Lead Investigator Breaks Silence As Key Witness In Emmanuel Mbhense Murder Is Killed After Madlanga Commission Testimony

The lead investigator probing the killing of Emmanuel Mbhense has revealed her deep unease after learning that her key witness would testify publicly before the Madlanga Commission — weeks before he was shot dead.

Nomsa Masuku told the commission she had worked hard to shield the witness, known as Marius “Vlam” van der Merwe, or Witness D, due to the risks surrounding the explosive case.

Key Witness Killed After Testifying at Madlanga Commission

Van der Merwe appeared before the Madlanga Commission in November 2025. He was gunned down the following month.

Addressing commissioners on Thursday, Masuku did not hide her distress.

“Commissioners, I want to be honest, I was not happy when [Witness D] came to give evidence because I was protecting him as well. I told the evidence leader that my heart is sore,” Nomsa Masuku said at the hearing on Thursday.

During his testimony, Witness D described how Mbhense was allegedly tortured to death by officials from the Ekurhuleni Metropolitan Police Department (EMPD) and the South African Police Service (SAPS).

He told the inquiry that after Mbhense died, those present contacted suspended Ekurhuleni police chief Julius Mkhwanazi, who allegedly instructed them to dump the body in a river.

Witness D said he believed the instruction was directed at him, and he used his vehicle to dispose of the body.

Masuku explained that she first recorded Witness D’s statement in 2022 and deliberately kept it confidential to protect his life.

Investigation Delays, Prosecutorial Decisions and Mounting Threats

Masuku said the case faced significant delays due to the manner in which police initially handled the matter after Mbhense’s body was found. She also cited the National Prosecuting Authority’s earlier refusal to prosecute based solely on Witness D’s statement.

The lead investigator further revealed that she and her team had faced intimidation while pursuing the case.

In one incident, she was travelling with her family when her vehicle came under fire. Her son, who was driving at the time, sustained severe injuries and was left wheelchair-bound. He has only recently begun attempting to walk again.

Masuku said she was targeted again in December 2024. “My vehicle was shot at while I was travelling with my family along the N17,” she said, adding that she could not say if the shooting and threats were a results of the Mbhense case, as she deals with a number of highly sensitive matters.

Despite the setbacks, Masuku expressed confidence in the strength of the case. “It was worth it [to investigate completely] because if we make an arrest now … our docket is ready for trial. And if we go to court, a trial date will be set soon and we are sure that we will be getting a conviction on this matter,” she added.

She emphasised that arrests should follow thorough investigations aimed at securing convictions, acknowledging public frustration over the delays.

Masuku also disclosed that two additional law enforcement officials have now been added to the list of suspects.

NPA Decision Pending as Death Toll in Mbhense Case Rises

On Wednesday, Thuso Keefelakae, acting head of investigations at the Independent Police Investigative Directorate (Ipid), told the commission that the National Prosecuting Authority is expected to announce its decision on prosecution before the end of the month.

Police investigations have established that 12 people were present at the scene when Mbhense was killed. According to national police spokesperson Brigadier Athlenda Mathe, four of those individuals have since died.

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Among them was Constable Raymond Mzwakhe Khoza, 36, an EMPD officer, who was shot dead at his Tsakane home in October 2023 after responding to a neighbour’s call for help. Police informant Jaco Hanekom was killed at a filling station in March 2023.

Before his own death in December, Witness D implicated Wiandre Pretorius in Mbhense’s killing. Authorities later identified Pretorius as a person of interest. Over the weekend, Pretorius shot himself dead days after surviving an apparent attack in which his vehicle was riddled with bullets.

Masuku maintains that once the matter proceeds to court, the investigation team is prepared.