Former Special Task Force member, Matipandile Sotheni. After weeks of testimony and legal arguments, the Brakpan Magistrate's Court is set to deliver its ruling on the bail application of former Police Special Task Force officer Matipandile Sotheni, who faces multiple charges, including murder.
Image: Itumeleng English/ Independent Newspapers
The Brakpan Magistrate's Court is expected to rule on Monday on whether former Police Special Task Force officer Matipandile Sotheni will be granted bail.
Sotheni, 42, is accused of killing Marius van der Merwe, known as Witness D, during the Madlanga Commission.
He appeared in court on May 22, where he applied for bail, but the presiding officer reserved judgment until Monday, June 1.
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 physically 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 was killed weeks after testifying before the Madlanga Commission, which is investigating alleged misconduct within the Ekurhuleni Metropolitan Police Department (EMPD).
During his testimony in November 2025, he implicated suspended EMPD deputy chief Brigadier 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 Nigel in April 2022.
The State alleges Sotheni conspired with Wiandre Pretorius to kill Van der Merwe. Pretorius, who was linked to the Madlanga Commission, later died by suicide at a petrol station in Brakpan.
According to police, 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.
The State has opposed bail, arguing that Sotheni's release would endanger the public, interfere with witnesses and undermine the criminal justice system.
"The onus rests on the applicant to satisfy the court that it is in the interests of justice to permit his release in terms of Section 60," the prosecutor told the court.
The State argued that Sotheni's release could result in further offences being committed, witnesses being influenced or intimidated, evidence being concealed or destroyed, or the accused evading trial.
Prosecutors said they relied on the investigating officer's affidavit, to support their opposition.
"It is submitted that proof of one of the grounds relied upon by the State to oppose bail is sufficient for this honourable court to deny bail to the applicant," the prosecutor said.
The State further argued that Sotheni had admitted to having a close relationship with Pretorius.
"The deceased and Pretorius were working together for a security company during the period surrounding the death of Mbhense," the prosecutor said.
The State also argued that Pretorius sought Sotheni's assistance after learning that Van der Merwe intended to testify against him in a future criminal trial.
"The State submits that Pretorius solicited the services of the applicant when he realised that the deceased was going to testify against him in a subsequent trial," the prosecutor said.
The State also told the court that an AK-47 rifle and a large quantity of ammunition were found in Sotheni's vehicle when he was arrested in March.
Sotheni's lawyer, Nthabiseng Mohamane, challenged the State's ballistic evidence, arguing that firearm components can be swapped or tampered with.
She denied that Sotheni possessed or used an AK-47 rifle in connection with the alleged murder.
"Another firearm with a different serial number but of the same calibre was fitted into the applicant's firearm," Mohamane told the court.
The Marius van der Merwe, who was known as Witness D ar the Madlanga Commission was killed in outside his Brakpan home in December 2025.
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According to Mohamane, the ballistic report identified the bolt carrier and bolt as critical firearm components because they leave unique marks that can be traced.
She argued that bolt carriers can be exchanged and said any tampering could only be determined if the firearm had previously undergone testing.
"When a firearm is handed to you by an employer for the execution of your duties, we check whether it functions, test it at the shooting range and verify that the serial number corresponds," she said.
Mohamane added that Sotheni denied tampering with the firearm in any way.
"I deny using any firearm to commit a crime. I further deny that on December 5, 2025, I was in possession of an AK-47 rifle," Sotheni said in an affidavit before the court.
He has consistently denied any involvement in Van der Merwe's murder.
In support of his bail application, Sotheni told the court that his continued detention would place severe hardship on his family.
"My father is 82 years old and terminally ill with cancer, while my mother is 76 and suffers from diabetes," he said.
He told the court he supports his three minor children, his elderly parents and his late sister's children, aged 24, 13 and 8.
"I assist with groceries, electricity, transport, stationery and school expenses," he said.
According to Sotheni, his parents receive government pensions, but the income is insufficient to meet household and medical costs.
He also told the court that he and his wife, Ntombizodwa Bambo, have been separated for about two years and are currently going through divorce proceedings.
"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.
Sotheni said he currently shares a rented home and a child with his girlfriend. He rejected the State's suggestion that his wife and girlfriend could support themselves financially without his assistance.
"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."
Sotheni also denied being a flight risk, telling the court that he had already surrendered 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.
Mohamane previously told the court that Sotheni could afford bail of R30,000.
simon.majadibodu@iol.co.za
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