By Lehlohonolo Lehana.
Minister of Justice and Constitutional Development, Mmamoloko Kubayi has confirmed that Marius van der Merwe, the slain Madlanga Commission of Inquiry whistleblower, declined a formal offer of witness protection.
Kubayi briefed members of the media to highlight ongoing efforts to strengthen access to justice, modernise the justice system, and advance key sector reforms.
The killing comes amid heightened security concerns surrounding witnesses at the commission, which is investigating allegations of criminal infiltration, political interference and corruption within South Africa’s law enforcement structures.
Multiple witnesses have testified in-camera proceedings citing fears for their safety after implicating senior police officials in serious crimes.
She suggested the live broadcast of Van der Merwe’s testimony as Witness D could have led to his fatal attack, despite his identity not being disclosed to the public at the time of the broadcast.
“The reason initially for the proposal that there must be in-camera testimony was informed by the fact there would be risks, and we needed to ensure the risks are extremely minimised.
“If you talk to people who work closely with those who come forward as whistle-blowers, they would tell you sometimes because of a person narrating the story publicly, the person involved would know who that person is.”
Kubayi suggested the best way to protect witnesses is to end public broadcasting of the proceedings.
“I know we are going to fight with the media, but sometimes it’s necessary, and this is what I’ve asked the Madlanga commission to do, to say let’s review. We agreed because initially that’s what they wanted to do.
Kubayi expressed concern that the public knew Witness D who had been fatally shot before it was officially announced.
“It’s extremely worrying that media and social media were running that Witness D has been killed. How did they know this person was Witness D? Could be that someone who heard him testify knew about the incident?”
Kubayi faced backlash for her assertion, with critics on social media arguing whistle-blowers are not only killed because they appeared on a public platform. They made reference to other witnesses who have been assassinated for exposing corruption without testifying in public, such as Babita Deokaran.
Acting Gauteng Police Commissioner General Fred Kekana said a manhunt has been launched for suspects, believed to have been travelling in a white Nissan NP200 bakkie with a canopy.
Kekana vowed that police would “leave no stone unturned” in apprehending those responsible for the killing of Witness D, who was reportedly travelling with his wife and two children when ambushed by unknown assailants.
“We are still gathering all the necessary evidence. We have an idea of what is going on, but we need the suspects who killed him. No one has the right to take anyone’s life. We will not leave this matter to die without doing anything. We will do everything we can to uncover what happened,” Kekana stated.