Matipandile Sotheni, accused of killing Witness D Mauris Van Der Merwe, returns to the Brakpan Magistrate’s Court on Friday for his bail hearing after a delay over interpretation issues.
Image: Itumeleng English / Independent Newspapers
The bail application of Matipandile Sotheni, accused of killing Mauris Van Der Merwe, known as “Witness D,” resumes in the Brakpan Magistrate’s Court on Friday.
Sotheni appeared in court on Thursday for the continuation of his bail application.
However, proceedings were postponed to Friday after he told the court he speaks Xhosa and struggled to understand the Zulu interpreter assigned to the matter.
The former South African Police Service Special Task Force member denied killing Van Der Merwe and asked the court to release him on bail because of his family responsibilities.
Sotheni was arrested on March 14, 2026, in connection with the fatal shooting of Van Der Merwe at his Brakpan home on December 5, 2025.
The shooting allegedly took place in front of Van Der Merwe’s family, leaving his wife and two children traumatised but unharmed.
He faces 16 charges, including murder, conspiracy to commit murder, three counts of attempted murder, unlawful possession of a firearm, ammunition-related offences and theft.
Van Der Merwe, known as “Witness D” at the Madlanga Commission, was killed weeks after testifying before the inquiry into alleged misconduct within the Ekurhuleni Metropolitan Police Department (EMPD).
During his testimony in November 2025, he implicated suspended EMPD deputy chief Julius Mkhwanazi in the alleged murder of Emmanuel Mbhense.
Mbhense was allegedly tortured after stolen property was discovered, and his body was later found at Duduza Dam in April 2022.
The State alleges Sotheni conspired with Wiandre Pretorius to murder Van Der Merwe.
Pretorius, who was linked to the Madlanga Commission, later died by suicide at a petrol station in Brakpan.
The State alleges Pretorius drove a Suzuki Swift linked to Sotheni’s girlfriend.
Pretorius had previously survived a shooting in which his vehicle was reportedly struck 16 times.
In an affidavit read to the court by Sotheni’s lawyer, Nthabiseng Mohamane, Sotheni denied any involvement in the murder.
“I respectfully ask the court to release me on bail. I have not been found guilty and I deny that I was involved in the matter of the deceased,” he said.
Sotheni told the court he is 42 years old and supports several dependents, including his three minor children, elderly parents and his late sister’s children.
“My father is 82 years old and terminally ill with cancer, while my mother is 76 and suffers from diabetes,” he said.
“I am also responsible for my late sister’s children, aged 24, 13 and eight. I assist with groceries, electricity, transport, stationery and school expenses.”
He said his parents receive government pensions, but the income is insufficient to cover household expenses and medical needs.
Sotheni also told the court he had been separated from his wife Ntombizodwa “Zodwa” Bambo for about two years.
He said they no longer lived at the Bedfordview property they jointly owned.
“We have been separated for approximately two years. I visit the children, but I do not keep clothes or personal belongings at the property,” he said.
He said he is currently in a relationship with a woman identified as Zodwa, with whom he shares a rented home and a child.
Sotheni denied he is a flight risk and said he had already handed his passport to the investigating officer.
“My children depend on me financially and emotionally. I attend their sporting events, school ceremonies and extramural activities,” he said.
He also disputed the State’s suggestion that his wife and girlfriend could support themselves financially.
“My wife works for a government institution, but I still have a duty to contribute to our joint estate,” he said.
“My girlfriend works in retail, which is not lucrative.”
Proceedings were briefly interrupted after Sotheni informed the court that he struggled to understand the Zulu interpreter.
The presiding officer then stood the matter down to arrange for a Xhosa interpreter.
When proceedings resumed, Mohamane told the court her client was unwell.
She said he had previously sought medical assistance at the prison facility without success.
According to Mohamane, Sotheni wanted to seek private medical treatment but was told he would need to pay R2,000 for transport.
She added that his bank account had been closed and that he required a curatorship letter from the court to access funds.
The State opposed the request, arguing that medical facilities were available at the prison.
“There are medical facilities in prison specifically for accused persons who require treatment,” the prosecutor said.
“If he wants to see a private doctor, that should be arranged between him and the correctional facility.”
The prosecutor added that the court could not intervene regarding Sotheni’s bank account without knowing why it had been blocked or closed.
Mohamane told the court her client was suffering from flu symptoms, chest pain and a loss of smell.
The magistrate postponed the matter to Friday, for the continuation of the bail application and for a Xhosa interpreter to be present.
simon.majadibodu@iol.co.za
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