Madlanga Commission | Witness D rejected witness protection before fatal shooting, Kubayi confirms

Justice Minister Mmamoloko Kubayi has confirmed that Marius van der Merwe, the slain Madlanga Commission whistleblower, declined a formal offer of witness protection by the Madlanga Commission.

His refusal, she said, was based on confidence in his own security company and his belief that he did not need state protection.

Kubayi said the commission’s head of security had confirmed that Van der Merwe refused all protective measures.

“He was offered protection, which he declined,” Kubayi told journalists in a media briefing on Saturday.

“He didn’t think he needed it, and he runs his own security company.”

Van der Merwe, a private security businessman, was shot and killed outside his Ekurhuleni home on Friday night.

His murder has sent shockwaves through the commission, which investigates alleged corruption and abuses within the Ekurhuleni Metro Police Department (EMPD).

During his testimony at the commission last month, Van der Merwe alleged that suspended EMPD acting chief, Julius Mkhwanazi, instructed him to dispose of the body of a suspect killed by officers in a bid to bury evidence linking them to the killing. 

Kubayi said Van der Merwe’s death has forced the government to urgently reassess how witnesses are identified, protected and allowed to testify.

She criticised the breakdown in anonymity that allowed the public and media to identify Van der Merwe, something even the commissioners were unaware of.

“We are deeply concerned that his identity became known,” Kubayi said, adding that:  “If transparency supersedes protection, we will not achieve witness safety in this country. Our fight against corruption and organised crime will be compromised.”

She said the commission had originally intended to hear sensitive testimony in camera, but reversed that decision after legal threats from media organisations.

The government now wants the commission to revisit that strategy to prevent further risks to witnesses.

Kubayi urged the public and press to recognise the gravity of the situation.

“Public interest can never come above the right to life… We must review how testimony is handled to ensure no other witness is exposed.”

President Cyril Ramaphosa also expressed condolences to Van der Merwe’s family, praising his courage and vowing stronger safeguards for whistleblowers.

“We will redouble our efforts to protect witnesses before the Madlanga Commission and the Commission itself,” he said, calling for a thorough investigation to bring the killers to justice.

The commission of inquiry has also condemned the incident and extended its deepest condolences to the Van der Merwe family.

kamogelo.moichela@iol.co.za 

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