Ex‑SAPS task force officer Sotheni denied bail in Witness D murder case

Ex‑SAPS task force officer Sotheni denied bail in Witness D murder case

Cape Town – Former South African Police Service (SAPS) Special Task Force (STF) officer Matipandile Sotheni has been denied bail by the Brakpan Magistrate’s Court in connection with the murder of Marius van der Merwe, who was also known as Witness D at the Madlanga Commission.

According to SABC News, Sotheni previously denied any involvement in Van der Merwe’s killing and, through his legal team, informed the court that he intends to stand trial to prove his innocence.

He faces 16 charges, including conspiracy to commit murder, murder and attempted murder.

In handing down her ruling on Monday, Magistrate Tlakale Sathekge found that Sotheni had failed to demonstrate exceptional circumstances that would justify his release on bail.

According to The Citizen, the magistrate said the State had established a likelihood that the accused could interfere with witnesses and tamper with evidence.

“The State’s case against the applicant is not weak,” Sathekge said.

The magistrate noted that several State witnesses were known to Sotheni and that his specialised training and experience raised concerns about his ability to identify and potentially interfere with witnesses.


“The evidence has shown firstly that some of the state witnesses are known to the applicant. Secondly, the applicant has the means to identify witnesses even when their identities are concealed. Thirdly, due to his extensive training and work in the police task team and security services, he has the means and the ability to carry out the risk,” she said.

The State further argued that Sotheni’s specialised skills and training could enable him to secure employment in countries where extradition may prove difficult. Addressing this concern, Sathekge said Sotheni’s response did not adequately address the risk.

“His reply thereto is not an undertaking, but only that it is not true,” the magistrate said.

The court also considered allegations that Sotheni had access to information contained in the police docket that would ordinarily be known only to investigating officers.

According to the ruling, both the State and the defence confirmed that the contents of the police docket had not been disclosed, apart from Sotheni’s warning statement. Despite this, Sotheni appeared to have knowledge that the docket had gone missing and claimed that investigators were working from a second docket.

“He does not disclose how he got this information. The state confirmed that the docket indeed went missing at some point. However, the original docket was recovered, and there is no second docket,” Sathekge said.

The magistrate further noted that Sotheni had commented on details of the crime scene, including claims that the deceased’s children were crying at the scene, the response times of emergency personnel and the mapping of the area. This was despite his earlier evidence that he did not know where he was in Brakpan at the three relevant locations connected to the case.


Sathekge also referred to evidence suggesting tampering and concealment of evidence.

“The facts further show that there was tampering and concealment of evidence in that the firearm used in the commission of the offence was fired, and both carrier and bolt from a different firearm were swapped,” she said.

The matter has been postponed to 30 July 2026 for further investigation.

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Compiled by Glaan Sibuyi

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