NPA fumes as ‘killer’ soldiers walk free on R10k bail

SANDF

Johannesburg – The National Prosecuting Authority (NPA) has announced plans to appeal a controversial bail ruling that saw 12 South African National Defence Force (SANDF) Special Task Force members released, despite being charged with the murder of senior Hawks investigator Frans Mathipa.

The accused were each granted R10,000 bail by the Randburg Magistrates Court on Friday, a decision that has drawn sharp criticism from the prosecution.

The soldiers, whose identities remain protected under a court order, also face serious charges including the kidnapping of alleged ISIS leader Abdella Hussein Abadiga and his bodyguard, Kadir Jemal Abotese, in December 2022.

Mathipa, who had been investigating the pair’s disappearance, was gunned down in August 2023 while driving near the Hammanskraal offramp on the N1.

In an interview with SABC News, NPA Gauteng spokesperson Phindi Mjonondwane said the prosecuting authority was disappointed by the court’s decision, arguing that the state had presented a compelling case to justify keeping the accused in custody.

“Well, it’s a disappointing outcome. As the NPA, we had opposed the release on bail of the accused persons, but the courts deemed them as suitable persons to be released on bail – and therefore fixed bail amount of R10 000” she said.

Mjonondwane added: “We are of the view that we have presented a comprehensive affidavit in court, stating how all the accused are linked.

“Nonetheless, we are not at the trial stage yet where, as a state we have to prove our case beyond reasonable doubts.

“The proceedings before court were on a balance of probabilities and as the NPA will henceforth study this judgment and as the prosecutor has stated that she requested a postponement for leave to appeal this judgment.”

According to The Citizen, the NPA further revealed that the SANDF has so far failed to fully cooperate with investigators.

During bail proceedings, the court heard that Mathipa had been denied key documents by the military during his probe. The NPA is now using a section 205 subpoena to compel the SANDF to hand over the necessary information.

The case is scheduled to return to court on 17 July.

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