The man accused of murdering Marius van der Merwe, a key witness at the Madlanga Commission of Inquiry known as Witness D, has strongly denied involvement in the crime during his second appearance in the Brakpan Magistrates Court .
Matiphandile Sotheni, a former member of the SAPS Special Task Force, is accused of fatally shooting van der Merwe outside his home in Brakpan in December 2025 .
Court Appearance
Sotheni appeared in court dressed in a black suit and a flashy wristwatch, appearing visibly agitated . Seated behind him were members of van der Merwe’s family, some of whom became emotional as Sotheni entered the courtroom .
After the defence and prosecution agreed to postpone the matter to 14 May 2026 for a formal bail application, Sotheni lashed out in anger. Although the magistrate did not grant him permission to address the court, he insisted on speaking .
“I fully deny the allegations that were levelled against me. I had nothing to do with this crime!” Sotheni said . He added that he was not happy with the decision to move his bail application to May .
Background of the Case
Van der Merwe was shot and killed outside his home in Brakpan on 5 December 2025, shortly after arriving with his family . Gunmen opened fire, shooting him in the head and leg in what police described as a targeted attack carried out in full view of his wife and children, who were unharmed .
According to police investigations, Wiandre Pretorius was the driver of the Suzuki Swift used in the drive-by shooting, while Sotheni was in the passenger seat and pulled the trigger . Pretorius reportedly shot himself at a petrol station in Brakpan on 8 February 2026 in front of his partner, who is a police officer .
Sotheni faces charges of conspiracy to commit murder, premeditated murder, three counts of attempted murder, and possession of unlicensed ammunition . The matter has been classified as a Schedule 6 offence, meaning Sotheni bears the onus of proving exceptional circumstances to be considered for bail .
Witness D’s Testimony
Van der Merwe, a former EMPD officer who later worked in the private security industry, had testified before the Madlanga Commission in November 2025 . During his testimony, he made explosive allegations about corruption and criminal conduct within the Ekurhuleni Metropolitan Police Department, including claims that officers were involved in the torture and killing of a robbery suspect in 2022 .
He alleged that suspended EMPD acting chief Brigadier Julius Mkhwanazi instructed him to dispose of the body to conceal the crime .
Official Reactions
National Police Commissioner General Fannie Masemola described the arrest as a breakthrough, though he confirmed that another suspect linked to the killing remains at large and investigations are continuing .
Portfolio Committee on Police chair Ian Cameron called the arrest “an important first step” but stressed that “the real test is whether SAPS can build a case that reaches beyond the alleged shooter and exposes who planned, enabled and ordered this murder” .
