The assassination of Witness D exposes the urgent need for whistle-blower protection

The tragic assassination of Marius “Vlam” van der Merwe, known as Witness D, has sent shockwaves through South Africa's political landscape, igniting fervent calls for enhanced protections for whistle-blowers.

Van der Merwe, 41, who bravely testified before the Madlanga Commission of Inquiry, was shot dead on Friday night in front of his family outside their home in Brakpan, Ekurhuleni.

His testimony implicated suspended deputy chief of the Ekurhuleni metro police, Julius Mkhwanazi, in a murder cover-up and the disposal of a body — a revelation that likely made him a target.

President Cyril Ramaphosa condemned the attack on Van der Merwe, stating that his courageous testimony angered elements seeking to undermine the rule of law.

“As government, we will redouble our efforts to protect whistle-blowers, including witnesses before the Madlanga Commission and the commission itself, as they serve the nation with bravery in the face of criminal threats,” said Ramaphosa.

Van der Merwe's killing adds him to a grim roll call of whistle-blowers who have paid the ultimate price for speaking out against corruption.

The list includes Babita Deokaran, who was assassinated in August 2021 after exposing corruption within the Gauteng Department of Health, and Ekurhuleni Metro's chief auditor, Mpho Mafole, who lost his life in June this year while investigating a R1.8 billion tender scandal involving chemical toilets.

Echoing the sentiments of many, ANC national spokesperson Mahlengi Bhengu called the brutal murder a significant setback in the fight to strengthen South Africa's criminal justice system.

“The ANC condemns this crime and calls for strengthened protection for all witnesses participating in the commission and related investigations,” Bhengu stated.

Glynnis Breytenbach, DA spokesperson on justice and constitutional development, described the murder as a direct assault on accountability and justice in South Africa.

“This kind of mafia-state behaviour, where whistle-blowers are gunned down for telling the truth is something our country has never experienced at this scale before. It is terrifying, it is brazen, and it is clearly intended to send a message of pure intimidation,” Breytenbach said.

The MK Party’s spokesperson, Nhlamulo Ndhlela, termed Van der Merwe’s assassination a damning indictment of the government's failure to provide adequate protection.

“The murder of Babita Deokaran should have served as a warning that negligence puts whistle-blowers’ lives in grave danger,” he added.

The EFF called the killing an outright attack on the Madlanga Commission and a warning shot from the criminal underworld to halt exposure of corruption and criminal infiltration.

“His assassination is, therefore, a calculated message intended to intimidate the commission, silence witnesses, and protect criminal syndicates and drug cartels that have deeply rooted themselves into South Africa’s law enforcement agencies,” said the EFF.

ActionSA MP Dereleen James said there was an urgent need for both Parliament’s Ad Hoc Committee and the Madlanga Commission to ensure that those at risk due to their testimonies receive adequate protection.

Meanwhile, Good Party Secretary-General Brett Herron lamented the dangers of testifying, saying anonymity does not guarantee safety.

“Their testimony can lead to their identification, which may well have been the case in this instance,” he said in reference to Van der Merwe, who testified without his voice being disguised.

Institute of Security Studies’ Lizette Lancaster said it was deeply concerning and tragic that somebody who has spoken out and shown such brave courage has been killed.

“He is one of many people who have been killed for speaking the truth, and what we need is clearly a better system, one where there are more resources allocated to witnesses because we are talking hundreds of people who have been killed because they are trying to do the right thing,” Lancaster said.

She noted that it was unknown what protection Van der Merwe was afforded and whether he accepted it.

“But we know that even though there is an Act protecting whistle-blowers, implementation is problematic.

"I assume that those who are still going to testify will see this as a deterrent. I mean, they don't necessarily have a choice, but I would assume that protection will be intensified now,” Lancaster said.

Political analyst Professor Andre Duvenhage said Van der Merwe’s killing was no doubt the type of outcome experienced when there was a mafia state.

“What we have seen with the investigation and the evidence is that people are implicated. They are feeling very uncomfortable, and they took illegal action,” Duvenhage said.

He also said the killing identified one of the failures of the criminal justice system.

“I have said it several times that the person who needs to feel most unsafe in South Africa is the whistle-blower. This is even more true if you testify because then it is coming closer to home for the persons that are feeling uncomfortable,” he said.

“What it is also indicating is that we cannot safeguard the identity of witnesses, and immediately the message is spread that the witness who testified was killed, other witnesses are afraid to come forward,” said Duvenhage.

Meanwhile, the Madlanga Commission concluded its hearing with suspended Minister Senzo Mchunu on Friday and will resume next year with its second phase at a date to be announced.

The Ad Hoc Committee investigating allegations made by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi will resume its hearings next year after the attempted murder accused tenderpreneur Vusimuzi "Cat" Matlala concluded his testimony on November 26.

mayibongwe.maqhina@inl.co.za