This incident—the killing of a key witness in a major commission of inquiry, allegedly implicating a senior law enforcement official—is seen as a profound violation of several core South African constitutional values, suggesting a severe breakdown in the state’s ability to uphold its founding principles.
Collapse in rule of law
If one views this incident as a sign that the state has “lost the plot” constitutionally, here is what it implies:
- The breakdown of the rule of law (Section 1)
The most direct constitutional crisis this incident represents is the collapse of the rule of law.
• Undermining Justice: The state’s primary function is to prosecute crimes and enforce justice. When a key witness in a commission of inquiry—a critical tool for justice—is assassinated, it signifies that criminal elements or corrupt officials are operating with impunity, directly sabotaging the judicial process.
• Failure to Protect: The state failed in its fundamental duty to protect a vulnerable individual cooperating with justice. This suggests the government cannot guarantee the security needed for its own legal and investigative institutions to function, effectively paralyzing the fight against corruption and crime.
Trampling on right to life
- Violation of the Right to Life and Human Dignity (Sections 10 & 11)
The Constitution holds the Right to Life (Section 11) and Human Dignity (Section 10) as supreme.
• Loss of Safety and Security: The murder of Marius van der Merwe (“Witness D”) in front of his family in his home highlights a state failure to ensure its citizens’ safety and security. When criminals can silence witnesses in this manner, the state is failing to uphold the most basic function of protecting life.
• Erosion of Dignity: The fear and trauma inflicted on the family, who witnessed the killing, violate their right to dignity and security of the person.
State institutions compromised
- Compromise of State Institutions (Administrative Justice, Section 33)
The specific context of the murder points to a systemic breakdown within law enforcement itself.
• Impunity and Corruption: The deceased was a witness in the Madlanga Commission, giving testimony about a murder cover-up that allegedly implicated a suspended Ekurhuleni Metro Police Department deputy chief. This suggests that elements within the state’s security apparatus may be using their power to obstruct justice and commit murder.
• Loss of Public Trust: When the police service—the institution constitutionally mandated to protect the public—is implicated in a cover-up and the subsequent killing of a witness, public trust in the state’s capacity to deliver impartial justice and maintain order is severely damaged. This creates a state of fear and discourages other citizens from cooperating with law enforcement.
In summary, the killing of a key state witness—especially one exposing corruption within the police—is not merely a serious crime; it is an attack on the foundational pillars of the South African Constitution: the Rule of Law, Justice, and the Protection of Life and Dignity. It suggests that power, in this instance, is being used to obstruct justice rather than defend it.
