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The troops were released on R10 000 bail on Friday.
Picture: The Citizen/Jacques Nelles
The National Prosecuting Authority (NPA) is set to appeal a bail judgment that resulted in the release of 12 South African National Defence Force (SANDF) members linked to the murder of senior Hawks investigator Frans Mathipa.
The 12 SANDF special forces soldiers were each granted R10 000 bail by the Randburg Magistrate’s Court on Friday.
The identities of the accused remain undisclosed as per a court order.
SANDF soldiers implicated in murder
The arrests were made last month following Mathipa’s death in August 2023.
He was fatally shot while driving on the N1 highway near the Hammanskraal offramp.
At the time of his death, Mathipa had been investigating the abduction of two Ethiopian men – alleged Isis associate Abdella Hussein Abadiga abd his bodyguard, Kadir Jemal Abotese.
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The two men were kidnapped from the Mall of Africa in Midrand in December 2022.
The accused face multiple charges, including kidnapping, murder, fraud, obstructing the administration of justice, making a false statement under oath and theft of a motor vehicle.
Bail granted for SANDF soldiers
On Friday, NPA Gauteng regional spokesperson Phindi Mjonondwane expressed the prosecution’s disappointment with the outcome of the bail hearing.
“The court deemed them as suitable candidates to be released on bail and, therefore, fixed bail in the amount of R10 000,” she told SABC News.
She indicated that the matter will be back in court next week as the state seeks to appeal the bail ruling.
Mjonondwane argued that the state had presented a compelling case to justify opposing bail.
“We are of the view that we have presented a very comprehensive affidavit in court stating how all the accused are linked,” she said.
“Nonetheless, we are not yet at the trial stage where as the state we have to prove our case beyond reasonable doubt.
“The proceedings before court were on a balance of probabilities and as such the NPA will henceforth study this judgement.”
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She also disputed the defence’s claim that the Ethiopian nationals had likely disappeared voluntarily since Abadiga and Abotese have not been found.
“Part of the information that we submitted as the NPA was to dismiss their allegations about the person that we are saying they allegedly killed, about him changing from one place to another and also changing identity.
“We have dismissed that because there was no supporting evidence to support what they were alleging.”
Mjonondwane maintained that the accused were linked to the crimes and that the state would rely on legal precedent and supporting evidence to prove its case..
“We’ll use case law as well as corroborating evidence to substantiate our allegations with regards to the two that they allegedly kidnapped at Mall of Africa, whose whereabouts we don’t know as the state and we can only come to the conclusion that they were killed.”
NPA and SANDF clash over key documents
During the bail proceedings, the court reportedly learned that the SANDF had resisted handing over key documents to Mathipa during his investigation.
This information is still outstanding, and the magistrate reportedly criticised the military for a lack of cooperation.
Mjonondwane confirmed that the NPA has attempted to engage the SANDF to obtain the documents.
“There are families that are waiting to see justice happen and for that to happen is when the SANDF is working in cooperation with the NPA as well as the investigating team.
“We need their cooperation. Efforts are still continuing to try and get the necessary cooperation and the necessary information for the investigating officer to conclude his investigation.”
She added that the NPA was using a subpoena under section 205 of the Criminal Procedure Act to compel the SANDF to provide the necessary documents, rather than immediately seeking relief through the courts.
“The subpoena itself was a way of forcing the hand of the South African National Defence Force because as the NPA we have mechanisms available to get the necessary information wherein an investigation is ongoing and certain information is needed.
“The law provides us with such sections to utilise in order to get all the information that we require to ensure that justice is indeed served in this matter.”
The case will be back in court on 17 July.
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