Murder of Witness D highlights gaps in South Africa’s witness protection, political parties say

Political parties have condemned the killing of Marius “Vlam” van der Merwe, a key witness known as Witness D, and expressed concern over the apparent lack of witness protection at the Madlanga Commission of Inquiry.

He was shot dead in Brakpan on Friday in front of his family. 

Van der Merwe, 41, recently testified before the commission, which is investigating alleged corruption, the shielding of criminal networks, and political interference in the justice system. He was killed shortly after 8pm.

The suspects were reportedly travelling in a white Nissan NP200 bakkie with a canopy.

SAPS national spokesperson Brigadier Athlenda Mathe confirmed that National Commissioner General Fannie Masemola will meet and brief Justice Mbuyiseli Madlanga on progress in the investigation.

The African National Congress (ANC) in the Ekurhuleni region expressed “deepest shock and outrage” over the brutal assassination. 

ANC Ekurhuleni regional secretary-general Jongizizwe Dlabathi described the murder as a “cold-blooded assassination” and said it was not only an attack on an individual but “a direct assault on justice, accountability, and the rule of law in the city.”

Dlabathi added that Van der Merwe’s testimony had revealed “serious and seriously disturbing allegations” regarding the City’s EMPD Department and called for swift and uncompromising action from law enforcement.

“Those responsible for this barbaric act must be tracked down, arrested, and subjected to the full might of the law without delay,” he said. 

“We further urge the Madlanga Commission and the Ad Hoc Committee to remain steadfast and not be intimidated or deterred by this cowardly act.”

The uMkhonto weSizwe Party (MK Party) also condemned the killing, describing it as “a national emergency and a devastating indictment of the government’s persistent and catastrophic failure to safeguard witnesses, whistleblowers, and all individuals who come forward in defence of truth and justice,” said MK Party national spokesperson Nhlamulo Ndhlela.

He compared the killing to the 2021 murder of Thembisa Hospital whistleblower Babita Deokaran, saying the government had “learnt nothing and done nothing” to protect those who testify against wrongdoing.

Van der Merwe had testified against suspended EMPD Deputy Chief Julius Mkhwanazi, alleging that Mkhwanazi ordered a cover-up of a murder and the disposal of a body. 

Police confirmed that Van der Merwe had not been placed under witness protection despite his recent testimony.

Dubbed “the man with the bakkie,” Van der Merwe told the commission in November that suspended EMPD acting chief Brigadier Julius Mkhwanazi allegedly instructed him to dispose of the body of a suspect killed by EMPD officers. 

He recounted how the suspect was suffocated in a bedroom with the assistance of two SAPS members and an alleged SAPS informant, Jaco Hanekom.

ActionSA MP Dereleen James said the party was “sickened” by the murder, calling it “yet another unmistakable sign of South Africa’s descent into a mafia state.” 

She emphasised the urgent need for adequate protection for witnesses and whistleblowers involved in the Madlanga Commission.

Police have launched a manhunt following the murder and confirmed that evidence collected at the scene shows an AK-47 automatic rifle was used in the attack.

President Cyril Ramaphosa has condemned the murder of Van der Merwe.

Ramaphosa extended his condolences to the bereaved family, describing the killing as an attack on someone who had “served the cause of justice and integrity” through his testimony at the commission.

“While our law enforcement agencies establish the circumstances leading to this heinous act, I am appalled and saddened by this attack on a former public servant who recently served the cause of justice and integrity by testifying at the Madlanga Commission,” the President said.

Ramaphosa vowed that government would intensify measures to protect whistle-blowers and commission witnesses, noting that their work is vital “in the face of criminal threats”.

“As government, we will redouble our efforts to protect whistleblowers, including witnesses before the Madlanga Commission and the Commission itself,” Ramaphosa said.

He urged law enforcement agencies to conduct a thorough investigation and bring the perpetrators to justice.

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