Justice Minister Calls for Urgent Reform After Murder of Key Whistleblower

South Africa’s Justice Minister and Minister of Justice and Constitutional Development, Mmamoloko Kubayi, has sounded a strong warning about the dire vulnerability of whistleblowers following the brutal killing of Marius van der Merwe, a key witness who testified before the Madlanga Commission of Inquiry. Van der Merwe, known for exposing corruption networks and illegal mining operations, was gunned down outside his home last Friday, in full view of his family. His assassination came just months after surviving a previous attempt on his life, raising alarm about the escalating dangers faced by those who step forward with crucial evidence.

The murder has amplified national calls for more robust and enforceable legal protections for whistleblowers. Although investigators have not conclusively linked the killing to Van der Merwe’s testimony, the Justice Minister emphasised that the circumstances nevertheless send a chilling message to other witnesses who may fear similar retaliation.

“The killing of Mr Van der Merwe is sad because it definitely sends a message to witnesses that we can get to you, we would be brazen about it,” Kubayi stated. “As much as they are saying it’s not directly linked to the commission, or there has not been a positive link, but the fact that he testified does send a message.”

Her remarks underscore a growing crisis: whistleblowers often face retaliation, intimidation, and life-threatening danger, yet existing legal frameworks fail to adequately safeguard them once they provide evidence.

Justice Minister Kubayi Pushes for Immediate Action

In response to the heightened risks, the Justice Minister revealed that she has instructed the Madalanga Commission to urgently review the status of all witnesses—those who have already testified and those who are scheduled to appear. The aim is to ensure that everyone involved is accounted for, adequately protected, and supported in the period following their disclosures.

“So, what we have done was to request the commission to interact with everybody that has been protected, that is not protected, to make sure that they are okay,” Kubayi explained. She stressed that this includes witnesses who have already provided testimony as well as those “with critical information” who may be at heightened risk.

The Justice Minister noted that the immediate priority is to prevent further harm and avoid any disruption to the commission’s critical work. Ensuring the safety of witnesses, she said, is essential to maintaining the integrity of the investigative process.

While addressing Van der Merwe’s murder, the Justice Minister also drew attention to long-standing gaps in whistleblower protections. Despite existing mechanisms such as the Protected Disclosures Act, Kubayi warned that current laws fall short—especially regarding ongoing protection after whistleblowers come forward.

She emphasised that many individuals who expose corruption or criminal conduct remain vulnerable during and after investigations, with no clear legal framework guaranteeing their safety. “We do not currently have mechanisms in place legally that support whistleblowers,” Kubayi acknowledged, highlighting a major flaw within the justice system.

To address this, Cabinet is advancing proposals for a new Protected Disclosure Bill. According to the Justice Minister, the bill aims to provide stronger legal backing for whistleblowers, establish clearer protection protocols, and create a formal oversight system that is linked to the judiciary. The goal is to ensure that whistleblowers have comprehensive and enforceable rights—not only when they disclose information but throughout the entire investigative and post-testimony process.

This reform, Kubayi stressed, is crucial for strengthening accountability across government, law-enforcement agencies, and public-sector institutions.

Van der Merwe’s assassination has also reignited debate over the broader deficiencies within South Africa’s witness-protection system. Civil-society organisations, legal experts, and activists have repeatedly warned that whistleblowers remain exposed to intimidation and violent retaliation, especially when they uncover activities linked to powerful criminal syndicates or entrenched corruption networks.

The Justice Minister acknowledged these concerns, noting that the state’s current resources and structures are often insufficient to meet the rising demand for protection. Many whistleblowers have reported being targeted, harassed, or forced into hiding with limited state support.

The situation is further complicated by economic pressures, political tensions, and the expanding influence of organised criminal groups—factors that increase risks for those who dare to reveal wrongdoing.

As the country grapples with the aftermath of Van der Merwe’s murder, the Justice Minister insists that reforms can no longer be delayed. The tragedy, she said, must serve as a turning point in how South Africa treats those who expose corruption and crime.

Her call for urgent action is being echoed across legal, political, and civil-rights platforms, with many arguing that whistleblowers are essential to the nation’s fight against corruption—yet remain the least protected.

For now, the focus remains on strengthening protections, reviewing witness safety, and ensuring that the Madalanga Commission can proceed without further loss of life. As Kubayi reiterated, safeguarding whistleblowers is not only a legal duty but a moral imperative critical to preserving justice and accountability.

Source- EWN