By Akani Nkuna
The bail application of Matipandile Sotheni, who is accused of the murder of Marius van der Merwe, also known as Witness D at the Madlanga Commission, has been moved to 24 April.
The bail application was moved from 14 May after his lawyer told the Brakpan Magistrate’s Court on Monday that the original date was too far away.
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Sotheni first appeared in the same court on 16 March on charges that include murder, conspiracy to commit murder, attempted murder, and the unlawful possession of a firearm and ammunition.
He appeared in court again on 25 March, when his bail application was postponed to 14 May.
During his court appearance on Monday, the 41-year-old former SAPS Special Task Force member’s newly appointed advocate, Nthabiseng Mohomane, said that the initial bail application date set for 14 May was obstructive to his pursuit of justice.
“Upon receiving instructions your worship, the attitude of the defence is that the date is far. It takes away the sense of urgency when it comes to the importance of bail application,” Mohomane said.
Former EMPD officer and security company owner Van der Merwe was assassinated outside his Brakpan home in December 2025.
Just two weeks before his murder, Van der Merwe told the commission about corruption and an alleged murder cover-up involving senior metro police officials.
Police arrested Sotheni in March following an investigation by a specialised task team probing criminal cases linked to testimony before the commission.
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Police allege that Sotheni was the gunman, while the since deceased police reservist Wiandre Pretorius — who was also implicated by Van der Merwe during testimony before the commission — drove the Suzuki Swift used in the killing. Police have said the vehicle was linked to Sotheni’s girlfriend. Pretorius later died by suicide at a petrol station in Brakpan.
Sotheni has denied any involvement in the killing.
The state also indicated on Monday that it was ready to proceed with the bail application on an earlier date.
“[W]e are ready to proceed with the bail application on any other date. If not, I am told that there is also an arrangement that we can move to another court. But for now, we can leave it to the 24th of April for bail application that is going to be held at the regional court,” the state prosecutor said.
Sotheni was remanded in custody.
