Tragic Assassination of Key Witness Raises Alarm Over Safety of Whistleblowers

Marius “Vlam” van der Merwe, known publicly as Witness D during the Madlanga Commission, was shot dead in cold blood on Friday night in his Brakpan driveway, just weeks after surviving two assassination attempts. His family reported that in recent weeks he had warned them that someone was out to kill him, stating, “When we asked him to beef up his security, he said no amount of security would protect him,” recalled his mother-in-law, Lesley McLean. “He knew they were coming for him. He had done what he needed to do when he testified during the commission.”

Van der Merwe, 41, had provided crucial evidence at the commission in November, claiming that Ekurhuleni Metro Police Department (EMPD) boss Julius Mkhwanazi had ordered him to dispose of a body belonging to a man killed during police interrogation. His death has ignited concerns about the protective measures in place for whistleblowers in South Africa and the overall effectiveness of witness safety protocols.

Witnessing the brutal act was his wife, Lee-Anne McLean, and their two young children, aged eight and four. Just after 8 p.m., as he struggled to open the gate at their home, gunmen ambushed Van der Merwe. “I was in the kitchen. Everything happened so fast,” Lesley recalled through tears. “My husband was watching TV in the bedroom when the incident happened. I heard a thunderous sound and he shouted, ‘Get down, get down.’”

The couple has been together for eleven years, and the family rushed outside after Lee-Anne screamed that Marius had been shot. As they approached the gate, his lifeless body lay in front of them. “It took time to move the children from the scene, as the eight-year-old kept kneeling beside his father’s body, crying,” Lesley recounted.

Van der Merwe’s death is a stark reminder of the risks faced by those who dare to expose corruption. Just one week prior, he survived an assassination attempt at an informal settlement, where a bullet meant for him narrowly missed him but left him shaken. Lesley described the first attempt, which occurred months ago at Plastic City, a notorious area in Brakpan, where Van der Merwe’s security company was providing services.

The family home on a quiet tree-lined street bears little evidence of the violence that transpired there, save for a solitary vase of flowers left at the driveway and the disturbing memory of the fateful night. His birthday was fast approaching; he would have turned 42 on December 20. Lee-Anne has struggled to sleep since the tragedy.

Yesterday, residents began to arrive at Van der Merwe’s home, leaving flowers and paying their respects. Many referred to him as a hero. Local business owner Barney Andrews expressed his shock, stating, “These days in South Africa, we watch the Madlanga and ad hoc like it’s Days of Our Lives. But what happened here makes it real.”

The significance of Van der Merwe's testimony cannot be overstated. He had described events from April 15, 2022, when he was asked to assist in a police operation targeting a robbery suspect. During the interrogation, he recounted that a plastic bag had been placed over the suspect’s head to suffocate him, and he held the suspect’s legs down. The suspect was later declared dead, and Mkhwanazi allegedly ordered his body to be disposed of in a mine shaft or dam.

In the wake of Van der Merwe’s assassination, President Cyril Ramaphosa stated that such actions could deter others from coming forward. “It’s not acceptable that witnesses who are unraveling truths are now getting killed themselves. This is going to deter many other witnesses from coming forward,” he said, calling for a thorough investigation. The President urged that the witness protection programme must be significantly enhanced, demanding results quickly to combat the rising lawlessness within the security sector.

Justice Minister Mmamoloko Kubayi confirmed that Van der Merwe had declined an offer for protection around the time of his testimony. “He didn’t think he needed it because he runs his own security company. We need to review how witnesses are testifying,” she remarked, highlighting the immediate need for reassessment of safety protocols for those who bravely speak out.

Brigadier Athlenda Mathe of the police confirmed that Van der Merwe was killed with an AK-47. “Nothing was taken; his firearm, cellphone, and wallet were still on him,” she said, prompting further questions regarding the motive behind the attack, as evidence points to a calculated assassination.

As grief envelops the Brakpan community, Ian Cameron, an MP for the Democratic Alliance, warned that the lives of anyone associated with the Madlanga Commission are now at risk. "A murder of this nature is not only an attack on a person but also an attack on the integrity of the processes that rely on people having the courage to come forward," Cameron stated.

As the investigation unfolds, crime expert Chad Thomas reflected on the growing list of assassinated witnesses and whistleblowers in South Africa. “The current legislation governing witness protection is not adequate,” he noted, emphasising the urgent need for more effective measures to safeguard those in danger.

Yesterday afternoon, the Madlanga commission acknowledged Van der Merwe's contributions in a statement filled with “profound sadness.” His testimony had unearthed serious allegations of criminality within the EMPD, and his assassination serves as a chilling reminder of the price some pay for truth and justice in the country.

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