Matipandile Sotheni, a former elite police unit member, is expected to appear in the Brakpan Magistrate’s Court on multiple charges, including premeditated murder.
Image: Itumeleng English / Independent Newspapers
Two months after Matipandile Sotheni was arrested for the murder of Witness D in the Madlanga Commission, his fight for bail continues in the Brakpan Magistrate’s Court on Thursday.
Sotheni, a former member of the South African Police Service (SAPS) Special Task Force, was arrested on March 14, 2026, in connection with the brutal murder of EMPD officer Marius van der Merwe.
He faces 16 charges, including conspiracy to commit murder, murder, and attempted murder.
Police allege Sotheni was the gunman in a drive-by shooting that killed Van der Merwe, outside his Brakpan home on December 5, 2025.
The victim, known as Witness D at the Madlanga Inquiry, was gunned down weeks after his testimony.
In court this week, Sotheni's lawyer, Nthabiseng Mohamane, submitted an affidavit outlining Sotheni’s personal circumstances.
Mahomane is the same lawyer who represented political fixer Brown Mogotsi at the Madlanga Commission last week.
In the affidavit, Sotheni said he had no previous convictions and was willing to pay bail of up to R30,000.
His lawyer argued that the State’s case was “weak” and maintained that Sotheni did not commit the alleged offences.
However, the State insists it has a watertight case against him.
Van der Merwe, a former EMPD officer and security specialist, testified before the commission in November last year, alleging misconduct within the EMPD.
He implicated suspended Ekurhuleni Metro Police Department deputy chief Brigadier Julius Mkhwanazi in the murder of Emmanuel Mbhense.
Mbhense was allegedly tortured after stolen property was discovered.
His body was found dumped at Duduza Dam in Nigel in April 2022.
National police spokesperson Brigadier Athlenda Mathe previously said police informant Wiandre Pretorius, who was linked to the Madlanga Commission, was also implicated in van der Merwe’s murder. Pretorius later died by suicide at a petrol station in Brakpan.
Police allege Pretorius drove the Suzuki Swift that was later traced to Sotheni’s girlfriend.
Mathe said Sotheni joined SAPS in 2005 and the elite Special Task Force in 2010 before resigning in 2019 to move into the private sector.
“This gives some insight into how Sotheni operated,” she said.
“He would execute and eliminate Witness D on the spot because of the training that our Special Task Force members receive. They knew he was the best person for the job.”
Pretorius had previously survived a shooting in which his car was reportedly hit 16 times.
He was also named in the alleged murder of Mbhense.
simon.majadibodu@iol.co.za
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