The state on Friday opposed bail for Matipandile Sotheni, accused of murdering Marius van der Merwe - known as “Witness D” at the Madlanga Commission - arguing that his release would endanger the public.
Image: Itumeleng English/Independent Newspapers
The State has opposed bail for Matipandile Sotheni, accused of killing “Witness D”, Marius van der Merwe, arguing that his release would endanger the public, interfere with witnesses and jeopardise the criminal justice system.
Sotheni’s bail application resumed on Friday after proceedings were postponed on Thursday.
Proceedings were postponed 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 has denied killing Van der Merwe and asked the court to release him on bail, citing 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.
Addressing the court, the prosecutor said the State opposes the bail because Sotheni’s release would jeopardise the functioning of 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 said.
The prosecutor said the State opposed bail on the grounds that Sotheni could endanger the public, commit further offences, influence or intimidate witnesses, conceal or destroy evidence, evade trial or undermine the criminal justice system.
The State said it relied on the investigating officer’s affidavit, submitted as Exhibit B, in support of its opposition to bail.
“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 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 added that when Van der Merwe testified before the Madlanga Commission, he implicated Pretorius and other influential individuals.
“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,” she said.
The prosecutor also told the court that an AK-47 rifle was found in Sotheni’s vehicle at the time of his arrest.
The State detailed the circumstances surrounding Sotheni’s arrest in March, when police allegedly discovered a licensed AK-47 rifle and a large quantity of ammunition.
However, Sotheni’s lawyer, Nthabiseng Mohamane, argued that firearm parts can be swapped or tampered with and said ballistic evidence was therefore inconclusive.
She denied that Sotheni had possessed or used an AK-47 rifle in connection with the offence.
“Another firearm with a different serial number but of the same calibre was fitted into the applicant’s firearm,” Mohamane told the court.
“According to the ballistic report, the bolt carrier and the bolt are regarded as critical parts of a firearm because they leave unique marks that can be traced.”
Mohamane argued that bolt carriers can be swapped and said it could only be determined whether tampering had occurred 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.
She added that Sotheni denied any tampering, filing or grinding of the firearm while it was allegedly in his possession.
“I deny using any firearm to commit a crime. I further deny that on Dec. 5, 2025, I was in possession of an AK-47 rifle,” she told the court.
Mohamane said Sotheni could afford bail of R30,000.
The bail hearing continues.
simon.majadibodu@iol.co.za
IOL News