South Africa’s justice system is facing renewed scrutiny as concerns escalate over the safety of witnesses and whistleblowers following the murder of Marius van der Merwe, who had testified as a key witness at the Madlanga Commission, which was established to investigate complaints and alleged misconduct in the country’s judiciary.
Known publicly as Witness D, Van der Merwe’s death has intensified fears over the protection of individuals who step forward to expose corruption and criminal networks.
During a high-level briefing on key justice sector developments, Minister of Justice and Constitutional Development Mmamoloko Kubayi delivered a strong message: the country can no longer ignore the risks faced by individuals who step forward to expose corruption and criminal networks.
Addressing the media, Kubayi said she is pushing for an immediate review and possible suspension of live broadcasts of sensitive commission hearings, arguing that public exposure can endanger witnesses.
“I fear for the witnesses, and this is why,” she explained.
“Many whistleblowers will tell you that when their stories are shared publicly, those implicated can easily identify them. Minimising exposure is critical.”
Kubayi emphasised that the initial recommendation for in-camera sessions was based on clear evidence of potential risks. The recent killing of a witness has intensified the urgency.
She also expressed deep concern about how quickly media and social platforms linked the deceased individual to the label “Witness D”.
“It’s extremely worrying that media and social media were running that Witness D has been killed. How did they know this person was Witness D?” she asked.
“It suggests that people who heard the testimony might have made the connection.”
This incident has fuelled fears that witness identities remain vulnerable, even when commissions attempt to protect them. In response to the crisis, Kubayi confirmed that a new Protected Disclosure Bill is being finalised.
The legislation aims to strengthen legal protections for whistleblowers, enhance anonymity provisions, close gaps that expose witnesses during high-profile investigations and modernise systems used to safeguard testimony.
“This new legislation goes into detail and strengthens protection for our whistleblowers,” Kubayi said.
Media Monitoring Africa’s William Bird also responded by saying the commission must carefully balance public transparency with witness protection, acknowledging the minister’s concerns while emphasising the importance of open justice.
Kubayi’s briefing marks her first year in office, during which she has focused on expanding access to justice and modernising digital systems.
Driving reforms across courts and commissions, strengthening case management and accountability, however, the killing of a witness has overshadowed these achievements and placed the safety of whistleblowers at the heart of South Africa’s national conversation.
anita.nkonki@inl.co.za
Saturday Star