Matipandile Sotheni, who is accused of murdering Marius van der Merwe, also known as ‘Witness D’, was found with a cellphone while in custody. The state alleges he used the device to discuss aspects of the case with people outside the correctional facility.
Sotheni appeared in the Brakpan Magistrate’s Court on 9 September, as the state sought a further postponement to finalise its investigation before transferring the case to the high court for trial.
State prosecutor Trott Mphahlele told the court that investigators were finalising forensic and cellphone mapping data, including information obtained from the tracking device in Sotheni’s vehicle.
“The investigating team received information that Mr Sotheni had access to a cellphone in custody and he was communicating with persons outside of the facility,” Mphahlele said.
He said an inquiry had been opened after the cellphone was discovered. Information had been downloaded from the device.
“This communication between the accused and this particular person touched on certain aspects which we believe, if we go further and deeper, might shed some light and find relevance on the charge the accused is facing before the court, mainly of murder.”
The prosecutor said investigators were examining the cellphone data alongside the vehicle-tracking information to establish how the two sets of evidence correlated on the day of Van der Merwe’s murder.
“However, there are certain investigations which have not yet been concluded as far as the mapping is concerned. In particular, the cellphone analysis, which is being conducted together with the tracking information obtained from the accused’s vehicle,” Mphahlele said.
“That information turned out to be voluminous and the analyst indicated he would need more time.”
Mphahlele said Sotheni had allegedly used the cellphone to communicate with a person outside the correctional facility about aspects of the criminal case.
“The state would like to make a follow-up to that particular data to see to what extent what information is connected to the criminal case,” he said.
Sotheni, is a former member of the South African Police Service Special Task Force. He faces 16 criminal counts in connection with the killing of Van der Merwe.
Van der Merwe was a key state witness before the Madlanga Commission of Inquiry. He was killed in a drive-by shooting outside his Brakpan home in December 2025, shortly after testifying before the commission.
Sotheni faces charges of premeditated murder and conspiracy to commit murder, as well as three counts of attempted murder relating to allegations that an AK-47 was fired near Van der Merwe’s family members.
He is also charged with possession of unlicensed firearms and ammunition and the theft of police-issued firearms, including an R1 and R5 rifle.
During Wednesday’s proceedings, Sotheni’s lawyer opposed the state’s request for a further postponement, arguing that the case had been postponed several times since June.
“It is the submission of the defence that a reasonable opportunity has been afforded to the state to finalise this particular aspect of the investigation. It is also our submission that there must be a finality to this proceeding,” the lawyer said.
The defence also disputed the state’s account of where the cellphone was found, arguing that it had been discovered in a neighbouring cell and not Sotheni’s cell.
The defence said that if the court granted a postponement, it should be limited to two weeks.
The magistrate rejected the proposed two weeks as too short and postponed the matter until 22 November.
Sotheni was previously denied bail after the court found that he posed a flight risk and highlighted the serious threat of witness intimidation.
He remains in custody.