Former South African Police Service (SAPS) Special Task Force sharpshooter Matipandile Sotheni has been denied bail by the Brakpan Magistrate’s Court in connection with the murder of state witness Marius van der Merwe, who was gunned down outside his home in December 2025.
The court found that releasing Sotheni would not be in the interests of justice, citing the strength of the State’s case, concerns about witness interference, and the possibility that he could evade trial.
Van der Merwe, who testified before the Madlanga Commission of Inquiry under the protected identity “Witness D”, was shot and killed in the driveway of his Brakpan home on 5 December 2025 in front of his wife and two minor children.
Sotheni, who left the SAPS Special Task Force to work in the private security industry, faces multiple charges, including murder, conspiracy to commit murder, attempted murder, and firearm-related offences linked to Van der Merwe’s killing.
In refusing bail, Magistrate Tlakale Sathekge ruled that Sotheni had failed to demonstrate the exceptional circumstances required for release in a Schedule 6 matter.
The State alleges that Van der Merwe had reported being followed by a black Suzuki Swift in the days leading up to his murder. Investigators subsequently linked the vehicle to Sotheni through his girlfriend, in whose name the vehicle was registered. Tracker data allegedly placed the vehicle near Van der Merwe’s home on several occasions before the fatal shooting.
Although Sotheni admitted being in the Brakpan area during the relevant period, he maintained that his visits were unrelated to the murder and were connected to meetings with the late Wiandre Pretorius, who had also been implicated by Van der Merwe.
However, the court found inconsistencies in Sotheni’s version of events and noted that aspects of his explanation changed during the bail proceedings.
The State further alleges that an AK-47 rifle recovered from a vehicle belonging to Sotheni’s employer and issued to him was linked through ballistic evidence to Van der Merwe’s murder.
While Sotheni’s legal representative argued that the State’s case was largely circumstantial and lacked direct evidence identifying him as the shooter, the court held that circumstantial evidence can be highly persuasive when considered collectively.
The magistrate found that the State had established a prima facie case linking Sotheni to the offences and expressed concern about witness safety, noting that Van der Merwe was killed shortly after giving evidence despite efforts to protect his identity.
Sotheni, who has been in custody since his arrest in March 2026, told the court that he has a fixed address, strong family ties in South Africa, and financial responsibilities, including supporting relatives and children. However, the court found that some of these claims were either not fully disclosed initially or were unsupported by evidence.
The matter has been postponed to 30 July 2026 for further investigation. Sotheni remains in custody.
