Former police sharpshooter Matipandile Sotheni was denied bail by the Brakpan magistrate’s court on Monday in connection with the murder of Marius van der Merwe, a state witness who was gunned down outside his home in December last year.
The court found that releasing Sotheni, who quit the South African Police Service special task force to work in the private security industry, would not be in the interests of justice, citing the strength of the state’s case, the risk of witness interference and the possibility that he could evade trial.
Sotheni faces multiple charges, including murder, conspiracy to commit murder, attempted murder and firearm-related offences linked to the killing of Van der Merwe on December 5 2025.
Van der Merwe was shot and killed in the driveway of his Brakpan home in front of his wife and two minor children.
In refusing bail, magistrate Tlakale Sathekge said Sotheni had failed to show “exceptional circumstances” required in a Schedule 6 matter.
The court found there was a likelihood that, if released, Sotheni could endanger witnesses, interfere with evidence or undermine the criminal justice process.
The state alleges Van der Merwe was a key witness in another murder investigation and had testified before the Madanga Commission of Inquiry into political interference in the criminal justice system under the protected identity “Witness D”.
According to evidence before court, Van der Merwe had reported being followed by a black Suzuki Swift days before his death. Investigators linked the vehicle to Sotheni through his girlfriend, in whose name the car was registered.
The state further alleged tracker data placed the vehicle near Van der Merwe’s home on several occasions before the shooting.
Sotheni admitted being in the Brakpan area on the dates in question but insisted his visits were innocent and linked to meetings with the late Wiandre Pretorius, who had also been implicated by Van der Merwe.
The court, however, found inconsistencies in Sotheni’s version and noted that his explanations changed during the bail proceedings.
Sathekge also pointed to allegations that an AK-47 rifle linked through ballistic evidence to Van der Merwe’s murder was recovered from a vehicle belonging to Sotheni’s employer and issued to him.
While his legal representative, Nthabiseng Mohumane, argued the state’s case was largely circumstantial and that there was no direct evidence identifying Sotheni as the shooter, the court said circumstantial evidence could be compelling when viewed cumulatively.
The magistrate said the state had established a prima facie case sufficiently linking Sotheni to the charges.
The court also highlighted concerns about witness safety, noting that Van der Merwe’s killing came shortly after his commission testimony despite efforts to conceal his identity.
Sotheni, who has been in custody since his arrest in March, argued that he had a fixed address, family ties in South Africa and financial responsibilities, including supporting relatives and children.
However, the court found aspects of his personal circumstances had not been fully disclosed initially and said several claims about financial dependents were unsupported.
The matter was postponed to July 30 for further investigation. Sotheni remains in custody.
TimesLIVE
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