Minister in the presidency Khumbudzo Ntshavheni says the public and media should not assume that the murder of Marius van der Merwe, who appeared as Witness D at the Madlanga commission, was in any way linked to the inquiry.
Van der Merwe was shot last Friday, and police have since taken in a person of interest for questioning.
During his evidence at the commission, Van der Merwe said Julius Mkhwanazi, the suspended deputy police chief of the Ekurhuleni metro, ordered him to dispose of the body of a robbery suspect who had been murdered during an interrogation in Brakpan in 2022.
Briefing the media and the public on Wednesday, Ntshavheni said the police were investigating the matter and that there were a lot of assumptions around Van Der Merwe’s murder.

“We do not know whether Witness D was killed because of the evidence he provided to the Madlanga commission,” she said. “The minister of justice and constitutional development has publicly clarified that the department of justice, which is responsible for witness protection, had offered Witness D protection services, and he declined such an offer.
“So, if witnesses decline offers, why should we criticise the witness protection services?” she asked.
“Of course, the witness protection service will never be perfect, but it is a work in continuous improvement. As witnesses and threats are identified, the system has to be strengthened. We can never claim it is perfect, but it is a work in progress, learning lessons and improving over time,” Ntshavheni said.
The department of justice, which is responsible for witness protection, had offered Witness D protection services, and he declined such an offer.
— Minister Khumbudzo Ntshavheni
On concerns about security at the Madlanga commission, she said the commission had already taken steps.
“The commission indicated that they have met and articulated interventions to strengthen their security measures. We will hear from the commission directly about the decisions they have made and whether assessments have revealed any weaknesses. If weaknesses exist, they will be addressed, but we leave that to the commission,” she said.
Ntshavheni also addressed claims that SA was a “mafia state”, urging caution in labelling institutions without considering the facts.
“Why would SA be a mafia state? We often rush to label situations before considering the facts. The Madlanga commission exists because concerns were raised by [Lt-] Gen [Nhlanhla] Mkhwanazi, and the president established the commission in response,” she said.
The minister said there had been initial criticism of both the Madlanga commission and parliament’s ad hoc committee — which are both investigating allegations of criminality, corruption and political interference in the criminal justice system — with many saying they were a waste of time and resources.
“Yet here we are, and the president, in his wisdom, determined that the commission is necessary, not only to investigate Gen Mkhwanazi’s allegations but also to examine weaknesses in the criminal justice system and identify measures to address them,” she said.
Ntshavheni urged patience as the commission prepares its preliminary report, set to be released on December 17.
“Let us give them the space to release that report. The government will comment once the preliminary report has been released. We have made it clear that we will not provide running commentary on the commission’s work,” Ntshavheni said.
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