Marius van der Merwe at the entrance to an illegal mine tunnel 10m from Snake Road in Benoni. Picture: Michel Bega Witnesses who testified in the Madlanga Commission of Inquiry and those still to appear say Minister of Justice and Constitutional Development Mmamoloko Kubayi is wrong when she claims the commission has done everything in its power to protect whistle-blowers. Government’s protection of witnesses has been criticised in the wake of Marius van der Merwe’s death on Friday evening.
The former Ekurhuleni Metropolitan Police Department (EMPD) officer and private security firm owner was shot outside his Brakpan home. He had previously testified at the commission as Witness D. There, he implicated suspended EMPD top cop Julius Mkhwanazi in criminal activity.
Responding to the backlash, Kubayi said she was pleased with the current witness protection programme and the commission’s efforts to protect witnesses. She claimed Van der Merwe had been offered protection by the commission but had declined it “because he didn’t think he needed it as he had his own security company”. “In the case of Witness D, as the minister has indicated, witness protection was offered, and it was refused,” added her deputy, Andries Nel.
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However, those close to him have disputed this. They said Van der Merwe would have taken the protection, if offered, as he feared for his life. It is understood that as threats against him grew, and after surviving a previous attempt on his life, he was willing to go public in an effort to pressure authorities to protect whistle-blowers and reduce the target he had on his back.
Asked byCity Pressabout Kubayi’s claims, Van der Merwe’s wife reportedly said she was not aware of any refusal. This was confirmed toThe Citizenby someone close to the family. Instead, witnesses claim they were the ones asking for protection, only to be denied or ignored.
Some alleged that law enforcement used intimidation tactics to secure testimony at the commission, with one claiming they were told that if they did not provide evidence, they could be implicated and identified. Another witness said that they do not leave their homes without private protection.
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