Witness

Marius 'Vlam' van der Merwe

Security operator, East Rand · testified as the protected witness 'Witness D' · Brakpan, Ekurhuleni

Testified Day 33 · assassinated 5 December 2025

Marius van der Merwe, known on this commission's record as Witness D, gave evidence on Day 33, on 14 November 2025, partially in camera, and was shot dead outside his home in Brakpan on 5 December 2025 in front of his wife and children. His account of a single night in April 2022 is one of the most serious things this commission has heard: that he was called to a joint operation at a robbery suspect's home in Brakpan, that he watched law-enforcement officers and private security personnel suffocate the suspect, and that when the man was dead the suspended Ekurhuleni Metro Police Department deputy chief, Brigadier Julius Mkhwanazi, arrived and ordered the body disposed of, after which van der Merwe drove it to a dam at Nigel and left it partially submerged because he believed he would be killed next. Mkhwanazi has denied ordering the disposal and has given his own account to the commission. Published descriptions of van der Merwe's working life differ: IOL described him as a former Ekurhuleni Metro Police Department official and whistleblower, and he is elsewhere described as a private security operator working against illegal mining and fuel and coal theft in the East Rand. This archive records that rather than choosing between them. He had been offered protection by the commission and declined it, per Justice Minister Mmamoloko Kubayi. Three weeks after he testified he was dead. One man, a former SAPS Special Task Force member named Matipandile Sotheni, has been charged with his murder; that case has not been tried, Sotheni has not pleaded, he has denied the allegations, and he is presumed innocent. Everything van der Merwe said is an allegation made under oath and tested by nobody: he is no longer alive to be cross-examined on it, which is a reason to read it carefully, not a reason to leave it out. Every person he named is presumed innocent.

Marius van der MerweWitness DVlamJulius MkhwanaziEmmanuel MbhenseEMPDMadlanga Commission

This profile summarises testimony and evidence given on the public record before the Madlanga Commission of Inquiry. It restates allegations as presented at the hearings and is not a finding of guilt, liability, or wrongdoing by any person.

Awaiting appearanceNo portrait on the public record yet

Key disclosures

Evidence and allegations

Day 33: the night of 15 April 2022

He testified that he was called to a joint operation in Brakpan, found a mix of EMPD officers, two SAPS members and a police informer, and watched the suspect die.

Per IOL, van der Merwe testified that on 15 April 2022 the security firm boss Kobus Janse van Rensburg called him repeatedly to join an operation at the home of a Brakpan robbery suspect, and that he agreed reluctantly while caring for a sick child. At the house he said he found EMPD officers he associated with Brigadier Julius Mkhwanazi, two SAPS members he described as suspicious, and a man he called 'a SAPS informer of ill repute', Jaco Hanekom. He said the suspect was 'tubed' and suffocated with a plastic bag, and that when he asked whether the man had said where the stolen goods were, an officer answered: 'He will never talk again.' He said officers then looked for a firearm to plant on the body, that one of them said he would call the SAPS Crime Intelligence head Feroz Khan 'to fix this', and that Hanekom said 'the chief' would handle the fallout. These are allegations given under oath and tested by no court. All named are presumed innocent.

The order he said he was given, and what he did

He testified that Mkhwanazi arrived, ordered the body dumped 'preferably in a mineshaft or a dam', and looked at him.

Per IOL, van der Merwe testified that Mkhwanazi arrived at the scene in a dark tracksuit, said the body had to be disposed of, 'preferably in a mineshaft or a dam', and then looked directly at him. He said he complied out of fear, loaded the body onto his bakkie and left it partially submerged at a dam at Nigel. He said he burned his clothes the following day, and that when he returned to the dam with Janse van Rensburg, unmarked police vehicles were already there. He reported the matter to the Hawks and to the Independent Police Investigative Directorate, and said investigators warned him the group was extremely dangerous. He also told the commission that he never learned who the dead man was: 'We still have no idea who the dead man was.' IOL has since named the man as Emmanuel Mbhense, spelled Mbense by The Citizen, reported as a Mozambican national found dead at a dam at Duduza, Nigel, in April 2022. Untested; all named are presumed innocent.

Mkhwanazi's answer

Mkhwanazi told the commission he went to the scene at about 3am after a call from Hanekom and denied any part in disposing of the body.

Per IOL, Mkhwanazi told the commission he attended the scene at around 3am after Hanekom called him about an operation that had gone wrong, and he denied involvement in the disposal of the body. His words, as IOL reported them, were: 'I suspected that they got the success and did something about it.' Per The Citizen he acknowledged being present at the Mbhense scene and said he was celebrating the recovery of stolen goods by EMPD officers. He is charged in a separate matter, the alleged 'blue lights' procurement scandal, and nothing in either matter has been determined against him. He is presumed innocent.

Of twelve persons of interest in the 2022 killing, four are dead

Per SAPS spokesperson Brigadier Athlenda Mathe, twelve people were persons of interest in the Mbhense murder, including van der Merwe himself, and eight are still alive.

