Twelve members of the South African National Defence Force (SANDF) special force who are accused of killing Hawks investigator Lieutenant-Colonel Frans Mathipa will have their bail applications decided by the Randburg Magistrate’s Court on Friday.
The state contested the bail applications last week, following the reading of bail affidavits in court.
The state prosecutor opposed the bail of the 12 accused last Thursday by reading the affidavit of the Hawks investigating officer, who is looking into Mathipa’s murder.
They 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 case involves the 13th accused, a front company of the special forces of the SANDF.
Breadwinners with dependants
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 vehicle and taken to Zwartkop Military Base.
The charges are also in relation to the murder of Mathipa, who was shot and killed on August 6, 2023, while driving on the N1 highway to Hammanskraal, outside Pretoria.
The court has ordered that the names and pictures of the 12 SANDF members cannot be published because an identity parade has not yet been conducted.
The court also granted the state’s request to withhold the names of the state prosecutor and investigating officers.
During their bail application, all special force members said they can afford bail of R5 000 each.
The accused said they should get bail because they are family breadwinners with dependants.
High possibility of soldiers fleeing
The state prosecutor said the 12 accused should not be granted bail because they are facing three counts of murder, and should they be found guilty, they face a life sentence in prison.
She said this punishment could make the soldiers flee before their trial if granted bail.
After the presentation of the closing arguments by the state and defence, the magistrate postponed the matter to July 11 for the bail application judgment.
The accused remain in police custody.
Two of the 12 accused were arrested on June 22, while the remaining 10 handed themselves over to the police on June 23.
