Johnathan Paoli
The bail application of former SAPS Special Task Force member Matipandile Sotheni, accused of murdering Madlanga Commission whistle-blower Marius “Vlam” van der Merwe, has been postponed after the matter was transferred to the regional court.
Sotheni appeared briefly in the Brakpan Magistrate’s Court on Friday, where the state said the bail application could not proceed because of a scheduling miscommunication.
“We found that there must have been a miscommunication between ourselves, that is me, the prosecutor, with the defence and the resident prosecutor and the magistrate. The magistrate had already put another matter on the roll today. That is therefore why we cannot proceed with the bail application today. But we did go to her in chambers,” the prosecutor said.
The state also applied for the matter to be transferred to the regional court, saying it was the appropriate forum for the bail proceedings.
Sotheni is expected to appear on 18 May. His bail application is expected to proceed on 18, 21 and 22 May.
Defence counsel did not oppose either the postponement or the transfer, confirming agreement on the new dates.
Sotheni remains in custody pending his next appearance.
He faces charges including murder, conspiracy to commit murder, attempted murder and unlawful possession of ammunition.
The charges stem from the December 2025 killing of Van der Merwe outside his Brakpan home, shortly after he testified at the Madlanga Commission under the pseudonym Witness D.
Van der Merwe appeared before the commission on 14 November 2025. The commission has said his evidence helped uncover allegations of serious wrongdoing within the City of Ekurhuleni and the Ekurhuleni Metropolitan Police Department.
The state alleges that after Van der Merwe testified before the commission, Sotheni conspired to kill him, conducted surveillance on him, and positioned himself near his residence on 5 December 2025.
It further alleges that Sotheni shot Van der Merwe when he arrived home with his wife and two children. Van der Merwe was declared dead at the scene.
The state said that additional charges may be added when Sotheni returns to court.
National Prosecuting Authority Gauteng spokesperson Lumka Mahanjana, speaking after Sotheni’s appearance, confirmed the delay and attributed it to administrative complications beyond the control of those involved.
“The state, together with the defence and everybody involved, was ready to proceed with his bail application today; however, we could not proceed. When he appears again, there’s a likelihood that more charges will be added. We do have prima facie evidence against the accused, and we believe that the accused has a case to answer to,” she said.
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