The Brakpan Magistrate’s Court ruled that the State’s case against Mathipandile Sotheni was not weak and ordered that he remain in custody pending further investigation.
Image: Itumeleng English
Former Special Task Force officer Matipandile Sotheni was dealt a blow after he was denied bail in the Brakpan Magistrate's Court on Monday.
Sotheni is charged with the murder of Marius van der Merwe, known as Witness D in the Madlanga Commission.
The case was postponed to July 30 for further investigations.
Van der Merwe was gunned down at his Brakpan home on December 5, 2025, in the presence of his wife and kids.
Sotheni, 42, was arrested on March 14, 2026,
Sotheni faces 16 charges, including murder, conspiracy to commit murder, attempted murder, unlawful possession of a firearm, ammunition-related offences and theft.
Van der Merwe testified before the Madlanga Commission in November 2025, where he implicated suspended EMPD deputy chief Brigadier Julius Mkhwanazi in the alleged murder of Emmanuel Mbhense.
Mbhense was later found dead at Duduza Dam in Nigel in April 2022, after allegedly being tortured.
The State alleges Sotheni conspired with Wiandre Pretorius to kill Van der Merwe. Pretorius later died by suicide at a Brakpan petrol station.
Police say he had previously survived a shooting in which his vehicle was struck multiple times.
Opposing bail, prosecutors argued that Sotheni’s release would endanger the public, risk witness intimidation and undermine the justice process.
They said an AK-47 rifle and ammunition were found in his vehicle at the time of his arrest.
The prosecution further claimed Pretorius had sought Sotheni’s help after learning Van der Merwe intended to testify against him.
Sotheni’s lawyer, Nthabiseng Mohamane, challenged the State’s ballistic evidence, arguing that firearm components can be altered or swapped and denying that her client used an AK-47 in the alleged murder.
Sotheni, in an affidavit, denied any involvement in the killing and said he was not in possession of such a weapon on the day of the shooting.
He also told the court that detention would cause severe financial hardship for his family, including his elderly parents and children, and said he is not a flight risk, noting that he had surrendered his passport.
Meanwhile, the magistrate ruled that the State’s case was not weak and found that Sotheni failed to show why release would be in the interests of justice.
simon.majadibodu@iol.co.za
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