IN THE DOCK: Court finds Witness D murder accused could target witnesses and flee country

Witness safety concerns, an AK-47 allegedly linked to the murder of Witness D and an attempt to shift responsibility onto a deceased associate were among the reasons the Brakpan Magistrates’ Court denied bail to former Special Task Force officer Matipandile Sotheni.

The Brakpan Magistrates’ Court has denied bail to former police Special Task Force officer Matipandile Sotheni, finding that witnesses could be at risk if he were released and that he may have an incentive to evade trial if convicted.

Sotheni (42) faces 16 charges, including conspiracy to commit murder, murder and three counts of attempted murder linked to the killing of Marius van der Merwe, known as Witness D during the Madlanga Commission.

Police investigations revealed that the plan to eliminate Van der Merwe, the director of a private security company, appears to have been set in motion after his testimony, with surveillance on him dating back to about the end of November last year.

He was ultimately gunned down on 5 December 2025 outside his Brakpan home in Ekurhuleni, in full view of his wife and two minor children.

Handing down judgment on Monday, 1 June 2026, the court found that the State had presented sufficient evidence linking Sotheni to the murder.

“The court is satisfied that the applicant is sufficiently linked to the murder charge,” Magistrate Tlakale Sathekge said.

A key consideration in the ruling was the potential threat posed to witnesses should Sotheni be released.

“The court knows that if the applicant is prima facie, as the evidence suggests, capable of inflicting fatal injury or death on a witness in a case where he is not said to be implicated, the danger is clear and real in being directed at the witnesses in a case against him,” Sathekge found.

The magistrate also accepted the State’s argument that the severity of the charges and the possibility of a life sentence increased the risk that Sotheni might abscond.

“The motivation is in the fact that, should he be convicted, he will face the possibility of imprisonment for life on count two alone,” the court said.

“The court does not lose sight of the fact that most of the remainder of the charges also carry the possibility of long-term imprisonment.”

Sathekge added that this was relevant when considering whether Sotheni would stand trial if granted bail.

The court further noted the State’s submission that Sotheni’s specialist training and experience could enable him to find employment abroad.

National police spokesperson Athlenda Mathe said Sotheni was a highly trained former police officer with specialis