The National Prosecuting Authority (NPA) presented weak evidence that could not prove that 12 South African National Defence Force (SANDF) special force members killed Hawks investigator Lt-Col Frans Mathipa and two foreign nationals – Abdella Hussain Abadiga and Kadir Jemal Abotese.
The state did not produce any evidence that Abadiga and Abotese were kidnapped by the SANDF members from Mall of Africa in December 2022, and that they killed them, magistrate Hleziphi Mkhasibe said.
Moreover, the state did not produce evidence that any of the dozen accused had shot and killed Mathipa with a high-velocity firearm, she said.
With these statements, Mkhasibe dealt the final blow to the NPA’s bid to deny the accused bail. On Friday, Mkhasibe released the accused on R10 000 bail each during their appearance at the Randburg Magistrate’s Court.
The accused, 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, had applied to be released on bail, with the state opposing their application.
The 12 are facing charges of kidnapping, murder, fraud, obstructing the administration of justice, making a false statement under oath and theft of a motor vehicle. Their co-accused number 13 is a front company of the Special Forces of the SANDF.
The charges stem from the alleged kidnapping of Abadiga and Abotese at the Mall of Africa on December 29, 2022. The two were allegedly forced into a vehicle and taken to Zwartkop Military Base. Their whereabouts remain unknown, but the state presumes they are dead.
The state further alleges that the 12 killed Mathipa by shooting him in the head on August 6, 2023, as he drove on the N1 highway towards the Hammanskraal Toll Gate Plaza, outside Pretoria. His vehicle then lost control and veered into a ditch.
“There is no evidence presented by the state that the applicants (accused) were seen physically taking Mr Abadiga and Abotese. Their car is seen leaving the mall, but none of the [bail] applicants was seen driving the vehicle [of Abadiga and Abotese]. There is no evidence that the applicants killed them. The state’s case on the two murders is weak,” said Mkhasibe.
“Applicant six was near the crime scene but no one saw him pull the trigger. Is it sufficient to warrant the conviction of murder? The state intends to use circumstantial evidence. The evidence is weak at this stage.”
Mkhasibe said the fact that the accused handed themselves over to the police and surrendered their passports shows that their actions are not those of people who intend to abscond.
“There is no evidence that they will intimidate or threaten witnesses… There is no evidence to support the state’s argument that the applicants are a danger to the public… There is no likelihood or evidence that the applicants will evade trial. Their economic and family ties are in South Africa,” she said.
“The state advocate said the applicants had hired a hitman from KwaZulu-Natal to eliminate the detective in the case, but there is no evidence to support that. Count one to nine is weak, and it would be a travesty of justice not to grant bail…
“Exceptional circumstances have been placed before court by the applicants,” said Mkhasibe.
During their bail application, the accused said they should be granted bail because they have relatives who are financially dependent on them.
Mkhasibe postponed the case to July 17 for the NPA to bring its application for leave to appeal the bail judgment.
NPA regional spokesperson Phindi Mjonondwane said the authority is disappointed with the bail outcome.
The SANDF would not comment “because the matter is sub judice”.
Mathipa was attached to the Hawks’ crimes against the state section within the serious organised crime investigation in Gauteng and was on duty at the time of his death.
