By Palesa Matlala
- The Brakpan Regional Court ruled that Matipandile Sotheni is a flight risk and could interfere with witnesses if released on bail.
- Sotheni faces 16 charges linked to the murder of whistleblower Marius van der Merwe, who testified before the Madlanga Commission as Witness D.
The man accused of killing a key witness who testified before the Madlanga Commission will remain behind bars after the Brakpan Regional Court denied his bail application.
Former Special Task Force member Matipandile Sotheni appeared in court on Monday, hoping to secure his release while awaiting trial.
Instead, Magistrate Tlakale Sathekge ruled that Sotheni had failed to prove exceptional circumstances that would justify bail.
The court found that releasing him could put witnesses at risk and threaten the integrity of the case.
Sathekge said there was a real possibility that Sotheni could interfere with witnesses, conceal or destroy evidence and evade trial if granted bail.
The magistrate also pointed to the seriousness of the charges and the possibility of a lengthy prison sentence if Sotheni is convicted.
“The accused has failed to establish exceptional circumstances justifying his release,” the court found.
Sotheni faces 16 charges, including premeditated murder, conspiracy to commit murder and other serious offences linked to the killing of Marius van der Merwe.
Van der Merwe, known publicly as Witness D, became a central figure in the Madlanga Commission after giving explosive testimony about alleged criminal activities involving law enforcement officials and private security operators.
During his evidence, Van der Merwe implicated members of the South African Police Service, the Ekurhuleni Metropolitan Police Department and private security figures in the alleged murder and disposal of Emmanuel Mbense’s body.
His testimony attracted significant public attention.
Van der Merwe was later shot dead outside his home in Brakpan.
The state alleges that Sotheni played a role in the murder.
During the bail hearing, Sotheni’s legal team argued that keeping him in custody would place severe financial and emotional strain on his family.
His lawyers said he supports three children, his elderly parents and his sister’s children.
They also argued that strict bail conditions could address concerns about him fleeing or interfering with witnesses.
But the court rejected those arguments.
Sathekge found that Sotheni had not fully convinced the court about his personal circumstances and noted that he was not the primary caregiver of his children.
The court also accepted the state’s argument that the case against him appeared strong at this stage.
The National Prosecuting Authority welcomed the ruling, which is seen as a significant victory for the prosecution as it prepares for trial.
The case has been postponed to 30 July for further proceedings.
Outside court, Van der Merwe’s sister, Natasha, said the decision brought mixed emotions.
“It’s definitely a victory but an emotional victory,” she said.
“We will all be celebrating this, but it comes with the emotions of why did they take my brother away? Why did they have to kill him in that way?”
As the criminal case moves forward, investigators continue to build their case in one of the most closely watched matters linked to the Madlanga Commission.
Pictured above: Former Special Task Force member Matipandile Sotheni appears in the Brakpan Regional Court.
Image source: File
