Johnathan Paoli
The Brakpan Regional Court has denied bail to former Special Task Force officer Matipandile “Andy” Sotheni, finding that the interests of justice required that he remain in custody while awaiting trial for the murder of Madlanga Commission witness, Marius “Vlam” van der Merwe.
On Monday morning, the court found that State prosecutor advocate Nqobile Maphalala had presented a strong prima facie case against Sotheni and that there was a real possibility he could evade trial, interfere with witnesses or tamper with evidence if released.
Sotheni faces 16 charges, including premeditated murder, conspiracy to commit murder, three counts of attempted murder, unlawful possession of a firearm and ammunition-related offences.
Van der Merwe was shot dead outside his Brakpan home on 5 December 2025.
His wife and two children survived the attack.
At the time of his death, he was a protected witness linked to proceedings before the Madlanga Commission.
The magistrate found that Sotheni had not been entirely forthcoming about aspects of his personal circumstances during the bail application.
The court noted inconsistencies regarding his family responsibilities and found that he was not the primary caregiver to his children, as his wife, who is employed, fulfilled that role.
The court also noted that Sotheni had failed to disclose that a child belonging to his girlfriend was effectively his dependent.
A key aspect of the State’s case concerns a Suzuki Swift allegedly used in the murder.
The court accepted evidence that the vehicle was registered to Sotheni’s girlfriend and was regularly used by him, and that Sotheni had been in the vicinity of Van der Merwe’s residence on three separate occasions before the killing.
The court found that the evidence presented during the bail proceedings pointed to significant planning behind the murder.
The court noted that Sotheni was a highly trained shooter with apparent access to firearms and ammunition, factors that heightened concerns about public safety should he be released.
Based on the totality of the evidence, the court concluded that Sotheni had the capability to commit similar offences and that his release could place witnesses and members of the public at risk.
The court found that the interests of justice favoured continued detention and ordered that Sotheni remain in custody pending trial.
Throughout the bail proceedings, Sotheni maintained his innocence.
Through his legal representative, advocate Nthabiseng Mohomane, he argued that tracking data placed him near, but not at, the scene of the murder.
The defence previously challenged the State’s interpretation of vehicle tracking evidence and disputed allegations linking him to the murder weapon and ammunition recovered during the investigation.
Sotheni will return to court on 30 July.
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