Man accused of killing Madlanga Commission witness denies charges

Murder accused, Matipandile Sotheni, who faces 16 counts linked to the killing of Madlanga Commission witness, Marius van der Merwe, claims he only learnt about Witness D’s murder through television news reports.

Sotheni, a former Special Task Force member, was arrested months after the fatal shooting and is accused of being involved in the targeted assassination of the witness.

In an affidavit before court, he admitted to driving around Brakpan with the late, Viandre Pretorius on several occasions, but denied that the meetings were part of any plot to kill van der Merwe.

After several delays in the high-profile murder case, Sotheni’s bail application was finally heard at the Brakpan Magistrate’s Court.

Sotheni, who was arrested in March, denied owning multiple firearms or an AK-47 rifle, stating the only AK-47 he previously handled was during his former employment.

He told the court that after his employment ended, he no longer had access to where the rifle was kept.

Through his lawyer Nthabiseng Mahomane, Sotheni maintained that he was arrested approximately three months after the alleged offence and he does not understand how he is linked to these charges.

“I did not have more guns and an AK-47 rifle. The only AK-47 rifle I carried belonged to Mr. Muhammad Saeed, whose employment I left on the night of October 2024 after our working relationship was soured due to mutual influence that happened in Cape Town. After the termination of my employment, I’ve never had any access to where the AK-47 rifle was kept. I was arrested approximately three months after the alleged offence, and to date, I do not know how I am connected to the offence in question.”

Sotheni says based on his submissions, the State’s case is weak and cannot sustain a conviction.  He argued that the prosecution will not be able to prove beyond reasonable doubt.

“I wish to emphasise that based on the submission, the state’s case is weak and will not be able to prove beyond reasonable doubt that I be convicted of the offences as contained in the charge sheet,” said his lawyer Mahomane.

The State strongly opposed bail, citing the seriousness of the offence, the strength of its case, and the fact that the deceased was a key witness who had testified before the Madlanga Commission and was expected to give crucial evidence in related criminal proceedings.

“ In the circumstances, having regard to the seriousness of the offence, the strength of the state case, the status of the deceased as a witness who testified before the Madlanga Commission, who was likely to give crucial evidence in a criminal proceeding that could have resulted in the prosecution and possible imprisonment of influential persons. I strongly oppose the granting of bail to the applicant. I therefore submit that if the applicant fails to demonstrate exceptional circumstances exist that warrant his bail, it is accordingly in the interest of justice that the applicant remains in custody pending the finalisation of the trial,” says State Prosecutor, Advocate Nqobile Maphalala.

The matter was postponed to Thursday, 21 May 2026 for further hearings on the bail application.

VIDEO | Murder accused, Matipandile Sotheni’s court appearance: