The Randburg Magistrate’s Court has granted 12 South African National Defence Force (SANDF) special force members accused of the murder of Hawks investigator Lieutenant-Colonel Frans Mathipa bail of R10 000 each.
During court proceedings on Friday, the magistrate granted 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 R10 000 bail each.
All accused save for Van Deventer are represented by Adv Motebang Ramaili SC. Van Deventer is represented by attorney Manfred Schulte.
Case is currently weak
The magistrate said the state’s case at this stage is weak and relies on circumstantial evidence.
She said the state has no evidence that the 12 accused will intimidate state witnesses. And she also cast doubt that the accused are a danger to the public.
She said for the fact that the accused handed themselves over to the police and surrendered their passports during their arrest shows that these are not actions of people who intend to flee the country.
The magistrate gave the accused strict bail conditions. They are barred from contacting the state witnesses or use other people to contact them.
The passports of the 12 accused were handed to the investigating officers during their arrests.
The magistrate postponed the case to July 17 for the National Prosecuting Authority (NPA) to bring its application of leave to appeal the bail judgement.
NPA disappointed at bail
NPA regional spokesperson Phindi Mjonondwane said the NPA is disappointed by the bail outcome.
The special force members are facing charges of kidnapping, murder, fraud, 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.
The charges against the 12 accused stem from the alleged kidnapping of Abdella Hussain Abadiga and Kadir Jemal Abotese at the Mall of Africa on December 29 2022.
The two were allegedly forced into a motor vehicle and taken to Zwartkop Military Base.
They are also charged in relation to the murder of Mathipa, who was shot and killed on August 6 2023. This happened while he was driving on the N1 highway to Hammanskraal, outside Pretoria.
During bail application arguments, the state prosecutor said the 12 accused are facing three counts of murder. She added that should they be found guilty of murder, they face a life sentence punishment.
Suspects may skip bail
She said this possible life sentence could make the 12 accused to flee before their trial if granted bail.
The defence lawyers argued that the 12 accused should be granted bail because they have dependants. They have to financially support as they are the sole breadwinners in their families.
All the 12 SANDF special force members said they can each afford bail of R5 000.
Two of the 12 accused were arrested on Sunday, June 22 2025. The remaining 10 handed themselves over to the police on Monday morning, June 23 2025.
