Sharply opposing versions of events emerged in the Brakpan Magistrate’s Court on Monday, 18 May, as former elite police officer Matipandile Sotheni applied for bail in connection with the murder of Marius van der Merwe, also known as “Witness D”.
Sotheni, a former member of the Special Task Force (STF) within the South African Police Service (Saps), is facing a string of serious charges.
The 16 charges include murder, conspiracy to commit murder, three counts of attempted murder, unlawful possession of a firearm, ammunition-related offences, as well as theft.
Witness D’s murder planned
The charges stem from the fatal shooting of Van der Merwe at his home in Brakpan on 5 December 2025, an incident that unfolded in front of his family.
The prosecution allege that Sotheni did not act alone, claiming he conspired with Wiandre Pretorius – who died by suicide earlier this year – and others still to be unidentified.
According to the charge sheet, the attack was deliberate and coordinated.
The attempted murder charges relate to Van der Merwe’s wife and two children, who survived the shooting.
The state also detailed the circumstances surrounding Sotheni’s arrest in March this year, when police allegedly discovered a licenced AK-47 rifle and a significant quantity of ammunition – 125 rounds of R5 rifle, 31 rounds of R1 rifle, 17 rounds of 9mm Parabellum pistol – at his residence in Bassonia, Johannesburg.
The authorities believe the ammunition had been stolen from Saps.
In addition, Sotheni was found with a licenced .308 calibre semi-automatic rifle containing four live rounds and three 9mm magazines – one of which had 12 rounds.
Sotheni seeks bail, denies charges
In his sworn statement read out by his legal representative, Nthabiseng Mohumane, Sotheni firmly rejected the allegations against him.
“The facts will show that I did not kill any person. I do not know when and how I murdered the deceased,” the affidavit reads.
He told the court he has been working as a security coordinator at K61 Blazer Investments since May 2025, earning R50 000 monthly.
Maintaining he poses no danger to anyone, Sotheni also insisted he has no criminal history and no protection orders against him, adding that he had no intention of evading trial.
“I am well known given the media attention that this case has received.”
He also warned that continued detention could have severe personal consequences.
“The probable period of detention until the disposal or conclusion of the trial will be lengthy and it will be prejudicial to me if I remain in custody.
“I will lose my employment and this will render me in a position where I will not be able to pay for legal representation.”
He offered to pay R30 000 for his release.
Relationship with slain police reservist
Central to the case is Sotheni’s relationship with Pretorius, a former police reservist.
Sotheni told the court their acquaintance began in 2019 after meeting in Etwatwa and later developed through social media interactions, where the ex-STF officer posted shooting-related content.
“He asked me to train him to become a sharpshooter.”
The former elite cop testified that he had contacted Pretorius after learning his name had surfaced during the Madlanga commission in November 2025.
Their meetings intensified including at The Glen Shopping Centre, where Pretorius allegedly spoke about the 2022 murder of Emmanuel Mbense.
Both Pretorius and van der Merwe were considered persons of intertest in Mbense’s killing.
“I could see that Wiandre was in a lot of stress and seemed to be frustrated by his name trending for the wrong reasons.
“I think Wiandre looked up to me and he respected me a lot, hence, he confided in me,” Sotheni’s statement read.
A subsequent meeting at Carnival City on 28 November coincided with Sotheni purchasing ammunition, which he claims was for legitimate use at a shooting range.
During these interactions, Sotheni stressed that it became clear there was deep hostility between Pretorius and Van der Merwe.
“He also showed me a picture of a zama zama guy who was buried alive allegedly by Marius van der Merwe.
“I have picked up that there was serious animosity between Wiandre and Marius. Wiandre even told me that he assaulted Marius as they were no longer in a good relationship.”
Timeline of the day of the killing
Sotheni described a series of movements days leading up to the assassination, including a drive to Brakpan where Pretorius switched vehicles and joined him in a black Suzuki Swift belonging to Sotheni’s girlfriend.
“Wiandre never specified the kind of help that he needed, but I could tell that he wanted Marius van der Merwe killed.”
On the day of the murder, Sotheni said Pretorius arrived in an Isuzu bakkie allegedly driven by his partner, suspended police sergeant Juan-Maré Eksteen.
After spending time together driving and grabbing food, Sotheni said they went their separate ways.
He claims he only learned of van der Merwe’s death later that day.
He attempted to contact Pretorius without success and later discovered that Pretorius had survived a hit on 5 February before taking his own life two days later.
Sotheni again denied any involvement.
“There were two attempts to unalive Witness D as he was investigating illegal mining around the Springs area.
“Witness D, in his testimony at the Madlanga commission, implicated officers from Ekurhuleni and I am not employed there neither do I have any interest there.
“I left Saps a long time ago. As I have informed the court, I did not know Witness D and did not have any gripe with him,” he said.
He added: “The states case against me is weak.”
Investigator challenges defence version
However, investigating officer Lawrence Mdlalose presented evidence suggesting premeditation and surveillance.
According to his affidavit, van der Merwe had reported being followed by a black Suzuki two days before his death.
Each time he tried to approach the vehicle, it sped away. The car was later traced to Sotheni’s girlfriend.
Mdlalose also pointed to cellphone records.
“Call data analysis also reveal suspicious behaviour on the part of both Pretorius and the applicant that their cellphones were switched off while travelling to Brakpan in the same vehicle.
“This conduct is also indicative of a deliberate attempt to evade detection,” the investigating officer’s statement said.
Further allegations include tampering with alleged murder weapon – an AK-47 rifle owned by Sotheni’s actual employer, Tactical Security Services, to prevent forensic tracing.
Ballistic evidence, Mdlalose said, links the cartridge cases found at the crime scene to the firearm.
Concerns over flight risk raised
The state argued that Sotheni’s personal circumstances increase the risk of him evading justice.
It was revealed he maintains various addresses as his wife and two minor children in Bedfordview.
Meanwhile, the accused stays with his girlfriend and another child at a rented flat in Bassonia.
“This demonstrates that he has access to multiple residences.”
Mdlalose also highlighted that his employer refused to confirm his salary.
Additionally, both his wife and girlfriend are employed and financially independent.
Sotheni has also been suspended from his job.
Despite not having a passport, the state warned that his specialised security skills are sought abroad and he could easily find work outside South Africa.
“The applicant is, therefore, a flight risk.”
The matter has been postponed, with the bail hearing expected to resume on Thursday, 21 May.
