Circumstances around Mbense’s murder surfaced publicly last year during testimony before the Madlanga Commission of Inquiry.
Police watchdog Independent Police Investigative Directorate (Ipid) has allegedly admitted to the family of a Brakpan man allegedly tortured to death in police custody that investigators feared for their lives, leading to a nearly four-year delay in the case.
52-year-old Emmanuel Mbense died on 15 April 2022 after he was allegedly tortured by members of the South African Police Service (SAPS), Ekurhuleni Metro Police, and private security officers.
According to AfriForum’s Private Prosecution Unit, which represents Mbense’s family, an Ipid investigator told relatives that threats to investigators’ lives had hindered progress in the case. The alleged admission follows years of assurances that the investigation was at an advanced stage and that arrests were imminent.
Mbense murder
Circumstances around Mbense’s murder surfaced publicly last year during testimony before the Madlanga Commission of Inquiry.
The late private security officer, Marius van der Merwe, who testified as “Witness D” to protect his identity, admitted to participating in the torture, detailing how Mbense was pinned down with a broken table leg while another officer suffocated him.
Van der Merwe said he was instructed to help dispose of Mbense’s body in a dam.
His body was discovered the following day at Duduza Dam in Nigel, with his car keys and driver’s licence in his pocket.
On 5 December 2025, just days after his evidence, Van der Merwe was gunned down in the driveway of his Brakpan home, raising further concerns about witness intimidation and the safety of potential state witnesses.
Ipid came under fire after the assassination, with questions whether his death could have been averted had the police watchdog acted swiftly in investigating Mbense’s murder.
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Ipid’s capacity issue
Head of AfriForum’s Private Prosecution Unit, Advocate Gerrie Nel, has questioned Ipid’s capacity to confront violent crime.
“Must we accept that Ipid is incapable of investigating and arresting ‘dangerous’ criminals?” he asked in a recent letter to the watchdog.
Nel said Ipid had been aware for years that investigators were allegedly receiving threats, that a key witness feared for his life, and that suspects were known.
“Still, they failed to act decisively. After nearly three years, no suspects have been arrested, and one suspect, possibly a section 204 witness, has been murdered,” he said.
The unit has warned it may pursue charges of defeating the ends of justice once the full reasons for the delay become clear.
AfriForum spokesperson Barry Bateman said investigators who retreat in the face of threats effectively render violent perpetrators untouchable.
“It is disgraceful that a murder victim’s family would be told the suspects remain free because investigators are too afraid,” he said.
The unit has again demanded a meaningful update from Ipid, warning that continued inaction may have placed others at risk.
Last month, Lizzy Suping, Ipid spokesperson, said the investigation of the case was in its final stages, but there has been nothing to show for it yet.
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