Attorneys representing Matipandile Sotheni, the former Special Task Force member accused of the murder of Marius van der Merwe (known as “Witness D” from the Madlanga Commission), have expressed bafflement at their client’s claims in court.
On 25 March 2026, during proceedings at the Brakpan Magistrates’ Court, Sotheni told the magistrate that he had not given instructions to his legal team and claimed he was seeing them for the first time.
He stated: “I did not give instructions, I’m being decided upon, this guy I’m seeing today for the first time,” referring to attorney Eric Bryer.
Attorney Eric Bryer has produced documentation confirming that a consultation took place with Sotheni on 18 March 2026 at Kgosi Mampuru Correctional Services in Pretoria.
The documents include a Power of Attorney and a Mandate and Fee Agreement, both bearing Sotheni’s name and signature, formally appointing Bryer to represent him in the High Court matter.
Photographs of the signed forms, dated 18 March 2026 and executed in Pretoria, have circulated widely.
The legal team maintains that the in-person meeting and signing of the documents occurred as recorded.
However, the Department of Correctional Services has declined to release the prison visitors’ book to the media, citing the Protection of Personal Information Act (POPIA).
Sotheni faces charges linked to the drive-by shooting of van der Merwe outside his home in Brakpan on 5 December 2025. The victim was a key whistleblower who testified before the Madlanga Commission regarding alleged police misconduct.
The bail has been postponed to 14 May 2026. Sotheni remains in custody.