Former Special Task Force member, Matipandile Sotheni. Former Special Task Force member, Matipandile Sotheni, 41, accused of killing Marius van der Merwe, who was known as Witness D at the Madlanga Commission, is set to return to the Brakpan Magistrate’s Court.
Image: Itumeleng English/ Independent Newspapers
Matipandile Sotheni, 41, is set to return to the Brakpan Magistrate’s Court on Monday as proceedings continue in the case linked to the drive-by shooting of Marius van der Merwe, who was known as Witness D at the Madlanga Commission.
Sotheni will appear with a new legal representative after his previous lawyer withdrew, allowing the new attorney to take over the case.
The former member of the South African Police Service (SAPS) Special Task Force, has denied any involvement in the murder.
Last month, he was expected to apply for bail, but the matter was postponed to May 14. He first appeared in court on March 16 following his arrest.
Police allege Sotheni acted as the gunman in a drive-by shooting that killed Van der Merwe outside his Brakpan home on December 5, 2025.
He faces charges of conspiracy to commit murder, premeditated murder, three counts of attempted murder, and unlawful possession of ammunition.
In court, Sotheni denied all charges.
“The allegations levelled against me, I deny them fully. I have nothing to do with this crime,” he said. “I wish to state under oath. I want to state in English, Your Worship, because I wish to assist the court.”
He also expressed dissatisfaction with his legal representation, saying the lawyer present had not been instructed by him.
“It’s the first time I’ve seen him today. He has not been given instruction by me. He did not even take my statement,” Sotheni said.
He added that he was ready to give his statement but did not know who had appointed the lawyer.
“I’m arrested here for something I did not commit. Instructions are coming left, right and centre, Your Worship,” he said. “I have not done anything here. I’m on social media. My name is being painted. Postponing this case delays the matter, and I wish to assist the court.”
Speaking to journalists, Sotheni maintained his innocence.
“No, I am not okay. I have to take my children to school. I’ve got a lot to do. I have work, I have three kids,” he said. “I haven’t done this.”
His former attorney, Eric Bryer, withdrew from the case, over irreconcilable differences.
It also emerged that Bryer had not properly consulted with Sotheni and had only met him on the day of his first court appearance.
KILLED: The Marius van der Merwe, who was known as Witness D ar the Madlanga Commission was killed in outside his Brakpan home in December 2025.
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National police spokesperson Brigadier Athlenda Mathe previously alleged that Wiandre Pretorius, a police informant linked to the Madlanga Commission, was also implicated in van der Merwe’s murder. Pretorius died by suicide at a petrol station in Brakpan.
Police allege Pretorius drove the Suzuki Swift, later traced to Sotheni’s girlfriend.
Mathe said Sotheni joined SAPS in 2005 and the elite Special Task Force in 2010.
He resigned in 2019 and moved 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.”
Mathe described the arrest as a setback for SAPS.
“It is quite an unfortunate day for us, having a former member arrested on a very serious charge in relation to the murder of Witness D,” she said.
“When you look at the cost of training a Special Task Force member, each costs more than R1 million. It’s quite a loss for SAPS. But at the same time, it is good that we rid our organisation of corrupt and criminal elements that do not deserve to be in a blue uniform.”
She said investigators have also interviewed two other people in connection with the murder.
Pretorius had previously survived a shooting in which his car was reportedly hit 16 times.
He was also named in the alleged murder of Emmanuel Mbhense, whose body was found at Duduza Dam in Nigel in April 2022.
Van der Merwe, a former EMPD officer and security specialist, testified before the commission in November last year, alleging misconduct within the EMPD and acting as a whistleblower in Mbhense’s murder.
SATURDAY STAR