South Africa: Court Finds Witness D Murder Accused Could Target Witnesses and Flee Country

Witness safety concerns, an AK-47 allegedly linked to the murder of Witness D and an attempt to shift responsibility onto a deceased associate were among the reasons the Brakpan Magistrates' Court denied bail to former Special Task Force officer Matipandile Sotheni.

The Brakpan Magistrates' Court has denied bail to former police Special Task Force officer Matipandile Sotheni, finding that witnesses could be at risk if he were released and that he may have an incentive to evade trial if convicted.

Sotheni (42) faces 16 charges, including conspiracy to commit murder, murder and three counts of attempted murder linked to the killing of Marius van der Merwe, known as Witness D during the Madlanga Commission.

Police investigations revealed that the plan to eliminate Van der Merwe, the director of a private security company, appears to have been set in motion after his testimony, with surveillance on him dating back to about the end of November last year.

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He was ultimately gunned down on 5 December 2025 outside his Brakpan home in Ekurhuleni, in full view of his wife and two minor children.

Handing down judgment on Monday, 1 June 2026, the court found that the State had presented sufficient evidence linking Sotheni to the murder.

"The court is satisfied that the applicant is sufficiently linked to the murder charge," Magistrate Tlakale Sathekge said.

A key consideration in the ruling was the potential threat posed to witnesses should Sotheni be released.

"The court...

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