Justice Minister Mmamoloko Kubayi has revealed that Marius van der Merwe, also known as Witness D, who testified at the Madlanga Commission, had declined witness protection prior to his assassination. Van der Merwe, a former officer with the Ekurhuleni Metro Police Department, was fatally shot on Friday night in front of his wife as they arrived at their home in Brakpan.
The incident occurred at approximately 8.30pm when two gunmen ambushed Van der Merwe as he was opening his gate.
President Cyril Ramaphosa has stated that Van der Merwe's killing suggests that his "brave testimony angered elements in our society who want to undermine the rule of law" and obstruct the pursuit of truth and accountability in the fight against corruption.
Ramaphosa affirmed, "Amid this trauma we must remain resolute to end corruption and bring to justice those who have done wrong and are plotting to do more." He further pledged that "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."
Speaking to the media in Pretoria on Saturday, Kubayi stated that she had been informed that Van der Merwe had declined the commission’s protection offer. “I did interact with Adv Sandile Khumalo, who is responsible for the security at the commission of inquiry. Khumalo did indicate that Mr Van der Merwe was offered protection, which he declined because he didn’t think he needed it and that he runs his own security company,” she explained.
Kubayi also noted the need to review the procedures for witnesses testifying before commissions and to ensure that the work of the Madlanga Commission is not compromised.
Van der Merwe's testimony at the Madlanga Commission included a disturbing account of witnessing a civilian being suffocated with a plastic bag during an interrogation by law enforcement officials, including Ekurhuleni metro police, in April 2022.
He testified that after the man's death, there was a discussion about how to "deal with the scene," and that Julius Mkhwanazi, an embattled metro cop boss, was subsequently called to the scene.
According to Van der Merwe, upon Mkhwanazi's arrival, he instructed them that the body needed to be disposed of in a mineshaft or a river. "As he [Mkhwanazi] said this, he was looking at me, and I felt like I was forced, and I felt like I was outnumbered," Van der Merwe stated during his testimony. "The body was loaded in my vehicle then disposed into a river."
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