Bail decision due for ex-Special Task Force officer charged in Witness D killing

The Brakpan Magistrate’s Court is expected to deliver its ruling on Monday in the bail application of former Police Special Task Force officer Matipandile Sotheni, who faces multiple charges including murder.

Who is accused and the alleged incident

Sotheni, 42, was arrested on 14 March 2026 in connection with the fatal shooting of Marius van der Merwe known as Witness D at his Brakpan home on 5 December 2025. Van der Merwe was killed weeks after testifying before the Madlanga Commission.

The State says the shooting occurred in front of Van der Merwe’s family; his wife and two children were described as traumatised but physically 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.

Link to the Madlanga Commission and associated allegations

During testimony at the Madlanga Commission in November 2025, Van der Merwe implicated suspended Ekurhuleni Metropolitan Police Department deputy chief Brigadier Julius Mkhwanazi in the alleged murder of Emmanuel Mbhense. The commission is investigating alleged misconduct within the EMPD.

The State alleges Sotheni conspired with Wiandre Pretorius to kill Van der Merwe. Pretorius, who was linked to the commission, later died by suicide at a petrol station in Brakpan. Police said Pretorius drove a Suzuki Swift linked to Sotheni’s girlfriend and that Pretorius had previously survived a shooting in which his vehicle was reportedly struck 16 times.

State opposition to bail

The State has opposed bail, arguing that Sotheni’s release would endanger the public, interfere with witnesses and undermine the criminal justice system. The prosecutor told the court:

“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 State said Sotheni’s release could lead to further offences, witness influence or intimidation, concealment or destruction of evidence, or the accused evading trial, and that proof of one of these grounds would be sufficient to deny bail. Prosecutors said they relied on the investigating officer’s affidavit to support their opposition.

The State also argued that Sotheni had admitted to having a close relationship with Pretorius and said:

“The deceased and Pretorius were working together for a security company during the period surrounding the death of Mbhense.”

Ballistics dispute and defence argument

The State told the court that an AK-47 rifle and a large quantity of ammunition were found in Sotheni’s vehicle when he was arrested in March. Sotheni’s lawyer, Nthabiseng Mohamane, challenged the State’s ballistic evidence, arguing that firearm components can be swapped or tampered with and denying that Sotheni possessed or used an AK-47 in connection with the alleged murder.

Mohamane told the court that the ballistic report identified the bolt carrier and bolt as critical components because they leave unique marks that can be traced. She argued that bolt carriers can be exchanged and that any tampering could only be determined if the firearm had previously undergone testing.

In an affidavit, Sotheni said:

“I deny using any firearm to commit a crime. I further deny that on December 5, 2025, I was in possession of an AK-47 rifle.”

He has consistently denied any involvement in Van der Merwe’s murder.

Bail application and personal circumstances

In support of his bail application, Sotheni told the court his continued detention would place severe hardship on his family. He said:

“My father is 82 years old and terminally ill with cancer, while my mother is 76 and suffers from diabetes.”

Sotheni said he supports three minor children, his elderly parents and his late sister’s children, aged 24, 13 and 8, and that his parents’ government pensions are insufficient. He also told the court he and his wife, Ntombizodwa Bambo, have been separated for about two years and are undergoing divorce proceedings, and that he currently shares a rented home and a child with his girlfriend.

On the issue of flight risk, Sotheni said he had already surrendered his passport to the investigating officer. Mohamane previously told the court that Sotheni could afford bail of R30,000.

What happens next

The magistrate reserved judgment on Sotheni’s bail application on 22 May and is set to deliver the ruling on Monday, 1 June 2026.