Justice Minister urges stronger whistleblower laws following Marius van der Merwe murder

CM

Celeste Martin

8 December 2025 | 11:15

Minister of Justice and Constitutional Development Mmamoloko Kubayi warns that whistleblowers remain vulnerable to threats after providing evidence, highlighting gaps in current protections.

Justice Minister urges stronger whistleblower laws following Marius van der Merwe murder

Justice Minister Mmamoloko Kubayi delivering her budget vote in a mini-plenary of the National Assembly on 9 July 2025. Picture: Parliament

The murder of Marius van der Merwe, a key witness at the Madalanga Commission of Inquiry, is intensifying calls for stronger protection for whistleblowers.

Van der Merwe, who had exposed corruption and illegal mining, was shot outside his home in front of his family last Friday, months after surviving a previous attempt on his life.

"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.

"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.

"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. Those who have testified to those who are still to testify, especially the witnesses with critical information, so that we do not compromise the work that needs to be done and that I understand has been done," says Kubayi.

She highlights the urgency of new legislation, including a Protected Disclosure Bill, which aims to provide legal backing for whistleblowers and establish oversight through the judiciary.

Kubayi acknowledged gaps in current systems, emphasising that many whistleblowers remain vulnerable once they provide evidence, leaving them exposed to threats from those implicated.

"We do not currently have mechanisms in place legally that support whistleblowers."

To listen to Minister Kubayi in conversation with 702's Bongani Bingwa, click below:

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