By Johnathan Paoli
Justice and Constitutional Development Minister Mmamoloko Kubayi has confirmed that Marius “Vlam” van der Merwe, known publicly as Witness D in the Madlanga Commission, declined state protection despite it being offered.
Van der Merwe, a Brakpan-based security industry figure and former metro police official, was assassinated on Friday evening, sending shockwaves through the country and prompting renewed scrutiny of South Africa’s witness protection regime.
Speaking during a media briefing on Saturday, Kubayi began by expressing condolences to the Van der Merwe family, acknowledging the gravity of the loss and the fear it has triggered among witnesses cooperating with the commission.
“We send our sincere condolences to the family of Mr. Marius van der Merwe, known as Vlam…..Our thoughts and prayers are with his family and friends during this difficult time,” Kubayi said.
She confirmed that Adv Sandile Khumalo, responsible for security at the Madlanga Commission, informed her that Van der Merwe had been offered protection, but declined, believing he did not need it because he owned and operated his own security company.
Kubayi said the tragedy had intensified concerns about the safety of individuals assisting the inquiry, which is probing allegations of corruption, political interference, and criminality within the criminal justice system.
The minister said the government is deeply troubled that members of the public and media were able to identify Van der Merwe as Witness D, despite the commission’s efforts to shield his identity.
“I didn’t know, commissioners didn’t know who Witness D is. The fact that within a testimony his identity could be linked to him, while he was not publicly identified, worries us a lot,” she said.
Kubayi revealed that the commission had initially planned to hold sensitive testimonies in camera but revised this after being threatened with litigation, including by news media organisations.
She urged the media and public to understand the need for striking a balance between transparency and safety, warning that unrestricted exposure could jeopardise the fight against organised crime.
“We believe at this point we must recognise, as patriotic South Africans, that public-interest information cannot supersede the right to life,” she said.
“If transparency is going to supersede protection, we will not achieve the protection of witnesses in this country. Our fight against corruption and organised crime will be compromised.”
Kubayi said the forthcoming Protected Disclosure Bill will form a critical part of the government’s response, providing stronger legal mechanisms to safeguard whistleblowers and link them more effectively to existing witness-protection infrastructure.
She confirmed the bill has been finalised and is now undergoing legal evaluation within the technical structures, with Cabinet expected to consider it before the end of the financial year in March next year.
Kubayi urged Parliament to prioritise the legislation, stressing that South Africa urgently needs a modernised framework to protect those who step forward to expose wrongdoing.
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