Marius van der Merwe's assassination: The alarming tactics of criminal cartels infiltrating witness protection programmes

The gunning down of security boss Marius van der Merwe on Friday was another grim reminder that criminal cartels can get to wherever you are, according to experts.

Dr Chris De Kock, a security expert, said the majority of police and law enforcement agencies were in the pockets of syndicates.

De Kock believes that due to the money cartels make from their corrupt dealings, they will stop at nothing to protect their trade and turf.

“People make a lot of money through illicit activities. If you have this kind of money and influence over police and prosecutors, they can do anything."

So, the witness protection might not have worked in van der Merwe's case. “I don’t think this will be the last murder regarding this situation,” said De Kock.

Another security expert from the Institute for Security Studies (ISS), Willem Els, shared De Kock’s sentiments that witnesses going into protection might be futile, given the influence of cartels.

“The cartels wield a lot of influence. They can get to you wherever you are and at any time. These safe houses are now under the National Prosecuting Authority (NPA). With some of the prosecutors in the pockets of cartels, it’s very easy for them to get to whistleblowers.”

He said that witness protection could work, depending on the tightness of security and secrecy surrounding it.

However, Els alluded that in most cases where it worked, the houses are often exposed by the witnesses themselves.

“When you are taken to these houses, you are moved to a new location, given a new name, and expected to stay there for months without your family. When this happens, witnesses tend to call their family members, and that’s how their location gets exposed,” said Els.

Van der Merwe’s murder sparked debate and concerns about witness protection in South Africa, with many questioning the government’s commitment to safeguarding those who dare to expose corruption.

He was known as "Witness D" when he testified at the Madlanga Commission in November, and was fatally shot outside his home in Brakpan, Gauteng.

The former officer with the Ekurhuleni Metropolitan Police Department implicated high-ranking officials involved in illegal activities, linking them to mining syndicates, commonly referred to as zama zamas.

Minister of Justice and Constitutional Development Mmamoloko Kubayi claimed that Van der Merwe refused witness protection due to him having his own security company.

However, sources close to Van der Merwe's family disputed that narrative. They asserted that he would have accepted protection if it had genuinely been offered, especially since there was a previous attempt on his life.

According to reports, Van der Merwe's wife expressed her bewilderment over the minister's claims, stating she was unaware of any refusal of protection on her husband’s part.

The intimidation tactics used against the head of Crime Intelligence, Lieutenant General Dumisani Khumalo, another witness at the Commission, was another concerning incident.

Although police dismissed the allegations that he was poisoned, Khumalo fell ill unexpectedly on October 1 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. 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 (Senzo Mchunu), 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.

DAILY NEWS