Matipandile Sotheni had allegedly been communicating with an individual about the murder case.
A cellphone allegedly linked to former elite police officer Matipandile Sotheni emerged as a new focus before the Brakpan Magistrate’s Court in the murder trial of Marius “Witness D” van der Merwe.
State prosecutor Trott Mphahlele told the court on Wednesday, 9 September 2026, that investigators had conducted a search of Sotheni’s cell at the Kgosi Mampuru II Correctional Centre in Pretoria after receiving information.
Although nothing was allegedly found inside the cell, three cellphones were discovered in the catwalk.
The state revealed that one of the devices was linked to Sotheni, and preliminary investigations suggested he had been communicating with someone outside the correctional facility.
“Upon preliminary investigation, it was established that indeed he was communicating with certain person/persons and the discussion was suspected to be something related to this matter,” Mphahlele said.
Investigators, the prosecutor explained, now needed to download the contents of the phone to determine what had been discussed.
Cellphone movements under scrutiny in Witness D murder case
The alleged prison cellphone discovery was one of the reasons the state has asked for more time to complete its investigation.
Mphahlele told the court that the state was still waiting for analysts to complete the mapping of Sotheni’s cellphone records.
The investigation involves comparing cellphone movements with tracking information obtained from the vehicle allegedly used in Van der Merwe’s murder.
“We thought when we requested this postponement on the previous occasion that we would be done. The analyst asked for more time,” the prosecutor said.
The state is also examining the cellphone records of the late Wiandre Pretorius and his fiancé, Juan-Maré Eksteen, a former South African Police Service (Saps) sergeant.
Trial likely in 2027
Sotheni’s legal team opposed the postponement, arguing that the state had already been given sufficient time to conclude its investigations.
“It’s a submission of the defence that a reasonable opportunity has been afforded to the state to finalise the specific aspect of the investigation.
“There must be a finality to these proceedings,” the defence lawyer told the court.
The defence called for a final two-week postponement and cautioned against the case becoming a never-ending investigation.
“It should be avoided that this becomes a lengthy open-ended postponement to finalise things the state has not finalised even after being given ample opportunity to do so,” she remarked.
However, Mphahlele highlighted that the matter was likely to be heard in the Gauteng High Court in Johannesburg during the second judicial term of 2027.
“The dates that we were working on are dates for next year.”
Magistrate Tlakale Sathekge ultimately postponed the matter to 2 November 2026.
Sotheni accused of killing Witness D
Sotheni, a former Saps Special Task Force member, faces 16 charges, including murder, conspiracy to commit murder, three counts of attempted murder, unlawful possession of a firearm, ammunition-related offences, and theft.
Van der Merwe was shot on 5 December 2025 at his Brakpan home in front of his wife and two children.
Prior to his death, he had testified before the Madlanga commission and implicated Pretorius in the 2022 murder and torture of Emmanuel Mbense.
According to the police investigation, Pretorius and Sotheni allegedly planned and executed Van der Merwe’s killing.
Sotheni is believed to have been the alleged gunman, while Pretorius was allegedly driving the black Suzuki Swift used during the attack.
Pretorius later died by suicide on 7 February 2026, days after surviving an attempted hit at his Boksburg home.