Former Special Task Force member, Matipandile Sotheni. Former Special Task Force member, Matipandile Sotheni, 41, accused of killing Marius van der Merwe, who was known as Witness D at the Madlanga Commission, has denied any involvement into the killing.
Image: Itumeleng English/ Independent Newspapers
Matipandile Sotheni, who is accused of killing Marius van der Merwe, who was known as “Witness D,” has told the court his family would suffer if he remained behind bars, saying his 82-year-old father is battling cancer and depended on him for support.
He pleaded to be released on bail because of his family responsibilities.
The accused, Sotheni, appeared in Brakpan Magistrates Court for the continuation of his bail application after proceedings began earlier this week.
He 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, which allegedly took place in front of Van der Merwe’s family, left his wife and two children traumatised but unharmed.
Sotheni 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 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 in Van der Merwe’s murder.
Pretorius, who was linked to the Madlanga Commission, later died by suicide at a petrol station in Brakpan.
Police allege 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 was 42 years old and had 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.
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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“I am also responsible for my late sister’s children, aged 24, 13 and 8. 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 was separated from his wife and had not lived at the Bedfordview property they jointly owned for about two years.
“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 was currently going through divorce proceedings with his wife, Ntombizodwa Bambo, identified as Zodwa in his affidavit. He said he shares a rented home and a child with his wife.
Sotheni denied he was 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 spoke Xhosa and struggled to understand the Zulu interpreter assigned to the matter.
The presiding officer stood the matter down to arrange for a Xhosa interpreter.
When proceedings resumed, Mohamane informed the court that Sotheni was unwell.
She claimed he previously sought medical assistance at the prison facility, but his attempts were unsuccessful.
She said Sotheni wanted to seek private medical treatment but had been told he would need to pay R2,000 for transport.
According to Mohamane, Sotheni’s bank account had been closed and he required a curatorship letter from the court to access funds.
The State opposed the request, arguing that prison medical facilities were available.
“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 then postponed the matter to Friday, March 22, 2026, for the continuation of the bail application and for a Xhosa interpreter to be present.
Sotheni remains in custody.
simon.majadibodu@iol.co.za
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