Mathipandile Sotheni appeared at the Brakpan Magistrate’s Court on 16 March 2026, facing charges related to the murder of Marius van der Merwe, who was also known as ‘Witness D’ at the Madlanga Commission. Sotheni’s appearance follows allegations that he was involved in the killing of Van der Merwe, a key witness in an ongoing matter. (Photo: Felix Dlangamandla) Matipandile Sotheni, the man arrested in connection with the shooting of Madlanga Commission witness Marius van der Merwe, also known as “Witness D”, made a brief appearance in the Brakpan Magistrate’s Court on Monday, 16 March 2026.
The alleged mastermind, however, is still at large.
The court, packed to capacity, heard that Sotheni, 41, faces at least six charges, including conspiracy to commit murder, murder and three counts of attempted murder, which relate to Van der Merwe’s family members.
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, Mathe said.
/file/attachments/orphans/6I1A6153_648585.jpg "Mathipandile Sotheni appeared at the Brakpan Magistrate’s Court on 16 March 2026, facing charges related to the murder of Marius van der Merwe, who was also known as ‘Witness D’ at the Madlanga Commission. (Photo: Felix Dlangamandla)")
In 2019, he resigned and moved into the private sector. At the time of Van der Merwe’s shooting he was employed as a bodyguard by a wealthy family in Houghton.
The police believe the said family have no links to the murder, but rather that Sotheni carried out the hit as a “side hustle” under someone’s instructions.
“The investigation will tell us who ordered him, because we do believe that he was roped in because of his expertise. They knew he would do a clean job – only one shot killed Witness D,” said Mathe.
Missing gun
Van der Merwe testified before the commission about the torture and interrogation of a suspect at an unofficial site in Brakpan. He alleged that a group of Ekurhuleni Metro Police Department (EMPD) officers, working with private security, had been involved in the suspect’s death using methods, including tubing, regarded as torture.
He implicated now-suspended EMPD chief Julius Mkhwanazi, who has emerged as a key figure in giving alleged crime mastermind Vusimuzi “Cat” Matlala access to the EMPD. Through the EMPD, Matlala built a web of influence within both national and sub-national policing structures.
Although Van der Merwe’s testimony was delivered off site and off camera, he was still tracked down.
Police investigations have 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.
He was ultimately gunned down on 5 December 2025. Van der Merwe was murdered outside his Brakpan home in Ekurhuleni, in full view of his wife and two minor children.
A charge sheet seen by Daily Maverick reveals that Sotheni did not personally know Van der Merwe. However, he allegedly procured an AK47 for the purpose of carrying out the hit.
/file/attachments/orphans/6I1A6219_162094.jpg "Mathipandile Sotheni at the Brakpan Magistrate’s Court. He was formerly a highly trained SAPS member. (Photo: Felix Dlangamandla)")
Sotheni was arrested on Saturday, 14 March 2026, marking the first breakthrough for the task team established to investigate cases arising from the Madlanga Commission.
At the time of his arrest, he was found in possession of dozens of live rounds of ammunition, which he was not authorised to possess.
“During the arrest of the accused, the police found 125 rounds of R5 rifle ammunition, 31 rounds of R1 rifle ammunition and 19 rounds of 9mm parabellum pistol ammunition. He was not in possession of any permit or licence authorising him to possess or fire the ammunition found,” reads the charge sheet.
Mathe did not rule out the possibility of more arrests.
“We will look at those implicated to see if they had a hand in any way.”
Threats to the family
Marius’ sister Natasha said her brother’s death had taken a serious toll on the family, with some members also receiving death threats, which Mathe said the police would investigate.
“It has been a roller-coaster ride for us as a family. This case has affected me badly. No one has come to us to tell us that an arrest has been made; we only learnt of the arrest on social media. As a family, we have been waiting for three months as we have so many questions,” she said.
Much like the police, Natasha believes the person who ordered her brother’s death was known to him.
/file/attachments/orphans/01_883533.jpg "Natasha van der Merwe, sister of murdered witness Marius van der Merwe, speaks to the media outside the Brakpan Magistrate’s Court following the court appearance of accused Mathipandile Sotheni on 16 March 2026. (Photo: Felix Dlangamandla)")
Mathe dismissed suggestions that police had withheld information from the family.
“The team is busy meeting with the family as we speak, but if we are working on such a sensitive case, we have to play it safe. We can’t give blow-by-blow information to even close family members,” Mathe said.
Beyond Van der Merwe’s hit, the case has also reveals a growing problem for the police as many highly trained officers are leaving because government salaries cannot compete with private companies, something Mathe said they were concerned about.
“Its quite disturbing that our tactical operators are being scouted by these wealthy individuals and private companies to work for them because obviously the government cannot match their salaries,” Mathe said.
The police are still searching for the AK-47 allegedly used to kill Van der Merwe. Several properties are being checked, as investigators suspect Sotheni may have hidden the weapon.
The matter has been postponed to 25 March for a formal bail application.
While the State has not been able to establish if Sotheni has any previous convictions, it has indicated it will oppose his bail request.
Advocate Nqobile Maphalala told the court the state intended to oppose the bail on the basis of the seriousness of charges, which were all considered Schedule 6 offences. DM