The National Prosecuting Authority has confirmed that it has received communication from the legal representative of murder accused Matipandile Sotheni indicating an intention to withdraw from the case.
Sotheni, a former SAPS Special Task Force member, is accused of killing Marius van der Merwe, also known as Witness D. Van der Merwe was a key whistleblower who testified anonymously before the Madlanga commission of inquiry in November 2025.
NPA spokesperson Lumka Mahanjana told TimesLIVE that while the prosecution had been formally notified, the withdrawal process is not yet complete. She said the lawyer will have to formally withdraw from the case on record in court.
The development follows dramatic scenes during Sotheni’s recent appearance at the Brakpan magistrate’s court, where he openly rejected the lawyer who appeared on his behalf. Addressing the court directly, Sotheni claimed he had not instructed the legal representative and questioned how decisions about his defence were being made. He said he was seeing the lawyer for the first time and that the lawyer had not taken his statement.
Sotheni insisted on his innocence and said he wanted to assist the court under oath. However, the magistrate advised him to communicate through his legal representative and to address any concerns through proper legal channels before the next court date.
Sotheni faces multiple charges, including murder, attempted murder, conspiracy to commit murder, and unlawful possession of a firearm and ammunition. The charges relate to the fatal shooting of Van der Merwe in December 2025 outside his home in Brakpan. Van der Merwe had testified as a protected whistleblower, making his killing a matter of considerable public interest.
Sotheni was arrested in Johannesburg on March 14 in connection with the murder.
Despite Sotheni’s claims in court, reports from eNCA suggest that attorney Eric Bryer had consulted with him before the court appearance. According to the broadcaster, Bryer met Sotheni on March 18 and obtained documentation confirming his identity, employment details and signature. It is further reported that Sotheni signed a bail application affidavit granting Bryer a mandate to represent him.
The apparent contradiction between Sotheni’s courtroom statements and the reported documentation is likely to be a key issue as proceedings continue. The matter is expected to return to court on May 14.
