Ex‑Special Task Force officer denied bail in ‘Witness D’ murder case

A former Special Task Force officer has been refused bail in a high‑profile murder linked to testimony at the Madlanga Commission. The Brakpan Magistrate’s Court ordered that Matipandile Sotheni remain in custody while further investigations continue.

Court ruling and next steps

The court refused Sotheni’s bail application on Monday and postponed the matter to 30 July for further investigations. The magistrate found that the State’s case was not weak and that Sotheni had not shown why his release would be in the interests of justice.

Charges and arrest

Sotheni, 42, was arrested on 14 March 2026. He faces 16 charges, which the prosecution listed as including murder, conspiracy to commit murder, attempted murder, unlawful possession of a firearm, ammunition‑related offences and theft.

Victim and context

The accused is charged in the killing of Marius van der Merwe, known in proceedings as Witness D. Van der Merwe was shot dead at his Brakpan home on 5 December 2025 in the presence of his wife and children.

Van der Merwe had given evidence to the Madlanga Commission in November 2025, where he implicated suspended EMPD deputy chief Brigadier Julius Mkhwanazi in the alleged murder of Emmanuel Mbhense. The source states that Mbhense was later found dead at Duduza Dam in Nigel in April 2022, after allegedly being tortured.

Allegations about co‑conspirator and weapons

The State alleges Sotheni conspired with Wiandre Pretorius to kill Van der Merwe. The source reports that Pretorius later died by suicide at a Brakpan petrol station and had previously survived a shooting in which his vehicle was struck multiple times.

Prosecutors opposing bail told the court they feared 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 when he was arrested.

Defence response and affidavit

Defence lawyer Nthabiseng Mohamane challenged the State’s ballistic evidence in court, arguing that firearm components can be altered or swapped, and denied that her client used an AK‑47 in the alleged killing.

In an affidavit, Sotheni denied involvement in the killing and said he was not in possession of such a weapon on the day of the shooting. He told the court that detention would cause severe financial hardship for his family, including his elderly parents and children, and said he was not a flight risk, noting that he had surrendered his passport.

Magistrate’s finding

The magistrate concluded that the State’s case was not weak and found that Sotheni had not demonstrated why his release would be in the interests of justice, so he must remain in custody pending further investigation.