Matipandile Sotheni (Photo provided by the NPA)
Matipandile Sotheni (42), the man who is accused of conspiring to have “Witness D”, Marius van der Merwe, killed, had his application for bail rejected.
The National Prosecuting Authority (NPA) welcomed the verdict by the Magistrate’s Court in Brakpan.
Sotheni is facing charges of conspiracy to commit murder, premeditated murder, three counts of attempted murder, unlawful possession of a firearm, four counts of unlawful possession of ammunition, four counts of failure to keep ammunition safe, failure to keep a firearm safe and theft of government property.
Van der Merwe testified before the Madlanga Commission on matters related to a murder investigation in Brakpan in November last year. The state argues that Sotheni then conspired to have Van der Merwe killed and also watched him.
The state further claims that Sotheni found himself in the vicinity of Van der Merwe’s residence on 5 December 2025. When Van der Merwe arrived at home with his wife and their two minor children, the accused allegedly opened fire on him.
Van der Merwe was fatally wounded and was pronounced dead at the scene.
Sotheni was arrested on March 14 this year following an investigation by a police task force appointed to investigate matters arising from the Madlanga Commission of Inquiry.
(Photo: Christine Oelofse/Maroela Media)
Lumka Mahanjana, spokesperson for the NPA, says Sotheni asked during the application to be released on bail of R30 000. He argued that he has no previous convictions or pending cases, and that he has three minor children and a family dependent on him.
The state, represented by Adv. Maphalala and Mphahlele, opposed the application. The state argued Sotheni posed a flight risk and was likely to interfere with the ongoing investigation.
The magistrate agreed with the state and found that Sotheni had failed to prove that there were exceptional circumstances that would justify his release on bail in the interests of justice.
Bail was consequently refused.
The case was adjourned until 30 July 2026 for further investigation.