Too Late To Protect Him? IPID Grilled After Madlanga Witness Killing

The murder of a key whistleblower has shifted the focus of the Madlanga Commission squarely onto the Independent Police Investigative Directorate (IPID), with mounting questions over delays, inaction and witness safety.

Marius van der Merwe — better known as “Witness D” — was shot dead outside his Brakpan home in front of his family while the commission’s public hearings were still under way. His killing sent shockwaves through the inquiry and reignited concerns about whether IPID failed to act when it mattered most.

Years of Allegations, No Arrests

Long before Witness D appeared before the commission, IPID was already aware of the case that would later cost him his life.

Former Ekurhuleni metro police department (EMPD) deputy chief Revo Spies told the commission that IPID informed him as early as March 2023 about a torture and murder investigation involving senior EMPD officer Julius Mkhwanazi — with a state witness already identified.

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“When we were informed of this, it was March 2023 … [W]e believed that a murder case that is already running for a year — with witnesses, with a body, with everything already there — we thought it is imminent that he would be arrested extremely quickly thereafter. And yet here we are, 2025, and nothing has yet happened,” Spies said.

Despite the seriousness of the allegations, no arrests followed.

Whistleblower Spoke — Still Nothing Happened

Witness D publicly testified in November, describing how a suspect, Emmanuel Mbense, was tortured by police and private security officers in April 2022 and later died.

He told the commission that after the death, senior officer Mkhwanazi allegedly gave instructions on how to dispose of the body.

“Mkhwanazi said that we needed to throw the suspect’s body into a mineshaft or dump it into a dam. As he said this, he looked at me,” Witness D said.

He told the commission he felt that refusing would put his own life at risk.

Even after this testimony, Witness D confirmed that no arrests had been made.

“Advocate, at this stage, there has been no arrest that is been made,” he said.

Days later, he was dead.

Was IPID Too Slow — Or Too Silent?

After the killing, Justice Minister Mmamoloko Kubayi said Witness D had declined witness protection. However, critics argue that this explanation sidesteps a larger issue — why IPID had not finalised arrests or prosecutions in a case it had been aware of for years.

An IPID spokesperson has reportedly said the investigation was in its “final stages”, but Van der Merwe’s death has cast doubt on whether justice can still be achieved.

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Although IPID is not explicitly named in the Madlanga Commission’s terms of reference, the mandate allows the inquiry to investigate “any other institution and/or organ of state within the criminal justice system”.

Given the evidence already presented, pressure is growing for IPID to be formally called to account when hearings resume.

Commission Says It Will Not Be Intimidated

The commission described the “brutal killing” of Witness D as a turning point, stating that it would not be deterred and confirming that more witnesses have since come forward.

An interim report has already been submitted to President Cyril Ramaphosa, though it will not be made public.

As the commission moves into its next phases — including testimony from those implicated and possible cross-examination of earlier witnesses — the role of IPID, and whether its failures contributed to a whistleblower’s death, is expected to come under sharper scrutiny.

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