Former Special Task Force officer Matipandile Sotheni appears in the Brakpan Magistrates’ Court for a bail application in the murder case of Marius van der Merwe. It is alleged that Sotheni was the gunman who fatally shot Marius van der Merwe – who testified at Madlanga Commission as Witness D – outside his Brakpan home in December. (Photo: Gallo Images / OJ Koloti) The Brakpan Magistrates’ Court has denied bail to former police Special Task Force officer Matipandile Sotheni, finding that witnesses could be at risk if he were released and that he may have an incentive to evade trial if convicted.
Sotheni (42) faces 16 charges, including conspiracy to commit murder, murder and three counts of attempted murder linked to the killing of Marius van der Merwe, known as Witness D during the Madlanga Commission.
Police investigations revealed that the plan to eliminate Van der Merwe, the director of a private security company, appears to have been set in motion after his testimony, with surveillance on him dating back to about the end of November last year.
He was ultimately gunned down on 5 December 2025 outside his Brakpan home in Ekurhuleni, in full view of his wife and two minor children.
Handing down judgment on Monday, 1 June 2026, the court found that the State had presented sufficient evidence linking Sotheni to the murder.
“The court is satisfied that the applicant is sufficiently linked to the murder charge,” Magistrate Tlakale Sathekge said.
A key consideration in the ruling was the potential threat posed to witnesses should Sotheni be released.
“The court knows that if the applicant is prima facie, as the evidence suggests, capable of inflicting fatal injury or death on a witness in a case where he is not said to be implicated, the danger is clear and real in being directed at the witnesses in a case against him,” Sathekge found.
The magistrate also accepted the State’s argument that the severity of the charges and the possibility of a life sentence increased the risk that Sotheni might abscond.
“The motivation is in the fact that, should he be convicted, he will face the possibility of imprisonment for life on count two alone,” the court said.
“The court does not lose sight of the fact that most of the remainder of the charges also carry the possibility of long-term imprisonment.”
Sathekge added that this was relevant when considering whether Sotheni would stand trial if granted bail.
The court further noted the State’s submission that Sotheni’s specialist training and experience could enable him to find employment abroad.
/file/attachments/orphans/ED_609775_306027.jpg "Former Special Task Force officer Matipandile Sotheni appears in the Brakpan Magistrates’ Court for a bail application in the murder case of Marius van der Merwe. It is alleged that Sotheni was the gunman who fatally shot Marius van der Merwe – who testified at Madlanga Commission as Witness D – outside his Brakpan home in December. (Photo: Gallo Images / OJ Koloti)")
National police spokesperson Athlenda Mathe said Sotheni was a highly trained former police officer with specialised skills, close to those of a sniper.
He joined the police force in 2005 and, in 2010, became part of the Special Task Force, where the state spent at least R1-million training him.
“The State’s submission is that, given the type of training he has and the highly sought-after skills in the security sector, he may secure employment in countries where extradition processes may be difficult,” Sathekge said.
The judgment also dealt extensively with an AK-47 rifle that the State alleges was used in Van der Merwe’s murder.
According to the court, the rifle was recovered from a vehicle belonging to Sotheni’s employer in Bedfordview.
“The State’s evidence is that the murder weapon AK-47 rifle, which was used in the killing of the deceased, was found in a vehicle belonging to the applicant’s employer in Bedfordview.”
The court noted that Sotheni initially denied any connection to the vehicle before later acknowledging that it belonged to his employer and had been issued to him.
“This murder weapon, AK-47 rifle, is said to be linked through ballistic test as the weapon used in the killing of the deceased. The ballistic evidence further shows that the rifle was tampered with.”
Sotheni denied tampering with the firearm and claimed he had arranged for a co-worker to collect the vehicle because he was concerned about the rifle’s safety.
However, the court found there were unanswered questions regarding what happened to the weapon before it was handed to the police.
The magistrate also considered ammunition allegedly found in Sotheni’s possession when he was arrested in March.
“The allegations indicate that there was a large quantity of ammunition capable of being used in at least three different firearms. Some of the ammunition are alleged to be state-issued.”
According to the court, police recovered 125 rounds of R5 ammunition, 31 rounds of R1 ammunition and 17 rounds of 9mm ammunition.
In his replying affidavit, Sotheni claimed for the first time that the ammunition had been brought to his home by the late Mr Pretorius.
The court rejected the explanation.
“He makes an allegation for the first time in his replying affidavit that the said ammunition was brought by Mr Pretorius. It is a convenient shift of blame on a dead person.”
Throughout the bail application, Sotheni portrayed himself as a family man and the financial provider for three children. On one occasion in March, when asked by journalists if he was alright, Sotheni responded: “No, I am not okay. I must take my three children to school. I’ve got a lot to do.”
The magistrate was similarly not convinced by Sotheni’s argument that his continued detention would prejudice his children.
“It seemed to show that the two children are in school and that their school fees are in arrears,” the court said.
The judgment said that the mothers of the children were employed and that there was no evidence that the children would suffer if Sotheni remained in custody.
Ultimately, the magistrate found that the State had presented a strong case against Sotheni and that the interests of justice did not favour his release.
“The totality of the evidence shows that the applicant has the potential and means to carry out similar attacks against witnesses.”
Van der Merwe’s sister, Natasha, previously told Daily Maverick that her brother’s death had taken a serious toll on the family, with some members also receiving death threats, which police spokesperson Mathe said the police would investigate.
On Monday, while talking to journalists, she was emotional as she welcomed the bail outcome.
“I am happy but emotional. This is what we wanted, but it’s been emotional how they killed my brother. It will never bring my brother back. His soul is not resting.
“We will be celebrating that he did not get bail, but with this comes emotions of why did they take my brother away. Did they have to kill him that way?” Natasha said.
The case returns to court on 30 July 2026 for trial. DM
