperson Mahlengi Bhengu.
Briefing the media on Saturday, justice and constitutional development minister Mmamoloko Kubayi acknowledged the issue, noting that her department is introducing legislation called the Protected Disclosures Bill. This bill is intended to provide comprehensive protection for whistle-blowers, as the current law limits witness protection primarily to individuals with matters already before a court.
“The bill seeks to establish clear mechanisms to protect whistle-blowers and connect these protections to existing infrastructure, including the witness protection programme,” she said.
Kubayi confirmed that the bill has been completed and is undergoing legal evaluation and the social, institutional, administrative and security process in cabinet. It is expected to be finalised in the last quarter of this financial year.
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