Per The Citizen, police spokesperson Brigadier Athlenda Mathe said twelve people were persons of interest in the Mbhense murder, among them Wiandre Pretorius and van der Merwe himself, and that 'what is of concern and interest is that of those 12, eight are still alive'. Besides Pretorius, she identified three of the twelve as having been killed: the police informer Jaco Hanekom in March 2023, a further person in October 2025, and van der Merwe in December 2025. Per The Citizen the Independent Police Investigative Directorate has concluded its investigation into the Mbhense matter and the docket sits with the Gauteng Director of Public Prosecutions. No one has been convicted of any of these deaths, and everyone named as a person of interest is presumed innocent.

His killing, and the prosecution that followed

He was shot outside his Brakpan home on 5 December 2025. One man has been charged, refused bail, and is awaiting trial.

Per IOL, SNL24 and the Daily Maverick, van der Merwe was shot twice at close range as he arrived at his home in Brakpan on the evening of 5 December 2025, in front of his wife and two children, who survived. Nothing was taken, which police said pointed to a targeted killing. Per News24 and SAnews, Matipandile Sotheni was arrested on 15 March 2026 and first appeared in court the following day; per The Citizen and the Daily Maverick, Magistrate Tlakale Sathekge refused him bail on 1 June 2026, finding that witnesses could be at risk and that 'the state's case against the applicant is not weak'. He faces 16 charges, and the state alleges he conspired with Wiandre Pretorius, who was a primary person of interest in the murder and who died on 7 February 2026. The matter was back in the Brakpan Magistrate's Court on 2 November 2026 with the state's cellphone analysis still unfinished. Sotheni has not pleaded, has denied the allegations, no court has convicted him, and he is presumed innocent.

Timeline

How the account unfolded

15 Apr 2022

The Brakpan operation he described

The night van der Merwe told the commission about: a joint operation at a robbery suspect's home, the suspect's death, and an order he said he was given to dispose of the body at a dam. Untested allegations.

14 Nov 2025

Day 33: he testifies, partially in camera

Van der Merwe gave evidence as the protected witness Witness D. The official description of Day 33 names Lieutenant-Colonel Kelebogile Thepa, who testified the same day; both were heard.

5 Dec 2025

Shot dead outside his home

He was shot twice as he arrived home in Brakpan, in front of his wife and children, three weeks after testifying. Day 45 of the commission sat that day.

8 Dec 2025

Three persons of interest identified

Per IOL, National Commissioner General Fannie Masemola said three persons of interest had been identified and one questioned.

5 Feb 2026

Pretorius survives a Boksburg shooting

Per Mail and Guardian and eNCA, Wiandre Pretorius, whom van der Merwe had implicated at the commission, had his car hit by sixteen bullets in Boksburg and walked away unharmed.

7 Feb 2026

Pretorius dies

Per News24, The Citizen and Sowetan, Pretorius died by a self-inflicted gunshot at a filling station in Brakpan two days later. An inquest docket was opened.

13 Feb 2026

IPID tells the commission the murder dockets are forensically linked

IPID senior investigator Nomsa Masuku testified that DNA from the scene of van der Merwe's killing also matched material connected to suspects in an older Brakpan matter. An investigative lead given under oath, not a finding.

15 Mar 2026

Sotheni arrested

A former SAPS Special Task Force member was arrested and charged over the killing. He was refused bail on 1 June 2026 and remains in custody. He is presumed innocent.

2 Nov 2026

Back in the Brakpan Magistrate's Court

The prosecution returned to court with the state's cellphone analysis still outstanding, eleven months after the killing.

On the stand

Appears on 1 hearing day

  1. Day 3314 Nov 2025

Connections

How this witness links to the record

The man he said ordered the body disposed of

Julius Mkhwanazi

Suspended Deputy Chief, Ekurhuleni Metro Police Department (EMPD)

Van der Merwe testified on Day 33 that Mkhwanazi arrived at the Brakpan scene in April 2022 and ordered the body of a dead suspect dumped 'preferably in a mineshaft or a dam'. Mkhwanazi told the commission he attended the scene at about 3am after a call about an operation that had gone wrong, and denied involvement in the disposal. Untested; he is presumed innocent.

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Implicated by him, then a person of interest in his murder

Wiandre Pretorius

Police informer named in testimony about the April 2022 Brakpan killing

Van der Merwe named Pretorius in his commission evidence over the April 2022 killing. Per The Citizen, police spokesperson Brigadier Athlenda Mathe later called Pretorius 'a primary person of interest' in van der Merwe's own murder. Pretorius died on 7 February 2026, two days after surviving a shooting in Boksburg. Nothing against him was ever determined.

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Charged with his murder

Matipandile Sotheni

Former member, SAPS Special Task Force

Sotheni, a former SAPS Special Task Force member, was arrested on 15 March 2026 and faces 16 charges arising from the killing. He was refused bail on 1 June 2026 and the matter was back in court on 2 November 2026. He has not pleaded, has denied the allegations, and is presumed innocent.

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Named in his account of the scene

Major-General Feroz Khan

Former deputy head, SAPS Crime Intelligence (dismissed)

Van der Merwe testified that an officer at the Brakpan scene said he would call the SAPS Crime Intelligence head Feroz Khan 'to fix this'. That is an account of what another person allegedly said, not evidence that Khan was called or acted. Khan has not answered this allegation before the commission and is presumed innocent.

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“We still have no idea who the dead man was.”
Van der Merwe, testifying as Witness D on Day 33, on the identity of the man whose body he said he was ordered to dispose of at a dam at Nigel.