The murder of whistle-blower Marius van der Merwe and the intimidation tactics used against the head of Crime Intelligence, Lieutenant General Dumisani Khumalo -two witnesses at the Madlanga Commission have raised concerns about the country’s witness protection system.

Van der Merwe was shot multiple times in full view of his family outside their Brakpan home on Friday.

He gave testimony before the Commission about the torture and interrogation of a Mozambican suspect at an unofficial site in Brakpan.

He alleged that a group of Ekurhuleni Metro Police Department (EMPD) officers with private security had been involved in the death of the man using methods, including tubing, regarded as torture and Van der Merwe said he was forced to dump the body into a dam.

Although police dismissed the allegations that he was poisoned, Khumalo fell ill unexpectedly on October 1, 2025, while testifying at the Commission, which is investigating corruption and political interference within the justice system. His illness led to an adjournment of the commission’s hearings. 

The speculation arose due to the sensitive nature of his testimony, in which he implicated high-profile businessmen and claimed the deep infiltration of organised crime cartels into the police ministry and justice system.

Khumalo linked his immediate superior, Lieutenant General Shadrack Sibiya, to gang bosses and criminal cartels, alleging he used a junior officer to collect cash payoffs.  He presented CCTV footage and photographs allegedly showing the officer collecting money from murder-accused businessman Katiso “KT” Molefe’s mansion. 

He also testified that the disbandment of the Political Killings Task Team (PKTT), which he led, was a deliberate move to derail ongoing investigations into the “Big Five” cartel and that Police Minister Senzo Mchunu failed to follow proper procedures.

Khumalo presented WhatsApp messages and evidence suggesting a close relationship between alleged crime kingpins, such as Vusimuzi “Cat” Matlala, and political figures, including an associate of the Police Minister, Brown Mogotsi.

On the other hand, Van der Merwe provided crucial testimony that implicated suspended Ekurhuleni Metropolitan Police Department (EMPD) Deputy Chief Julius Mkhwanazi in an alleged murder cover-up. He testified that Mkhwanazi was involved in covering up the torture and death of an unnamed suspect in Brakpan in June 2022. He claimed Mkhwanazi instructed him to dispose of the body in a dam.

During his anonymous testimony, Van der Merwe expressed fears for his life, stating he felt he would be “next” if he did not go along with the conspiracy. 

Less than three weeks after his testimony, he was killed.

Political analyst Zakhele Ndlovu said this clearly shows that there is no functional system to protect witnesses and whistle-blowers. 

“Think of Babita Deokaran. It’s even worse for those implicating law enforcement agents,”  he said. 

Reacting to the shocking murder of Van der Merwe, Justice Minister Mmamoloko Kubayi told the media that there is a need to review how testimony was given at the commission before suggesting that testimonies be given behind closed doors. Media houses previously challenged this amid concerns of public interest, transparency and accountability.

Ndlovu said it would make sense for witnesses to testify in camera in order to protect their identity.   

“It will help somewhat, but it’s too late now – the damage has been done.”

Another political analyst, Professor Sipho Seepe, said this reflects the lapse in the system as such witnesses should have been placed in the witness protection programme.

“It should, however, be stated that no system is foolproof,’’ he said. 

Security expert Andy Mashile said even if witnesses testify in camera, they would still be identified by those who know their voices. 

Mashile said the Commission offered everyone protection, adding that some accepted while some declined the invitation to be under the witness protection programme. 

The National Joint Operational and Intelligence Structure (NATJOINTS) said it would enhance the Commission’s security operational plan.

manyane.manyane@inl.co.za

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