IPID intended charging key Madlanga 'witness' over murder

THE late Marius "Vlam" van der Merwe, known as Witness D, who was shot in December last year, was to be charged with Emmanuel Mbense's murder.

This emerged when Independent Police Investigative Directorate (Ipid) senior investigator Nomsa Masuku testified before the Madlanga Commission of Inquiry on Thursday. 

Van der Merwe was shot dead outside his home in Brakpan on December 5, 2025, after testifying before the commission, where he implicated Julius Mkhwanazi, the suspended deputy chief of the Ekurhuleni Metro Police Department (EMPD), in assisting with the cover-up of Mbense's death.

Mbense, accused in a robbery involving stolen goods, died after being assaulted allegedly by police officers. His body was found dumped in Spaarwater Dam on April 15, 2025.

Musuku told the commissioners that she interviewed Van der Merwe, a EMPD reservist, regarding circumstances leading to Mbense's death.

Her team met with Van der Merwe in Alberton, after he contacted Ipid between July and August 2022, claiming to have information on a Brakpan police killing.

She said Van der Merwe was accompanied by some Hawks team members on the day of the meeting.

Shortly after their arrival, they alerted Masuku that it was not safe to proceed with the interview as there were some activities that made them feel that they were being followed. 

The meeting was subsequently held at Ipid offices in Pretoria, where Van der Merwe described how Mbense was allegedly tortured to death by two police officers and a white male.

"To him (Van der Merwe), he was there with this suspect busy begging to say 'please tell us where did you take the goods to'. Every now and then, he (Van der Merwe) would talk to this white male who was suffocating the deceased, saying 'please don't forget that we are here looking for goods'. He was coming out to us as if he did not play a part in the torturing of the deceased but he witnessed it."

Masuku informed Van der Merwe that "whatever you are saying, you may later be charged along with the other people. You are not immune to the commission of the crime".

She said she was not happy when Van der Merwe was called to testify at the commission because she knew that could potentially derail her case and was concerned about the slain witness’s safety.

Masuku told the commission that the investigation faced several delays as Van der Merwe repeatedly warned investigators that his co-suspects are "very dangerous people". 

"As an investigator, I had to think of Marius' safety every time we made a move to other mentioned suspects," she said.

Masuku also faced alarming threats, including her vehicle being shot at with her children inside in December 2024 on M17 in Springs.

She said the private security stationed at the investigators’ residence did not accompany them on the move.

"I am not saying it is them (suspects), but those are the threats that were coming towards us," she said, adding that Mbense's murder case was not the only sensitive case she is dealing with.

"There was a time when my son was shot, but thank God he is able to walk now," she said.

Masuku testified that the crime scene had to be reconstructed as Ipid was not present when the SAPS initially attended the scene.

She said Van der Merwe's statement led her to interview private individuals implicated in the case.

"At that point, I didn't continue with the arrest of members that were mentioned by Marius because Marius was a witness that was incriminating himself," she said.

Cape Times