Amnesty International Urges Review of Madlanga Commission Witness Protection After Tragic Killing of Marius van der Merwe
Amnesty International South Africa has raised serious concerns about the balance between transparency and safety in the Madlanga Commission following the shocking assassination of Marius van der Merwe, known as Witness D. Communications officer Genevieve Quintal stressed that while secret testimonies could harm openness, the current witness protection system falls short and needs urgent fixes. Van der Merwe’s death has sparked fears that more people might hold back from speaking out, putting the commission’s work at risk.
As South Africa grapples with threats to those fighting corruption, calls grow for stronger laws to shield whistleblowers and human rights defenders. This comes amid ongoing debates on how to protect brave individuals without shutting down public access to vital information.
The incident highlights deep issues in the country’s justice system, where past killings of whistleblowers have gone unsolved. With draft laws on protections in the works, experts say quick action is key to rebuild trust and ensure inquiries like Madlanga can uncover the truth without more lives lost.
Condemnation of the Killing as an Attack on Justice
Amnesty International South Africa has strongly condemned the killing of Marius van der Merwe, calling it a direct blow to justice and accountability in the nation. The attack happened outside his Brakpan home, where he was shot in front of his family just weeks after his key testimony. Quintal pointed out that this act not only silences one voice but scares others from coming forward. “This really being an attack on justice accountability and this deterring future witnesses from coming forward out of fear,” she said.
Van der Merwe’s evidence exposed alleged cover-ups in police ranks, making his death a stark reminder of the dangers faced by those who speak up. Similar cases, like the unsolved murder of Babita Deokaran in 2021—who blew the whistle on health sector graft—and the killings of figures linked to underworld probes, show a worrying pattern. These incidents underline how threats and violence can weaken efforts to root out wrongdoing.
Shortcomings in South Africa’s Witness Protection System
Quintal assessed the current witness protection setup as inadequate, noting it is often too invasive for many to accept. People must uproot their lives, leaving behind family, jobs, and communities, which leads to declines like Van der Merwe’s. “Witness protection is not the only form of protection, right? Um, as as we’ve heard as well, it’s very invasive. A lot of people don’t want to go into witness protection. It’s going into hiding, it’s either leaving your family behind, your work, etc.”
She called for broader mechanisms, drawing from global standards like the Universal Declaration of Human Rights, which protects free speech and safety. Whistleblowers fall under human rights defenders, needing tailored safeguards. Amnesty has pushed for specific laws to cover this group, including risk assessments and flexible options beyond full relocation.
South Africa’s system, run by the National Prosecuting Authority, has faced criticism for leaks and poor follow-up. Past reviews show cases where protected witnesses still faced harm due to insider threats. Quintal urged looking at model laws from other countries that offer community-based protections or tech monitoring to keep people safe without isolation.
Draft Legislation and the Need for Strong Implementation
Justice Minister Mmamoloko Kubayi mentioned that draft laws to protect whistleblowers are in final stages, but Quintal stressed the gap between paper and practice. “I know that the justice minister Mamaluka Kubay had said yesterday that the draft legislation with regards to protecting whistleblowers is in its final stages. But you know it’s the number of times we hear things like that because it’s going to be moving it from paper to action as well which becomes absolutely uh critical.”
The 2023 discussion document aims to strengthen existing rules under the Protected Disclosures Act, adding better oversight and penalties for breaches. It does not push for entirely new taxes or laws but focuses on fixing what’s there. However, Quintal warned that without solid accountability—who watches those who must enforce it?—even good rules fail. She cited gender-based violence laws as an example: strong on paper but weak in rollout due to poor follow-through.
Implementation challenges include funding shortages for programmes and training gaps for officials. Stronger mechanisms could include independent oversight bodies to check how protections work in real cases, ensuring quick fixes when things go wrong.
Breaches of Human Rights Obligations in Witness Vulnerabilities
Quintal highlighted how failing to protect witnesses breaks both local and international rights. South Africa’s Constitution guarantees the right to life, justice, and security, yet these are violated when people are gunned down for speaking out. “Fundamental rights like your right to life, your right to justice, your light, your right to security, um all these things are actually being violated when people are being gunned down.”
On the global front, South Africa has signed treaties like the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. These put whistleblowers at the centre as defenders, requiring states to shield them from harm. The Universal Declaration of Human Rights also backs free speech and safety. Breaches happen when inquiries leave people open to intimidation or worse, as seen in cases from the Zondo Commission onwards.
Past killings, such as Babita Deokaran’s drive-by shooting after exposing hospital tender fraud, and the unsolved murders of anti-corruption activists, show a trend. These violations not only harm individuals but weaken democracy by scaring off those who could expose graft.
Balancing Transparency and Confidentiality in Commissions
A big worry is how to keep commissions open without risking lives. Quintal said shutting testimonies behind closed doors could hurt transparency, which is key for public trust. “Everyone has the right to access to information and and in a commission like this is so important. We’re at a critical time. We unra, we’re trying to unravel this web of of corruption that’s, you know, that’s t that seems to have taken hold in our criminal justice system.”
Van der Merwe testified in camera, yet his identity leaked, leading to calls for better rules. Quintal suggested reviewing all mechanisms without barring public access. “It’s not for us to say no, they mustn’t testify on camera. No, they mustn’t. It’s to go look at back at all their protection mechanisms. um everything they’ve got in place um and and do an assessment from there and come back.”
The challenge is ensuring witnesses feel safe to give full details while keeping the process believable and open. If people withhold info out of fear, the commission’s findings suffer, risking its credibility. “The fear is and I think we’ve all said it is that people stop coming forward or they um withhold some information because they’re scared if they provide certain information something’s going to happen to them. Um and that’s where the the risk comes in and maybe that is a risk to the credibility because we’re not then maybe we maybe we don’t get the full story.”
Calls for Innovative Protections and Expanded Investigations
When witnesses like Van der Merwe decline standard protection—running his own security firm might have made him feel safe—Quintal stressed the need for creative options. “Every effective protection measures need to be informed by a comprehensive risk analysis. Everyone has a different risk and everyone has different needs and so it can’t be and I think I heard Aldren saying it cannot be one sizefits all.”
This means tailored plans, like tech surveillance or community watches, based on individual threats. Specific laws could mandate these assessments, ensuring no one is left exposed.
On expanding the commission’s mandate to probe syndicate ties in places like the EMPD, Quintal suggested police-led investigations instead. “Does it need to be another commission? If there is, shouldn’t police start doing an investigation? Because, as we know, the um evidence collected in the commission cannot be used in a criminal case.”
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