By Johnathan Paoli
The bail application of former SAPS Special Task Force member Matipandile Sotheni, who is accused of murdering Madlanga Commission whistle-blower Marius “Vlam” van der Merwe, has been rolled over to Thursday for the defence to complete its arguments.
Appearing at the Brakpan Regional Court on Monday, Sotheni faces 16 charges, including premeditated murder, conspiracy to commit murder, three counts of attempted murder, unlawful possession of a firearm and ammunition, failure to safeguard ammunition and firearm-related offences, as well as theft of SAPS ammunition.
Van der Merwe, who testified before the Madlanga Commission of Inquiry under the pseudonym “Witness D”, was shot dead outside his Brenthurst home in Brakpan in December, shortly after giving evidence about alleged corruption linked to the City of Ekurhuleni and the Ekurhuleni Metropolitan Police Department, regarding the murder of Emmanuel Mbense.
During proceedings, the State formally read the extensive charge sheet into the record, outlining allegations that Sotheni conspired with the now-deceased Wiandre Pretorius and others to assassinate Van der Merwe.
Prosecutors alleged that between November and December 2025, Sotheni and his alleged accomplices plotted the killing before carrying out a drive-by shooting on 5 December 2025 in Hout Street, Brenthurst.
“The accused unlawfully, intentionally conspired with Willem Wiandre Pretorius, who is now deceased, and other unknown persons to the state … by conspiring to unlawfully, intentionally kill Marius Van der Merwe,” the prosecutor said.
The State further alleged that Sotheni shot Van der Merwe with an AK-47-style rifle as he arrived home with his family.
In addition to the murder charge, Sotheni also faces three counts of attempted murder relating to Van der Merwe’s wife, Leanne Maria McLean, and two minor children, Grayson and Oliver McLean, who were allegedly seated in a vehicle near the scene when the shooting occurred.
The court heard that Sotheni allegedly possessed an unlicensed AK-47 assault rifle and ammunition linked to the shooting.
Further charges stem from a March 2026 search at a property in Bassonia, Johannesburg, where investigators allegedly recovered large quantities of ammunition, including 125 rounds of R5 rifle ammunition, 31 rounds of R1 rifle ammunition and 17 rounds of 9mm Parabellum ammunition.
The State also alleges that Sotheni unlawfully failed to store ammunition and a. .308 calibre rifle in accordance with the Firearms Control Act.
One of the final charges relates to the alleged theft of SAPS ammunition, including 195 rounds of R5 ammunition, 131 rounds of R1 ammunition and 17 rounds of 9mm ammunition.
The prosecution further indicated that the matter falls under Section 60(11)(a) of the Criminal Procedure Act, meaning Sotheni faces a Schedule 6 offence and bears the onus of convincing the court that exceptional circumstances exist for his release on bail.
The matter had initially been delayed after what prosecutors described as an administrative miscommunication regarding court scheduling, resulting in the transfer of proceedings to the regional court.
The State alleges that after Van der Merwe testified before the Madlanga Commission on 14 November 2025, Sotheni tracked his movements, conducted surveillance and positioned himself near the whistle-blower’s residence before the fatal shooting.
Van der Merwe’s testimony at the commission reportedly formed part of wider investigations into alleged corruption and criminality within municipal structures and law enforcement agencies in Ekurhuleni.
Sotheni’s bail application is expected to continue on 21 and 22 May in the Brakpan Regional Court.
