Witness D’s killer appeared in the Brakpan court -bringing new lawyer
The case against the alleged triggerman in the murder of key Madlanga Commission witness (D) Marius van der Merwe has been postponed until 24 April for a formal bail application after the accused changed legal representation.
Matiphandile Sotheni (41), a former elite SAPS Special Task Force member, made a brief third appearance in the Brakpan Magistrate’s Court on Monday, where his new attorney, Nthabiseng Mohomane, was placed on record. Mohomane successfully argued to move the bail application date forward from 14 May, stating the original timeline “takes away the sense of urgency when it comes to the importance of the bail application”. The prosecution raised no objection, and Magistrate Collen Mashego accepted the new date.
The postponement follows a dramatic 25 March appearance during which Sotheni rejected his court‑appointed lawyer, Eric Bryer, claiming he had never met him and had not given any instructions. In a courtroom outburst, Sotheni told the magistrate, “I deny it fully, I have nothing to do with the crime” and said he was ready to give his statement. He also complained that his name and face were “being painted” on social media. However, documents later emerged bearing Sotheni’s signature, employer details and work address indicating he had in fact consulted Bryer on 18 March and had signed an affidavit in support of a bail application giving Bryer the mandate to represent him. Bryer subsequently withdrew from the case, citing an inability to find common ground with his client.
The murder of Witness D
Van der Merwe, a former Ekurhuleni Metropolitan Police Department (EMPD) officer, testified before the Madlanga Commission of Inquiry under the pseudonym “Witness D” on 14 November 2025. He detailed allegations of corruption, criminal conduct within the EMPD, and claimed that senior officers, including suspended EMPD deputy head Julius Mkhwanazi, had ordered him to dispose of the body of a robbery suspect, Emmanuel Mbense, who was tortured and killed in 2022.
Just weeks later, on 5 December 2025, Van der Merwe was gunned down in a drive‑by shooting outside his home in the Brenthurst area of Brakpan. He had just arrived with his wife and two minor children and had stepped out of the vehicle to open the gate when the attack occurred. Police say the shooter fired from a Suzuki Swift before speeding away. Van der Merwe died at the scene after being struck by a single bullet, a detail that suggested the involvement of a highly skilled marksman. His wife and children, who were still inside the car, witnessed the assassination but physically survived.
The investigation and arrest
Following the murder, police launched a manhunt and identified three persons of interest. A white Chevrolet bakkie believed to have been used in the crime was found abandoned in Alexandra township. Investigators also traced a Suzuki Swift used in the drive‑by, which they discovered belonged to Sotheni’s girlfriend.
Sotheni, who had served in the SAPS Special Task Force from 2010 until his resignation in 2019, was arrested on 14 March 2026 by a specialised task team. He faces charges of premeditated murder, conspiracy to commit murder, three counts of attempted murder (for the shots fired at Van der Merwe’s family), and unlawful possession of ammunition. Police spokesperson Brigadier Athlenda Mathe described the arrest as a setback for SAPS, noting that training a Special Task Force member costs more than R1 million. “But at the same time, it is good that we rid our organisation of corrupt and criminal elements that do not deserve to be in a blue uniform,” she added.
A second suspect, Wiandré Pretorius, a police informant also implicated by Van der Merwe’s testimony, died by suicide at a petrol station in Brakpan shortly after the murder. Police allege Pretorius was the driver of the Suzuki Swift used in the attack.
Reaction and next steps
Van der Merwe’s killing sent shockwaves through South Africa and renewed concerns about the safety of whistleblowers. President Cyril Ramaphosa condemned the attack, saying he was “appalled and saddened”. The Madlanga Commission welcomed Sotheni’s arrest and urged law enforcement to ensure justice for all those who have come forward to expose corruption. Van der Merwe’s family has called for the masterminds behind the assassination to be brought to justice.
Sotheni remains in custody. His new legal team is expected to proceed with a formal bail application on 24 April, with the prosecution set to oppose.
