Witness D’s family calls bail ruling ‘a victory, but an emotional one’ after court decision
The sister of Marius van der Merwe, who was known as Witness D at the Madlanga Commission, has described the denial of bail to former Special Task Force officer Matipandile Sotheni as “a victory, but an emotional one.”
She broke down in tears at the Brakpan Magistrate’s Court on Monday, where Sotheni was denied bail.
Sotheni, 42, remains in custody after being accused of killing Van der Merwe at his Brakpan home on December 5, 2025.
The matter was postponed to July 30 for further investigation.
Speaking inside the court after the bail judgement, Natasha van der Merwe said the ruling brought relief, but also deep grief.
“This particular opportunity has apparently led me to fail. Very emotional, happy, but emotional, I must say.
“This is what we wanted, but it’s emotional to hear how, what they did to my brother, how they killed him…It will never bring my brother back, never. And his soul’s not resting.”
She said the decision to deny bail was a victory, but an emotional one.
“Definitely, it’s a victory, but it’s an emotional victory. I’m happy at the same time that he didn’t get by.
“I’m happy with (my) family, we all will be celebrating this…But with this comes emotions of why did they take my brother away? Why did they have to kill him in that way?” she asked.
“The way I saw him in the coffin, and then I heard about all the previous court hearings, that he was allegedly shot in the head.
“It makes me now understand why they covered his face so much, because why kill him in such a brutal way, why? It’s my brother, I’ll never see him again, never, never ever, never. And I just keep on thinking about him and I wish I could be there for him.
“I wish I could have protected him the way he protected me many years ago,” she added.
Sotheni faces 16 charges, including murder, conspiracy to commit murder, attempted murder, unlawful possession of a firearm, ammunition-related offences and theft.
He was arrested on March 14, 2026.
Prosecutors allege he conspired with Wiandre Pretorius to kill Van der Merwe after learning he intended to testify against them. Pretorius later died by suicide.
Van der Merwe had previously testified before the Madlanga Commission in November 2025, implicating suspended EMPD deputy chief Brigadier Julius Mkhwanazi in an alleged murder linked to the case of Emmanuel Mbhense.
Mbhense was later found dead at Duduza Dam in Nigel in April 2022, after allegedly being tortured.
The State alleges Sotheni was involved in the alleged conspiracy to kill Van der Merwe.
Pretorius, who was also implicated in the Madlanga Commission, later died by suicide at a Brakpan petrol station in February 2026.
Police say he had previously survived a shooting in which his vehicle was struck multiple times.
Opposing bail, prosecutors previously argued that Sotheni’s release would pose a risk to public safety, witnesses and the integrity of the investigation.
They said an AK-47 rifle and ammunition were allegedly found in his vehicle at the time of his arrest.
Defence lawyer Nthabiseng Mohamane previously challenged the State’s ballistic evidence, arguing that firearm components can be altered or replaced, and denied that her client used an AK-47 in the alleged killing.
In an affidavit, Sotheni denied involvement in the murder, saying he was not in possession of such a weapon on the day of the shooting.
He also said detention would cause severe financial hardship and argued he was not a flight risk, noting he had surrendered his passport.
Magistrate Tlakale Sathekge ruled that the State’s case was not weak and found that Sotheni had failed to show why release would be in the interests of justice.
The court found there was a likelihood that, if released, he could endanger witnesses, interfere with evidence or undermine the criminal justice process.
IOL News
