By Palesa Matlala
- Matipandile Sotheni faces 16 charges, including murder, attempted murder and conspiracy to commit murder linked to the killing of a witness.
- Prosecutors say Sotheni is a flight risk with specialised sniper skills, while his lawyers argue the state’s case is weak and unfair.
The man accused of helping to kill a key witness who testified before the Madlanga Commission will learn on Monday whether he will be granted bail.
Matipandile Sotheni appeared in the Brakpan Regional Court, where a tense legal battle unfolded over whether he should remain in custody while awaiting trial.
Sotheni faces 16 serious charges, including murder, attempted murder and conspiracy to commit murder.
The charges stem from the killing of Marius van der Merwe, also known as Witness D, who gave explosive evidence before the Madlanga Commission.
During his testimony, Van der Merwe implicated members of the South African Police Service, the Ekurhuleni Metropolitan Police Department and private security operators in the alleged murder and disposal of Emmanuel Mbense’s body.
The state alleges that Sotheni worked with Wiandre Pretorius to kill Van der Merwe.
Pretorius later took his own life.
Prosecutors strongly opposed bail, arguing that Sotheni poses a serious flight risk and could interfere with witnesses if released.
They also accused him of hiding information from the court.
The state claimed Sotheni failed to properly disclose a business address in Hammanskraal and altered parts of a supplementary affidavit submitted to the court.
Prosecutors further argued that his specialised training and skills as a sniper could make it easier for him to evade authorities.
The defence rejected those claims.
Advocate Nthabiseng Mohomane accused the state of withholding crucial information and forcing Sotheni to fight a Schedule 6 bail application without access to the police docket.
She argued that this placed an unfair burden on the accused, who is legally required to prove exceptional circumstances before bail can be granted.
Mohomane also raised concerns about the disappearance of the original investigation docket.
She suggested the missing docket raised serious questions about how the case had been handled and whether other forces could be involved.
The defence maintained that the state had failed to produce enough evidence to justify keeping Sotheni behind bars.
Mohomane argued that Sotheni’s personal circumstances should also be taken into account.
According to evidence before the court, he is the father of three children and helps support his sister’s children as well as his elderly parents.
His legal team warned that a lengthy stay in prison before trial could cause severe financial hardship and may cost him his job.
The defence said strict bail conditions could address concerns about witness interference or the possibility of him fleeing.
To strengthen its argument, the defence pointed to previous court cases where accused persons facing similar charges were granted bail.
One example cited was the case of Katiso Molefe, who was released despite facing multiple charges of murder and conspiracy to commit murder.
But the state insisted Sotheni had failed to show any exceptional circumstances that justify his release.
If bail is denied, he could remain behind bars for a long period before his trial begins.
The matter is expected to be transferred to the High Court, where heavy case backlogs often result in lengthy delays before trials can start.
Monday’s ruling is expected to be a major turning point in a case that has attracted significant attention because of its links to the Madlanga Commission and allegations involving law enforcement officials.
Pictured above:Matipandile Sotheni appears in the Brakpan Regional Court during his bail application.
Image source: File
