The National Prosecuting Authority (NPA)’s bid to appeal the bail granted to 12 South African National Defence Force (SANDF) special force members who allegedly killed Hawks investigator Lt-Col Frans Mathipa and two foreign nationals was delayed due to the hospitalisation of the lawyer of the accused.
During court proceedings on Wednesday at the Johannesburg High Court, Adv Mark Dumisa Magadlela, who represents 11 of the 12 accused, told Judge William Karam that his colleague, Adv Motebang Ramaili SC, is currently in hospital and is therefore unavailable to argue against the state’s bail appeal on Wednesday.
Four weeks recovery time
Magadlela said Ramaili would need around four weeks of recovery before coming back to court. Only gthen will he be able to argue against the state’s bail appeal.
He told Karam that Ramaili was hospitalised on Tuesday night.
The court was expected to hear arguments from the state and defence in relation to the bail appeal.
The 12 accused in the matter are 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.
Ramaili represents all the accused save for Van Deventer, who is represented by lawyer Manfred Schulte.
The state prosecutor in the case is Rianna Williams.
New lawyers for the accused
Magadlela also said Schulte withdrew himself as Van Deventer’s lawyer due to lack of payment of funds.
He further told Karam that he is currently having discussions with the State Attorney to arrange a lawyer for each of the 11 accused and a new lawyer for Van Deventer.
Karam decided to postpone the matter to October 29. This to get a progress report or feedback on the status of the discussions between the State Attorney and Magadlela. Also on the status of Ramaili’s health.
The 12 accused were granted R10, 000 bail each by the Randburg Magistrate’s Court in July. They were arrested in June this year.
Last month the Johannesburg High Court granted the state leave to appeal the decision to grant them bail.
The 12 SANDF members are facing charges of kidnapping, murder and fraud. Also of obstructing the administration of justice, making a false statement under oath and theft of a motor vehicle.
The 13th accused in the case is a front company of the Special Forces of the SANDF.
Abducted victims still missing
The charges stem from the alleged kidnapping of two male foreign nationals. Abdellaa Hussain Abadiga and Kadir Jemal Abotese were allegedly kidnapped at the Mall of Africa on December 29 2022.
The two were allegedly forced into a motor vehicle and taken to Zwartkop Military Base. The whereabouts of the two remain unknown to date. And the state presumes they are deceased.
The charges are also in relation to the murder of Mathipa. He was shot in the head and killed on August 6 2023. The incident happened while driving a state vehicle on the N1 highway towards Hammanskraal Toll Gate Plaza, outside Pretoria. Following the shooting, his vehicle lost control and veered into a ditch.
Hawks investigator
Mathipa was attached to the Hawks’ crimes against the state section within the serious organised crime investigation in Gauteng. He was on duty conducting an investigation at the time of his death.
Mathipa had served in the South African Police Services (SAPS) for 31 years until his death.
He was 53 at the time of his death, married and left behind six children. The youngest of his children was six years old at the time of his death.
