Assassination of key witness adds to mounting pressure on police in South Africa

The murder of a witness who testified before the Madlanga Commission of Inquiry will further diminish the public’s trust in the police’s ability to protect whistleblowers and may discourage others from testifying.

This is according to Professor Nirmala Gopal, a criminologist at the University of KwaZulu-Natal.

Marius van der Merwe, who testified in camera before the commission investigating the alleged capture of the criminal justice system and was known as Witness D, was killed in a shooting outside his home on Friday, 5 December.

“The murder of Witness D will diminish the public’s trust in the South African Police Service (SAPS) even further in terms of its ability to protect witnesses,” Gopal said.

This will also affect those who want to come forward and provide the evidence not only to the commission but also for other investigations as well.

Survey data from the Human Sciences Research Council’s data shows trust in the police has remained “exceptionally low”, with only 22% of South Africans expressing trust in SAPS in 2022, 2023 and 2024/25.

Meanwhile, 62% reported having no trust at all. Citing the 2022 Afrobarometer survey, the authors note that six in 10 citizens (61%) say that ‘most’ or ‘all’ police are corrupt,” a reflection of a “severe breakdown in trust”.

Witness D is just one of the many whistleblowers to have been killed after either coming forward or threatening to expose corruption within South Africa’s public sector.

Earlier this year, Mpho Mafole, the City of Ekurhuleni’s chief auditor, who was investigating a R1.8 billion chemical toilet tender, was gunned down while driving on the R31.

Van der Merwe’s assassination was a similar type of hit.

According to Gauteng Acting Provincial Commissioner, General Fred Kekana, Witness D arrived at his home with his wife at half past eight on Friday night, and got out of his vehicle to open the gate.

As he did so, he was shot. “The wife was not hurt. Only two shots were fired. The people who were inside the house confirmed the same, and the assailant disappeared,” Kekana added.

“We have mobilised all the necessary resources, from national and provincial forensic ballistics.”

“Every team is here to ensure that no stone is left unturned and that no evidence that may assist the investigation is overlooked, uncollected or unanalysed.”

“The provincial serious violent crime team is here, including the commander and the provincial head. They are busy at the scene, gathering all necessary evidence and working with forensics and IPID.”

Witness D’s testimony involved allegations surrounding the 2022 murder of a robbery suspect in Brakpan and the alleged cover-up thereof. Those implicated included suspended Ekurhuleni Metro Police Department acting chief Julius Mkhwanazi.

Van der Merwe was the owner of a private security company called QRF Task Team.

Spotlight on City of Ekurhuleni

Alleged corruption within the City of Ekurhuleni has become a central focus point for the commissioners, with several former and current members of the municipality’s top brass testifying.

At the beginning of November, Mkhwanazi was suspended after being implicated in the Madlanga Commission’s investigation into allegedly entering into fraudulent memoranda with tenderpreneur Vusimuzi “Cat” Matlala’s private security company.

An internal probe by the metro followed and found that the matter was investigated by IPID back in 2023, with disciplinary action against Mkhwanazi being recommended but not implemented.

Since Mkhwanazi’s suspension, testimonies in the Madlanga Commission have alleged that the suspended EMPD chief was being protected by high-ranking officials within the municipality.

These include Ekurhuleni’s head of legal, Kemi Behari, head of human resources, Linda Gxasheka, and former city manager, Dr Imogen Mashazi.

Former EMPD Deputy Police Chief Revo Spies described the department as a “criminal enterprise.”

During his testimony, he alleged that Behari protected Mkhwanazi and other corrupt officers.

Former Ekurhuleni director of employee relations, Xolani Nciza, who testified the day before Spies, alleged that Behari required all investigations into Mkhwanazi to obtain his approval first.

He also pointed to the R600,000 salary hikes received by Behari and Gxasheka, which he believes were intended to incentivise support for former city manager Dr Imogen Mashazi.

Suspended EMPD chief Jabulani Mapiyeye told the commission that all his attempts “to discipline Mkhwanazi were frustrated by Mashazi, Gxasheka, and Kemi Behari.”

“In fact, these attempts led me to be suspended on numerous occasions, culminating in disciplinary charges for alleged sexual harassment being levelled against me in November 2024.”