The 12 South African National Defence Force members accused of the murder of Hawks officer Lt-Col Frans Mathipa were granted R10,000 bail each on Friday.
The state has announced it will appeal against the decision by the Randburg magistrate's court.
The court ruled they have shown circumstances that warrant their release on bail and that the state failed to show the role of each accused in the charges.
There was no evidence they would intimidate state witnesses, the court ruled.
The defence teams successfully argued there was no evidence to support that the soldiers are a danger to society or that they will avoid the trial.
The state previously pushed for the soldiers to be denied bail, arguing they would compromise police investigations and endanger the safety of the public if granted bail.
The charges emanate from the alleged kidnapping of alleged Isis-linked suspects Abdella Hussain Abadiga and Kadir Jemal Abotese, who were abducted from the Mall of Africa in the Midrand area and allegedly taken to Zwartkop military base. Their whereabouts are still unknown.
The accused also face charges related to the assassination of Mathipa, who was investigating that case. According to the state, Mathipa was fatally shot in August 2023 while driving on the N1 highway by occupants of a SANDF vehicle.
The defence counsels presented affidavits from the accused, claiming they were not present at the scenes of the incidents and knew nothing about the murders. A statement from their commander was also presented.
Gauteng National Prosecuting Authority spokesperson Phindi Mjonondwane said they have submitted a comprehensive affidavit by the investigating officer citing how each one is linked to the case. The affidavit also details how the SANDF was not co-operative and tried to frustrate the police investigation, she said.
“As the NPA we have decided we will appeal the court's judgment. The matter is postponed to next Thursday for us to submit our documents for leave to appeal,” she said.
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