By Johnathan Paoli
Former SAPS Special Task Team officer Matipandile Sotheni has maintained his innocence in the murder of whistleblower Marius “Vlam” van der Merwe, known as Witness D, telling the Brakpan Regional Court that vehicle tracking data placed him “two streets away” from the crime scene on the night of the killing.
Sotheni, who faces 16 charges including premeditated murder, conspiracy to commit murder, attempted murder and firearms-related offences, appeared in court on Friday where he also appealed for bail, saying both his estranged wife and current girlfriend depended on him financially.
Reading from Sotheni’s affidavit, advocate Nthabiseng Mohomane said the State had failed to place her client at the exact scene of the shooting outside Van der Merwe’s Brakpan home in December last year.
“At 20:32, according to my tracker report, I was in the vicinity of Brakpan but not at the scene. I was nearby but two streets away from the scene. There is no direct proof I was at the exact place of the shooting,” Mohomane read.
The defence also challenged the State’s timeline and tracking evidence, arguing there were inconsistencies in the description of the vehicle involved in the shooting.
Mohomane further argued that investigators had failed to present CCTV footage allegedly linking Sotheni to the murder.
In his affidavit, Sotheni denied possessing or using an AK-47 rifle in the killing and claimed ammunition found at his home belonged to the late Wiandre Pretorius, whom the State alleges was involved in the murder.
He told the court Pretorius had left a bag containing ammunition at his home after they discussed visiting a shooting range.
Sotheni also pleaded for bail on financial grounds, saying his incarceration had left both households he supported in distress.
“My children depend on me financially and emotionally. I am a present father in all my children’s lives,” he said.
He added that the seizure of his girlfriend’s vehicle had worsened her financial situation as she now relied on Uber transport costing about R15,000 a month.
State prosecutor advocate Nqobile Maphalala opposed bail, arguing that the evidence against Sotheni was overwhelming and that he faced life imprisonment if convicted.
“He is linked to offences by real and objective evidence found at his premises. That is the murder weapon and the ammunition,” Maphalala said.
The State cited the alleged recovery of the murder weapon, ammunition allegedly linked to SAPS, firearm tampering and tracking evidence placing Sotheni’s vehicle near Van der Merwe’s home.
Prosecutors also argued that Sotheni posed a flight risk and had failed to provide reliable information regarding his finances and residential address.
The matter was postponed to 1 June for judgment on Sotheni’s bail application.
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