Justice Minister Kubayi Slammed For Linking Madlanga Commission Witness Murder To Media Coverage

Justice and Constitutional Development Minister Mmamoloko Kubayi is under fire after implying that media coverage may have played a role in the murder of whistle-blower Marius van der Merwe, who testified before the Madlanga commission of inquiry.

Van der Merwe, a former Ekurhuleni Metro Police Department (EMPD) officer and whistle-blower, was shot dead outside his home on 5 December, shortly after giving evidence at the commission.

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At the time of his appearance, his identity had not been released publicly, and he was referred to only as “Witness D”, though his voice remained undisguised.

Addressing the media at the weekend, Kubayi suggested that the live broadcast of his testimony might have contributed to the fatal attack. “I do fear for the witnesses,” she said. She added that the original proposal for in-camera testimony aimed to minimise risks to those coming forward.

Critics Say Lack of Protection — Not Transparency — Is the Real Issue

Kubayi argued that stopping public broadcasts could be the best way to safeguard witnesses. “I know we are going to fight with the media, but sometimes it’s necessary,” she said. “This is what they have to do, otherwise we will have a commission that doesn’t have people coming forward to testify because they fear for their lives.”

She also expressed concern over how quickly the public connected the murder to Witness D before any official confirmation, “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?”

Her remarks were met with immediate backlash. Critics pointed out that whistle-blowers have been killed even without appearing in public hearings, referencing cases like Babita Deokaran, the Gauteng health department’s acting CFO, assassinated in August 2021 after exposing corruption.

ActionSA national chairperson Michael Beaumont condemned Kubayi’s comments. “This is absolutely pathetic from a justice minister,” he said on X. “It is not members of the public who kill whistle-blowers and witnesses, it’s politically connected thugs who operate with impunity and don’t need a TV set to know when their interests are threatened.”

Veteran broadcaster Redi Tlhabi accused Kubayi of offering an oversimplified response to a deeply complex issue. “These knee-jerk, superficial reactions to complex and deep-rooted issues are not helpful,” she wrote. “When they come from leaders, they are even more dispiriting because it means their grasp of the problem is fundamentally flawed.”

Public Reaction Intensifies as Kubayi Defends Her Position

Kubayi rejected claims of a knee-jerk response, insisting her concerns stem from the commission’s original preference for in-camera testimony.

“We must review the process so the list of killed whistle-blowers doesn’t increase,” she said. “I’m duty-bound to reflect when such instances happen and review the process. I am a patriotic South African.”

Social media users continued to push back:

“So many whistle-blowers have been killed and they have never appeared in any commission. The minister is probably to be a simpleton.”

“His identity was hidden, come on now! And it [is] not a wise idea to come to [a] conclusion that his assassination comes as a result of his testimony when we don’t even have one suspect in custody…”

“Minister, with due respect, your patriotism is irrelevant to the issue at hand… The premature conclusion of causality between publicly broadcast testimony and an assassination…”

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“Even if witnesses were to testify in camera, those implicated would know them period. Just arrest these criminals and oppose bail.”

“Based on testimonies alone… accused people can easily identify witnesses.”

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