Minister urges new legislation for whistleblower safety in the wake of shocking murder

The call for enhanced protection measures for whistleblowers has intensified following the tragic murder of former Ekurhuleni Metro Police Department officer, Marius van der Merwe, who was gunned down outside his Brakpan home last Friday evening.

This incident has alarmed justice officials and raised urgent questions about the safety of witnesses, particularly in sensitive inquiries.

Addressing the media on Saturday, Minister of Justice and Constitutional Development, Mmamoloko Kubayi, disclosed that the department is putting the finishing touches on a draft piece of legislation, named the Protected Disclosure Bill, which is designed to safeguard those who come forward with crucial information about wrongdoing. This Bill is expected to be submitted to Parliament for urgent approval in the near future.

Minister Kubayi firmly stated, “What we are calling for is a piece of legislation called the Protected Disclosure Bill. This bill aims to protect our whistleblowers. It seeks to put mechanisms in our country to safeguard individuals who take the brave step of speaking out.”

Whistleblower protection has emerged as a pressing issue lately, particularly as witnesses involved in high-profile cases have faced violent repercussions, including fatal attacks. The minister expressed her grave concerns regarding the security of individuals testifying before the Madlanga Commission of Inquiry, highlighting that the identification of witnesses poses significant risks.

“We were concerned by the fact that the public and the media were able to identify Mr van der Merwe as Witness D. I didn't know that commissioners didn't know who Witness D is,” Kubayi commented. “This worries us a lot. Public access to information must not come at the cost of an individual's life.”

In her remarks, the minister emphasised the need for stringent measures to protect witness identities at all times, further underscoring the precarious nature of their roles in ongoing investigations. She also extended her condolences to the family and friends of van der Merwe, stating, “Our thoughts and prayers are with his family and friends during this difficult time.”

As calls for the department and the police to answer to their failure to protect van der Merwe continued to grow, Kubayi indicated that van der Merwe declined witness protection.

“I do want to say after this development, I did interact with Advocate Khumalo, who is responsible for the security of the Commission of inquiry. He did indicate to me that Mr Van Der Merwe was offered protection, which he declined because he didn’t think that he needed it and because he runs his own security company," she stated.