Brakpan court denies bail to man accused of killing state witness

The Brakpan Magistrate’s Court has denied bail to a 42-year-old man accused of orchestrating and carrying out the murder of a key state witness, the National Prosecuting Authority (NPA) confirmed.

Matipandile Sotheni faces a string of serious charges, including conspiracy to commit murder, premeditated murder, three counts of attempted murder, unlawful possession of a firearm, four counts of unlawful possession of ammunition, failure to safeguard both a firearm and ammunition, and theft of state property.

According to the state, the victim, identified as “Witness D” and real name was Marius van der Merwe, had testified before the Madlanga Commission of Inquiry in November 2025. It is alleged that following this testimony, Sotheni conspired to have him killed and conducted surveillance on him.


Sotheni allegedly opened fire

The state further alleges that on December 5, Sotheni positioned himself near Van der Merwe’s residence. When the victim arrived home accompanied by a spouse and two minor children, Sotheni allegedly opened fire. Van der Merwe was fatally wounded and declared dead at the scene.

Investigations conducted by a specialised police task team established to probe matters arising from the Madlanga Commission led to Sotheni’s arrest on March 14.

During bail proceedings, Sotheni applied for release on R30 000 bail, citing that he had no previous convictions or pending cases. He also told the court that he has three minor children and a family dependent on him for support.

The state, represented by advocates Maphalala and Mphahlele, opposed the application, arguing that the accused posed a flight risk and could interfere with the ongoing investigation.

In her ruling, the magistrate sided with the state, finding that Sotheni had failed to demonstrate exceptional circumstances that would justify his release on bail. The court further held that granting bail would not be in the interests of justice.

Bail was accordingly denied, and Sotheni remains in custody.

The matter has been postponed to July 30 for further investigation.


 

 

  • The Brakpan Magistrate’s Court denied bail to Matipandile Sotheni, accused of orchestrating and carrying out the murder of key state witness Marius van der Merwe.
  • Sotheni faces multiple charges including conspiracy to commit murder, premeditated murder, attempted murder, unlawful possession of firearm/ammunition, and theft of state property.
  • Van der Merwe had testified before the Madlanga Commission of Inquiry in November 2025, after which Sotheni allegedly conspired to kill him and opened fire at his residence on December 5, killing him.
  • Sotheni was arrested on March 14 following investigations by a specialized police task team linked to the Madlanga Commission.
  • Bail was denied due to the risk of flight and potential interference in the investigation; the case is postponed to July 30 for further investigation.
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The Brakpan Magistrate’s Court has denied bail to a 42-year-old man accused of orchestrating and carrying out the murder of a key state witness, the National Prosecuting Authority (NPA) confirmed.

Matipandile Sotheni faces a string of serious charges, including conspiracy to commit murder, premeditated murder, three counts of attempted murder, unlawful possession of a firearm, four counts of unlawful possession of ammunition, failure to safeguard both a firearm and ammunition, and theft of state property.

According to the state, the victim, identified as “Witness D” and real name was Marius van der Merwe, had testified before the Madlanga Commission of Inquiry in November 2025. It is alleged that following this testimony, Sotheni conspired to have him killed and conducted surveillance on him.

The state further alleges that on December 5, Sotheni positioned himself near Van der Merwe’s residence. When the victim arrived home accompanied by a spouse and two minor children, Sotheni allegedly opened fire. Van der Merwe was fatally wounded and declared dead at the scene.

Investigations conducted by a specialised police task team established to probe matters arising from the Madlanga Commission led to Sotheni’s arrest on March 14.

During bail proceedings, Sotheni applied for release on R30 000 bail, citing that he had no previous convictions or pending cases. He also told the court that he has three minor children and a family dependent on him for support.

The state, represented by advocates Maphalala and Mphahlele, opposed the application, arguing that the accused posed a flight risk and could interfere with the ongoing investigation.

In her ruling, the magistrate sided with the state, finding that Sotheni had failed to demonstrate exceptional circumstances that would justify his release on bail. The court further held that granting bail would not be in the interests of justice.

Bail was accordingly denied, and Sotheni remains in custody.

The matter has been postponed to July 30 for further investigation.

 

 

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