Man accused of killing Madlanga Commission witness returns to court

The man accused of killing Marius van der Merwe, also referred to as Witness D, who testified at the Madlanga Commission, is set to appear in the Brakpan Magistrates Court on Monday.

Proceedings will allow his new legal representative to take over the case after his previous lawyer withdrew.

Matiphandile Sotheni, a former member of the South African Police Service (SAPS) Special Task Force, has firmly denied any involvement in the murder.

Van der Merwe was shot dead outside his home shortly after giving testimony at the Madlanga Commission.

Sotheni’s former attorney, Eric Bryer, decided that he could no longer represent his client, stating that he and his client could not see eye to eye.

It also emerged that Bryer had not properly consulted with Sotheni and had only met him on the day of his first court appearance.

During the last court session, Sotheni reacted angrily when Bryer requested that his bail application be postponed to May.

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He told the court he had not given Bryer any instructions and accused him of acting on someone else’s direction.

A new lawyer is expected to join Sotheni’s defence team officially on Monday. The new lawyer may very well petition the court to prioritise the bail application.

Sotheni faces murder charges after allegedly tracking Witness D for several days before fatally shooting him.

Before his murder, Witness D’s testimony incriminated the suspended Ekurhuleni Metro Police Department (EMPD) deputy head, Julius Mkhwanazi, and other members of his department in relation to the alleged murder of Emmanuel Mbense.

Last week, the Independent Police Investigative Directorate (IPID) announced that it acted against certain members of the EMPD but would not name them as the National Prosecuting Authority (NPA) is yet to decide on whether to bring charges against them.