A tense and chaotic scene unfolded at Brakpan Magistrate’s Court on Wednesday morning as former SAPS Special Task Force officer Matipandile Sotheni, 41, accused in the high-profile murder of Marius van der Merwe, returned to court for a bail hearing.
During the hearing, Sotheni, flanked by officers, spoke for the first time in court, expressing frustration over the legal proceedings and the handling of his case.
He told the magistrate that he had not been properly instructed by his lawyer and had not given a statement, asserting that he was being unfairly judged for a crime he says he did not commit.
“It is the first time I see him today. The lawyer here, it is the first time I see him today. He has not been given instruction by me. He did not even take my statement, Your Worship. I am arrested here for something I did not commit. And the instructions are coming left, right and centre in court. I am being decided upon.”
“I have not done anything here. I am on social media. I am everywhere. My name is painted. So, Your Worship, postponing this case is delaying the matter. I wish to assist the court. I am ready with my statement. I am ready to say what had happened. This guy is here today,” Sotheni blurted out, his words echoing across the hushed courtroom.
Outside the court, NPA spokesperson Lumka Mahanjana addressed the press. “Indeed, you must understand that the state does not enrol any cases unless there’s prima facie evidence against the accused. And in this case, the accused has a case to answer to in court, hence he appeared in court today. He says he’s ready to give a statement to his lawyer and that could mean anything really, because he’s a lay person who possibly would not understand the legal implications of what he’s saying,” she said.
Mahanjana also clarified the state’s position regarding legal representation: “When that happens and when he does that, the authorities are training. We will see how we move forward with that. But at this stage, we cannot comment on the things that the accused was saying before the court. You must remember who the accused appoints as his lawyer. The state has nothing to do with that. The lawyers come on record and tell the state that they’ll be representing the accused. The state has nothing to do with regards to who the accused appoints as their lawyer.”
“Yeah, but the question is not so much about who he appoints, but more about at what point did the engagements on the next appointment and what’s going to happen next start? We are not involved in those negotiations between the accused and their lawyer. The state is not involved. What we do as the state is that we appear in court for the state and the lawyer appears in court for the accused. We have no say in who the accused appoints or does not appoint to represent them.”
Sotheni faces a raft of charges, including premeditated murder, conspiracy, attempted murder of two children present during the incident, and illegal possession of ammunition.
Van der Merwe, the murder victim, had testified at the Madlanga Commission on alleged police involvement in torture and killings, making his death a matter of national concern.
The hearing was postponed to 14 May, leaving a courtroom still charged with tension and questions about what will happen when Sotheni finally provides a statement to his legal team.
anita.nkonki@inl.co.za
Saturday Star