Some of the witnesses have, sources say, already received threats.
The Madlanga Commission has been thrown into disarray, with several witnesses expressing their intention to withdraw from testifying after the murder of Marius van der Merwe on Friday evening.
Van der Merwe, who appeared at the commission last month as witness D, was shot in an apparent hit outside his Brakpan, Gauteng, home.
The shooting occurred just after 8pm, when at least two men reportedly approached Van der Merwe and his family when they had just arrived home. They opened fire, shooting him in the head and leg, and then fled the scene, leaving his wife and children unharmed.
Police confirmed that an AK-47 automatic rifle was used in the shooting.
Witnesses fear for their lives, ready to pull out of commission
It is understood that no official protection was offered to Van der Merwe after his testimony, and that he believed his days were numbered after surviving an apparent hit two weeks ago. The justice ministry denied this, saying Van der Merwe was offered but declined protection.
The Citizen has learnt that witnesses who have yet to testify have also not been given protection and now fear for their lives.
Some of the witnesses have, sources say, already received threats.
One witness claimed their home had been broken into recently, just days after they found their alarm system had been tampered with.
The witness has also apparently been followed and has hired private security to protect themselves and their family.
Another said they had incriminating evidence that they wanted to present to the commission, but feared they would be next on the hit list.
The commission has not responded to The Citizen‘s request for comment on witness safety, and concerns that they may withdraw from proceedings. Any update will be included once received.
It did extend its “deepest condolences to the van der Merwe family”.
“The commission would like to acknowledge Mr Van der Merwe’s contribution towards uncovering serious allegations of criminality and corruption in the Ekurhuleni metropolitan municipality and Ekurhuleni Metropolitan Police Department (EMPD).”
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Will witnesses be given protection?
National Police Commissioner General Fannie Masemola has ordered an urgent National Joint Operational and Intelligence Structure (Natjoints) meeting for Saturday to discuss witness protection in the aftermath of Van der Merwe’s death.
Natjoints is among the most senior security cross-department organisational teams in the country and recently oversaw the safety of international heads of state at the G20 leaders’ summit in Johannesburg. It includes officials from the police, the military, and state security.
The meeting will “discuss and look at ways of improving and or enhancing the safety and security of commission officials as well as all witnesses.”
“General Masemola will utilise the opportunity to also discuss efforts to improve and enhance safety and security measures for all role-players at the Madlanga Commission of Inquiry,” added the justice, crime prevention and security cluster.
Ramaphosa vows action
President Cyril Ramaphosa acknowledged that testimony at the commission had “angered elements in our society who want to undermine the rule of law and set back the quest for truth and consequences in the fight against corruption”.
He said that the government would respond by “redoubling” efforts to protect whistle-blowers, including witnesses before the Madlanga Commission.
“They serve the nation with bravery in the face of criminal threats.”
Kubayi: We need to review how witnesses testify
Minister of Justice and Constitutional Development Mmamoloko Kubayi said on Saturday that the government was reviewing how testimony was given at the commission.
“I want to say to the nation that we are in agreement that there is a need for us to review how the witnesses are testifying at the Madlanga Commission following this incident, and also ensuring the work is not compromised.
“We must recognise, all of us patriotic South Africans, that public interest information cannot supersede or be above the right to life.”
She claimed that she, her department, and even some commissioners did not know the identity of witness D, but the media did. She said this was a concern.
However, those in the security industry rubbished this, claiming the commission’s attempts to hide his identity were flimsy, and it was immediately obvious who he was once he started testifying.
She acknowledged that she feared for witnesses before bizarrely slamming the media for its coverage of the commission and Van der Merwe’s death. She seemed to suggest that all testimony be done behind closed doors and without media coverage. This would bring concerns of transparency and accountability.
Van Der Merwe’s testimony
Van der Merwe testified at the Madlanga Commission in November that suspended EMPD deputy chief, Julius Mkhwanazi, had ordered him to dispose of the body of a suspect who died in police custody in 2022.
Fearing for his life, he said he complied with the order and dumped the body in a dam.
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