Whistleblower protection after Marius van der Merwe murder: 'We must show we are serious about doing something'

In the wake of Madlanga Commission witness Marius van der Merwe's execution, there are calls for swift action to ensure the protection of whistleblowers.

Last month, as Witness D (Van der Merwe) testified before the commission investigating corruption in the criminal justice system.

The private security company boss testified about the police torture of a Mozambican man. He allegedly was asked to dispose of his body by now suspended Ekurhuleni Metro Police Department Deputy Chief Julius Mkhwanazi.

On Friday, Van der Merwe was shot dead outside his Brakpan home in front of his family.

Speaking to 702's Clement Manyathela, Public Interest SA Chairperson Tebogo Khaas said it is a worrisome state of affairs that we find ourselves in. "In fact, when history books are written about organised crime and how our society was lost, this will certainly feature prominently because those who dare speak out and expose wrongdoing are most likely to face retaliation, as we've seen with what happened with Marius van der Merwe."

Khaas said they've been advocating for years for laws to be changed to protect whistleblowers and have been told a bill to this effect will be going before Parliament this year. "But even if we have the best whistleblower legislation in place, enforcement becomes an issue, implementation becomes an issue. We've got a government that is not well-known for implementing its policies. You've got a criminal justice system that this new legislation will depend on. Is the criminal justice system fit for purpose?"

It's not clear if Van der Merwe was offered witness protection, but Thomas doesn't recommend entering that programme. "Their life is completely, completely in turmoil. Everything is new. The families are affected, the businesses, the friendships."

He says if the state can protect politicians who aren't living in secrecy, then perhaps we need to look at something similar for whistleblowers. "Have somebody at their home doing static protection duties, and you have them escorted to and from their testimonies. It's so important that we show that we are serious about doing something before we cause a reluctance of witnesses to now come forward."