The fatal shooting of Marius “Vlam” van der Merwe, known as Witness D at the Madlanga Commission of Inquiry, has raised renewed concern about the protection of individuals who come forward with evidence against state officials.
Van der Merwe, a 41 year old security company owner, was gunned down outside his Brakpan home on Friday evening in front of his family. Police confirmed that the attackers used an AK-47 and fled in a white Nissan NP200 with a canopy. A manhunt is under way.
Although he had testified before the commission last month about a 2022 incident central to its investigation, Van der Merwe was not enrolled in the state’s witness protection programme. The government has stated that he declined the offer.
However, legal experts argue that the state still carried a responsibility to safeguard him. Speaking to Newzroom Afrika, Dr Johandri Wright of the Dullah Omar Institute said the law draws a clear distinction between whistleblower and witness protection, noting that the latter offers broader security measures.
She explained that whistleblower protection mostly covers workplace related repercussions, while witness protection under the Witness Protection Act provides physical safety for those giving evidence before official bodies.
Wright stressed that even though Van der Merwe had refused to enter the formal witness protection programme, the state still had a constitutional obligation to ensure his safety.
She said the country’s current legal framework leaves significant gaps in the protection of whistleblowers and witnesses, particularly when individuals opt not to join the formal programme.
According to her, alternative protective measures could have been put in place, including visible policing around his home, although she cautioned that the effectiveness of any protection depends on the strength of the institutions enforcing it.
Concerns have long been raised about weaknesses within the South African Police Service, and Wright suggested that limited institutional capacity further restricts the practical protection available to individuals who expose wrongdoing.
Van der Merwe became known as “the man with the bakkie” after testifying that suspended Ekurhuleni Metro Police Department acting chief Brigadier Julius Mkhwanazi allegedly instructed him to remove the body of a suspect killed by metro police officers in what he described as an attempted cover up.
His killing has intensified calls for stronger, more reliable protection mechanisms for whistleblowers and witnesses involved in sensitive cases.
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