Madlanga Commission Witness Declined Protection Before Murder, Claims Minister Kubayi

Justice Minister Mmamoloko Kubayi has confirmed that Marius van der Merwe — the whistleblower shot dead outside his Ekurhuleni home — had turned down a formal offer of witness protection from the Madlanga Commission.

Kubayi told journalists on Saturday that Van der Merwe refused all security interventions, opting instead to rely on his own private security company.

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“He was offered protection, which he declined,” Kubayi said. “He didn’t think he needed it, and he runs his own security company.”

Van der Merwe was killed on Friday night, sending shockwaves through the commission, which is probing alleged corruption and abuses within the Ekurhuleni Metro Police Department (EMPD).

Government Alarmed Over Witness Exposure

The late security businessman had testified last month, alleging that suspended EMPD acting chief Julius Mkhwanazi instructed him to dispose of the body of a suspect killed by officers to conceal their involvement.

Kubayi said the killing has forced the government to urgently reconsider procedures around identifying, protecting, and allowing witnesses to testify. She criticised the breakdown that allowed Van der Merwe’s identity to become public, saying even commissioners had not anticipated the exposure.

“We are deeply concerned that his identity became known,” she said. “If transparency supersedes protection, we will not achieve witness safety in this country. Our fight against corruption and organised crime will be compromised.”

The minister noted that the commission initially planned to hear certain testimony in camera but abandoned the approach after media organisations threatened legal action. The government now wants this decision revisited to prevent further risks to witnesses.

Calls for Stronger Safeguards and Accountability

Kubayi appealed to the public and media to understand the seriousness of the situation.
“Public interest can never come above the right to life… We must review how testimony is handled to ensure no other witness is exposed.”

President Cyril Ramaphosa expressed condolences to Van der Merwe’s family, commending his bravery and pledging stronger protections for whistleblowers.

“We will redouble our efforts to protect witnesses before the Madlanga Commission and the Commission itself,” he said, calling for a thorough investigation to find the perpetrators.

The commission of inquiry has also condemned the killing and extended its deepest sympathies to the Van der Merwe family.

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