The National Prosecuting Authority (NPA) has welcomed the ruling by the Brakpan Magistrate's Court to deny bail to 42-year-old Matipandile Sotheni. The accused faces multiple serious charges, including conspiracy to commit murder, premeditated murder, three counts of attempted murder, various firearm and ammunition-related offenses, and theft of state property.
Background of the investigation
The legal proceedings stem from the killing of Witness D, Marius van der Merwe, who had previously testified before the Madlanga Commission regarding a murder investigation in Brakpan in November 2025. It is alleged that after this testimony, the accused conspired to kill Van der Merwe and placed him under surveillance.
On 05 December 2025, while the witness was arriving at his home with his wife and two minor children, the accused allegedly opened fire and fatally wounded him. Following an investigation by a police task team established to investigate matters arising from the Madlanga Commission, the accused was arrested on 14 March 2026.
Arguments and final decision
During his bail application, Sotheni sought release on R30 000 bail, citing that he had no prior convictions, no pending cases, and had family and three minor children to support. The State, represented by Advocates Maphalala and Mphahlele, opposed the application by arguing that the accused was a flight risk and likely to interfere with the ongoing investigation.
The magistrate agreed with the State, finding that the accused failed to prove that exceptional circumstances existed to justify his release in the interest of justice. Consequently, bail was denied, and the case was postponed until 30 July 2026 for further investigation.