The National Prosecuting Authority (NPA) welcomed the ruling by the Brakpan Magistrate’s Court to deny bail to Matipandile Sotheni (42), who is facing charges of conspiracy to commit murder, premeditated murder, three counts of attempted murder, unlawful possession of a firearm, four counts of unlawful possession of ammunition, four counts of failure to safeguard ammunition, failure to safeguard a firearm, and theft of state property.

It is alleged that after “Witness D”, Marius van der Merwe, testified before the Madlanga Commission regarding matters relating to a murder investigation in Brakpan in November 2025, the accused conspired to have him killed and conducted surveillance on him.

The State further alleges that on December 5, 2025, the accused positioned himself in the vicinity of the deceased’s residence. When Van der Merwe arrived home with his wife and two minor children, the accused allegedly opened fire, fatally wounding him. He was declared dead at the scene.

Following investigations conducted by a police task team established to investigate matters arising from the Madlanga Commission of Inquiry, the accused was arrested on March 134.

During the bail proceedings, the accused applied to be released on R30 000 bail, citing the fact that he has no previous convictions or pending cases and that he has three minor children and a family who depend on him for support.

The State, represented by Advocates Maphalala and Mphahlele, opposed the bail application and argued that the accused posed a flight risk and was likely to interfere with the ongoing investigation.

In delivering her ruling, the magistrate agreed with the State’s submissions and found that the accused had failed to discharge the onus of proving that exceptional circumstances existed which, in the interests of justice, permitted his release on bail. Bail was accordingly denied.