The 12 South African National Defence Force (SANDF) special force members accused of murdering Hawks investigator Lt-Col Frans Mathipa told the court on Tuesday that they can each afford bail of R5, 000.
The soldiers 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 SANDF special force members told the Randburg Magistrate’s Court they asked for bail, stating they have dependants who rely on them for financial support.
Formal bail application
They revealed this information during their formal bail application.
The special force members appeared in the dock, covering their faces with face masks.
Heavily armed members of the South African Police Services special task force were also present in court, keeping an eye on the proceedings.
During court proceedings, the state prosecutor said the names and pictures of the accused cannot be published because an identity parade has not yet been conducted.
The prosecutor said the identity parade has not been conducted due to “security risks”.
National Prosecuting Authority (NPA) regional spokesperson Phindi Mjonondwane said the identities of the prosecutor, magistrate and defence lawyers cannot be published due to “security reasons”.
During their formal bail application, the 12 accused said they wanted bail so they can financially support their dependants. These include their wives, girlfriends, “life-partners”, minor children, mothers and other relatives, among others.
‘State has weak case’
Some of the 12 accused said they should be granted bail because they have relatives who are currently diagnosed with chronic illnesses and depend on them to foot their medical bills.
They also argued that the state has a weak case against them.
After their lawyers read their bail application affidavits, the magistrate postponed the matter to Thursday, July 3. This was for the investigating officer to verify their physical home addresses.
They remain in police custody.
Mjonondwane said at this stage the state cannot reveal if it is opposing the bail application.
The 13th accused in the case is a front company of the Special Forces of the SANDF.
Kidnapping, disappearance of two men
Two of the 12 accused were apprehended on June 22, during a joint operation by the Directorate for Priority Crime Investigation (DPCI), while the remaining 10 handed themselves over to police on the morning of June 23.
The charges against the 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.
Their whereabouts remain unknown to date, and the accused are also charged with the murders of Abadiga and Abotese.
“The 12 accused are also facing charges in relation to the murder of Frans Mathipa, who met his demise whilst driving to Hammanskraal on the N1 Highway on August 6 2023, where he was assassinated by an occupant from a SANDF vehicle that was following him.
“On the fateful day, Mathipa was following leads into the kidnapping syndicate operated by some members of the SANDF,” said Mjonondwane.
Third murder charge
Hawks investigator Mathipa was shot dead while travelling on the N1 highway near Hammanskraal, outside Pretoria.
After the shooting, Mathipa lost control of his car, and it crashed into a ditch.
Mathipa was attached to the Hawks’ crimes against the state section within the serious organised crime investigation in Gauteng.