The Randburg Magistrate’s Court granted bail of R10 000 each to 12 reportedly still serving SA National Defence Force (SANDF) Special Forces (SF) operators on Friday (11 July) in connection with the August 2023 murder of a Hawks (Directorate for Priority Crime Investigation [DCPI]) detective.
Frans Mathipa was shot and killed while driving on the N1 north of Pretoria in the vicinity of the Hammanskraal interchange. He was allegedly en route to a meeting to discuss an alleged December 2022 SF kidnapping, with all 12 accused facing charges for that offence as well as kidnapping charges related to the abduction of an ISIS (Islamic State in Iraq and Syria) associate and his bodyguard (Abdella Abadiga and Kadir Abotese).
The two have not been since they were allegedly kidnapped from the Mall of Africa and taken to Swartkop Military Base.
Media reports list the 12 Special Forces members as Sunnybooi Pinny Wambi, Edward Albert van Deventer, David Mogaditswe, Kgosietsile Letsatsi, Samkelo Ngwenya, Jonathan Nteleza, Paulos Matlou, Herbert Mashego, Solomon Lechoenyo, Jacob Mokoena, Richard Mpoetsi and Olyn Lenardus. No indication is given of either their ranks or which unit/s they are on the personnel strength of. There are two SF regiments – 4 at Langebaanweg in Western Cape and 5 at Phalaborwa in Limpopo – with an SF School at Murrayhill, north of Pretoria.
Daily Maverick reported Magistrate Hleziphi Mkhasibe as saying the case against the 12 was “substantial and weak” during the bail application. Among others she reportedly said: “There is no evidence that the applicants killed Mr [Abdella) Abadiga and Mr [Kadir] Abotese”. Mkhasibe added that “at the time of the kidnappings, some of the accused were not present during the commission of the crime.”
“Some of the accused acknowledged their presence at the Mall of Africa during the alleged kidnapping, but they claimed they were on a training exercise,” as per Daily Maverick.
Mathipa was killed after requesting information from the SANDF regarding his investigation into the kidnapping. The Hawks went to court, with the SANDF asked to hand over the information, but it refused. The Hawks investigator was murdered “shortly thereafter” according to Daily Maverick.
“It is alleged that members of the SF unit faked a hijacking to get rid of the BMW they allegedly used to carry out Mathipa’s murder. They lodged an insurance claim while the vehicle was, according to prosecutors, left at a scrapyard. The court heard that a burner phone used to allegedly lure Mathipa to his death was found inside the BMW.
“The State advocate told the court that the applicants hired a hitman from KwaZulu-Natal to eliminate the detective, but there is no evidence,” Mkhasibe said.
An appeal by the National Prosecuting Authority (NPA) against the decision to grant bail is set down for this Thursday (17 July).
Gauteng NPA spokesperson Phindi Mjonondwane told SABC News that the State was disappointed that the accused were granted bail. “It’s a disappointing outcome. As the NPA, we had opposed the release of the applicants, but the court deemed them suitable candidates to be released on bail for a fixed bail amount of R10 000,” Mjinondwane said. “We are of the view that we have presented a comprehensive affidavit in court, stating how all the accused are linked. Nonetheless, we are not at the trial stage yet where, as a state we have to prove our case beyond reasonable doubts.”
Two of the Special Forces members were arrested in June, while the other ten came forward voluntarily and were subsequently arrested.
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