By Johnathan Paoli
The State has accused former SAPS Special Task Force member Matipandile Sotheni of trying to reopen his bail case through supplementary affidavits, arguing that his defence was seeking “a second bite at the cherry” in its bid to secure his release.
Sotheni, who is accused of murdering Madlanga Commission whistle-blower Marius “Vlam” van der Merwe, appeared briefly before the Brakpan Magistrate’s Court on Thursday, where his bail application was rolled over to Friday after the court failed to secure a Xhosa interpreter.
Before the postponement, the State and defence clashed over supplementary affidavits filed by Sotheni’s legal team in support of his bail application.
Proceedings were postponed on Monday in order for the defence to provide supplementary affidavits to the court.
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The State argued on Thursday that Sotheni’s legal team was improperly attempting to revisit issues that should have been included in Sotheni’s original bail application.
It also argued that portions of the supplementary affidavit dealing with Sotheni’s personal circumstances, his family, and aspects of the evidence against him should not be allowed because those issues had already been canvassed in the original application.
“It is my submission that, in fact, the defence is not supplementing their application. What they are clearly doing, they are just giving themselves a second bite at the cherry, which is the State’s submission that is not allowed,” the prosecutor said.
The defence rejected the claim, arguing that it had reserved its right to reply to allegations raised by the investigating officer in opposing papers.
Defence counsel told the court the affidavit was intended both to address possible additional charges and to respond to issues raised by the State.
The defence further indicated it was willing to discuss the disputed sections with prosecutors and possibly remove portions considered prejudicial.
“I can have a look with my legal team at the papers and see which aspects should be blocked out or deleted from the affidavit,” counsel said.
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The bail proceedings were ultimately delayed after Sotheni informed the court that he is Xhosa-speaking, while the interpreter allocated to the matter spoke Zulu.
The court initially stood the matter down to allow for the sourcing of a Xhosa interpreter, but later postponed proceedings until Friday morning after no interpreter could be found.
“It is postponed until tomorrow, the 22nd of May, 2026, for the interpreter and for continuation of the bail proceedings. All parties are welcome to be here. The meeting shall start at 9 o’clock,” the court ruled.
Proceedings also briefly focused on Sotheni’s health after his lawyer informed the court that he was suffering from flu symptoms, chest pain and a loss of smell while in custody.
According to the defence, Sotheni had approached prison medical facilities for assistance but was allegedly informed that transportation to a doctor would require a payment of R2,000.
The defence said Sotheni’s bank account had been closed and requested assistance in obtaining documentation that would allow him access to funds for medical treatment.
The State opposed the request, arguing that prison facilities were equipped to provide medical care to detainees.
“The accused is on trial and waiting in prison, and there are facilities or medical facilities in prison specifically for people like the accused who want to get medical attention,” the prosecutor said.
The State added that any request for private medical treatment would need to be handled between Sotheni and correctional authorities.
Sotheni faces 16 charges, including conspiracy to commit murder, premeditated murder, three counts of attempted murder, unlawful possession of firearms and ammunition, failure to safeguard ammunition, and theft of SAPS ammunition.
The charges stem from the 2025 killing of Van der Merwe, who testified before the Madlanga Commission under the pseudonym “Witness D”.
Van der Merwe was shot dead outside his Brenthurst home in Brakpan shortly after giving evidence relating to alleged corruption involving the Ekurhuleni Metropolitan Police Department in connection with the alleged torture and extra-judicial killing of Emmanuel Mbense.
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The State alleges that Sotheni conspired with the now-deceased Wiandre Pretorius and other unknown accomplices to assassinate Van der Merwe after monitoring his movements following his appearance before the commission on 14 November 2025.
Prosecutors allege Sotheni used an AK-47-style rifle during the fatal drive-by shooting on 5 December 2025.
The attempted murder charges relate to Van der Merwe’s wife, Leanne Maria McLean, and two minor children, who were near the scene during the shooting.
Additional charges stem from a March 2026 search at a Bassonia property in Johannesburg, where investigators allegedly recovered large quantities of ammunition and firearms linked to the case.
The State is opposing bail and argues the matter falls under Schedule 6 of the Criminal Procedure Act, placing the burden on Sotheni to prove exceptional circumstances exist for his release.
