Following Madlanga's inquiry testimony, the family of a slain Brakpan man demands justice

After more than three years of pleading with authorities for answers, the family of Emmanuel Mbense (51), a father of five who was allegedly tortured and murdered by law enforcement and private security officers before being dumped in a dam, has approached a private prosecution unit for justice. 

When Marius van der Merwe, also known as Witness D, testified at the Madlanga Commission and acknowledged taking part in the torture in an effort to thwart the goals of justice, the family first learned the unsettling details of Mbense's demise.

An investigator from the Independent Police Investigative Directorate (IPID) informed the family that information regarding Mbense's death would surface on the morning of Van der Merwe's planned testimony.

According to AfriForum’s Private Prosecution Unit, Mbense was murdered on 15 April 2022 at his home in Brakpan. His body was discovered the following day at the Duduza dam in Nigel, with his car keys and drivers’ licence in his pocket. The unit has reportedly seen the death certificate, which records that the cause of death was blunt force trauma to his head. ​

“For a long time, we lived with unanswered questions, not knowing how he died, what transpired exactly,” says Mbense’s brother, Nhlanhla, who, given the circumstances, asked not to be identified by his full name.  

“The truth only started to surface before the commission. It forced us to relive the horror of his final moments in public, surrounded by strangers. Receiving such devastating news at the same time as everyone else has been very painful. It has stripped away any chance for us to prepare ourselves emotionally. We were re-traumatised again as the details unfolded.”

Four days after Van der Merwe's testimony at the Madlanga Commission, on November 18, 2025, Nhlanhla and his family met with the unit for consultation. Mbense's brother has been asking SAPS and IPID for updates on the case for the past three years, but each time he has been informed that everything is going well and that arrests are on the horizon. An investigator called Nhlanhla yesterday, just hours after AfriForum's Private Prosecution Unit wrote to Jennifer Ntlatseng, Head of IPID, informing him that the investigation was nearly finished and that arrests were on the horizon.

Adv. Gerrie Nel, Head of the Private Prosecution Unit, says in the letter to Ntlatseng that IPID’s conduct suggests that the implicated parties are being shielded from investigation and prosecution. “We write this letter at a time when it appears that almost all law enforcement agencies’ alleged levels of incompetence and criminal conduct can no longer be kept secret.

“We view this as a stratagem to conceal from the public the extent of criminal activity in which members of law enforcement agencies are involved, as well as the apparent ineffectiveness, if not complicity, of the agencies established to combat criminal activity within law enforcement structures.

“The ongoing commissions of inquiry and Parliament’s Ad Hoc Committee have indubitably exposed how structures in the criminal justice system fail to conduct objective crime investigations and prosecutions, and that the only guarantee is that the suspects have found safe refuge within collapsed, inept law enforcement agencies,” says Nel.

According to Nel, recent developments have shone a spotlight on the failure to speedily finalise Mbense’s case. “Following the apparent assassination of Van der Merwe, who had made no secret of how and who was involved in Mbense’s heinous murder, including his own involvement, the failure to decisively deal with this investigation and bring it to a close after years of investigation is deplorable and calls for a meaningful response as to the status of the matter.

“Deeply concerning is the evidence of retired Deputy Chief of the Ekurhuleni Metropolitan Police, Revo Spies, who testified that Van der Merwe was identified as a possible witness in terms of Section 204 of the Criminal Procedure Act 51 of 1977. If correct, an explanation for the failure to arrest the suspects and enrol the matter becomes more pressing,” says Nel.

 Nhlanhla described his brother as a rock in the family, providing for his mother, siblings, and five children. He claims that the handling of the case has undermined their faith in the criminal justice system.

“The family has been left with no choice but to seek assistance from AfriForum’s Private Prosecution Unit. The decision was not taken lightly. It reflects the sense of abandonment that we have experienced as a family. The very same institutions we have entrusted with seeking justice have failed to act on our behalf. This is a direct result of our determination to ensure that accountability and to protect our dignity,” says Nhlanhla.

Barry Bateman, spokesperson for the unit, says the purpose of the commission of inquiry is to expose criminality and that he hopes this has not played into the hands of the criminals.

“It is unclear if Van der Merwe was approached and agreed to be a co-operating witness with the understanding that he may be indemnified for his role in the murder. But the reality is that either an accused or a state witness publicly testified in a forum outside of the criminal justice system.

''Further, it is inexplicable that Van der Merwe and the others whom he implicated were not arrested and brought to court, where they would have had to apply for bail to be released. It is in that forum that the state and the courts can exercise their powers to ensure the safety of witnesses,” says Bateman.

The unit has requested an update and explanation from IPID regarding the delay in finalizing the case. The unit representing Mbense's family will closely monitor the case to ensure that everyone, including law enforcement officers, is treated equally before the law and held accountable for their actions.