Slain Madlanga Commission witness had declined protection offer, says justice minister

Marius van der Merwe, was shot dead on Friday night

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

Justice minister Mmamoloko Kubayi says the Madlanga Commission witness who was shot dead on Friday night had declined witness protection.

Witness D, a former Ekurhuleni Metro Police Department officer Marius van der Merwe, was killed 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, police said.

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. 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.

Police said on Saturday that a special team was set up to investigate the killing.

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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