The family of murdered whistleblower Marius van der Merwe, widely known as Witness D at the Madlanga Commission, has expressed relief after the Brakpan Regional Court denied bail to the man accused of killing him.
Van der Merwe was shot dead in December last year, shortly after testifying before the commission. During his evidence, he allegedly linked private security companies, the Ekurhuleni Metropolitan Police Department (EMPD) and the South African Police Service (SAPS) to the murder of another witness, Emmanuel Mbense.
The accused, Matipandile Sotheni, faces a murder charge along with 15 additional charges connected to Van der Merwe’s killing. In its ruling, the court found there was a risk that Sotheni could evade trial, interfere with witnesses and tamper with evidence if released before proceedings begin.
Court Finds Accused Failed To Justify Bail Application
In a strongly worded judgment, the court dismissed arguments that Sotheni’s continued detention would place unreasonable hardship on his family.
The magistrate found that the accused had not fully disclosed details relating to his personal and financial circumstances, weakening his case for release on bail.
The court ultimately ruled that keeping Sotheni in custody was in the interests of justice while the criminal case proceeds.
Witness D Family Reacts To Bail Decision
Among those present in court was Van der Merwe’s sister, Natasha van der Merwe, who became emotional as the judgment was delivered.
Speaking after the ruling, she said the family was relieved that bail had been refused, although the pain of losing her brother remained overwhelming.
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“I’m happy at the same time that he didn’t get bail I’m happy with family we all will be celebrating this but with this it comes emotions of why did they take my brother away why did they have to kill him in that way the way I saw him in the coffin why kill him in such a brutal way, why,” said van der Merwe.
The decision means Sotheni will remain behind bars as he awaits trial on the charges against him.
