Justice Minister Kubayi: Van der Merwe declined protection offer

Slaying of key witness highlights risks in corruption fight

Minister of justice and constitutional development Mmamoloko Kubayi. Freddy Mavunda (Freddy Mavunda)

Justice minister Mmamoloko Kubayi says slain Witness D, who testified at the Madlanga Commission, had declined witness protection.

Witness D, a former Ekurhuleni Metro Police Department officer, whose real name is Marius van der Merwe, was shot dead at about 8.30pm on Friday night in front of his wife as they arrived at their home in Brakpan. He was ambushed by two gunmen as he was opening the gate to his home.

Addressing the media in Pretoria on Saturday, Kubayi said she was informed that Van der Merwe declined the commission’s protection.

I did interact with Adv Sandile Khumalo, who is responsible for the security at the commission of inquiry.

—  Mmamoloko Kubayi, Justice minister

“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 said.

She further added that there is a need to review how witnesses are testifying and also ensure that the work of the commission is not compromised.

Earlier in the day, President Cyril Ramaphosa said the killing of Van der Merwe suggests that his “brave testimony angered elements in our society who want to undermine the rule of law” and set back the quest for truth and consequences in the fight against corruption.

“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.

“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 previously told the commission that in April 2022 he witnessed a civilian who was interrogated by law officials, including Ekurhuleni metro police, being suffocated with a plastic bag.

He said after the man was killed, there was a discussion on how to “deal with the scene”, and later embattled metro cop boss Julius Mkhwanazi was called.

He said that upon Mkhwanazi’s arrival, he told them the body needs to be disposed of at 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.

“The body was loaded in my vehicle then disposed into a river,” van der Merwe said at the time.


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