The state is pushing for the 12 soldiers accused of killing a Hawks officer to be denied bail, arguing they will compromise police investigations and endanger the safety of the public if granted bail.
On Thursday, the 12 soldiers arrested in connection with the August 2023 murder of seasoned Hawks detective Lt-Col Frans Mathipa appeared at the Randburg magistrate's court for continuation of their bail application.
The court ordered that the names of the soldiers not be published, as an identity parade is till to be held.
At the time of his death, Mathipa was investigating a case related to the abduction and kidnapping of Ethiopians Abdella Hussain Abadiga and Kadir Jemal Abotese at the Mall of Africa.
They are facing counts of murder, kidnapping, fraud, obstructing the administration of justice, making false statements under oath and the theft of a motor vehicle.
Some of the charges stem from the alleged kidnapping of Abadiga and Abotese at the Mall of Africa in Midrand in December 2022.
The state argued it would present evidence to prove that the soldiers killed Abadiga and Abotese after kidnapping them from the mall.
According to an affidavit by the investigating officer, who cannot be named as per the court order, Abadiga and Abotese arrived at the mall at 9.55am on December 29 2022.
At 12.11pm the two victims were seen on CCTV paying for parking and walking to their vehicle.
“Accused No 6 was seen at the same parking station making payments for three parking tickets.
“Shortly thereafter the two victims were abducted by the suspect using a white Mercedes Vito, a white BMW, [and] a grey Audi,” read the affidavit.
At this time, the vehicle used by the victims had not left the mall.
It was about 4pm when two vehicles — a grey Audi and VW Polo — registered in the name of a company, which the court ordered the name should not be published, returned to the mall.
These two vehicles remained at the mall for about 12 minutes before exiting the mall together with the Lexus — the victims’ vehicle.
“From the evidence obtained, it will be proved that the Lexus exited the mall on a parking ticket which was paid for by applicant No 6.
“Evidence obtained from Sanral further indicates that the Lexus, grey Audi and the VW polo travelled the same route as they exited the Mall of Africa.”
The state argued that the gantry information will be presented in the trial, showing the three vehicles travelled at the same time in the same direction to the SANDF operational headquarters.
The court heard that the Mercedes Vito, the BMW and the VW Polo were all registered under the company’s name. The company has also been charged and is accused No 13 in this case.
The company was later identified as the front company for the SANDF, with four of the accused being the active directors at the time.
After the disappearance of the two victims, their families filed an urgent application to the Johannesburg High Court to find their whereabouts.
“In this urgent application, accused 7, 5, 6 and 8 filled answering and confirmatory affidavits confirming the presence of SANDF members at the Mall of Africa on December 29 2022.
“They confirmed that they and the other members of the special forces of the SANDF who formed part of their team were at the Mall of Africa on that date.
“According to the content of these affidavits, the members of the SANDF conducted training exercises at Mall of Africa on December 29 2022.
“It was further admitted that some of the members returned to the Mall of Africa in the afternoon to conduct a debriefing session.
“The admissions contained in the affidavits by accused 7, 5, 6 and 8 that members of the SANDF special forces were conducting training exercises were false.”
The investigating officer, who cannot be named as per the court order, stated in an affidavit that the training exercise did not comply with the requirements set out in the Defence Act.
“Statements were obtained from the management of the Mall of Africa stating that the SANDF did not inform them or obtain the required consent to conduct a training exercise.
“It is respectfully submitted that the allegations by the SANDF that they were conducting training exercises and the debriefing session are false and frivolous attempts to cover up their unlawful activities.”
It was further revealed that the SANDF approached the high court in Pretoria on July 7 2023 in an attempt to restrain and interdict Lt-Col Mathipa from proceeding the section 205 application.
This application was dismissed with costs on July 20 2023.
Mathipa was killed in August 2023 after allegedly receiving a call from a man who claimed to have information about the investigation of the SANDF and the kidnapping case. They agreed to meet at the garage, where he waited for several hours before leaving around 6pm.
“From viewing the CCTV footage it became apparent that the vehicle of Mathipa was followed by black BMW without number plates.
“Both vehicles were captured on CCTV at Pumulani Toll Plaza at 6.14pm as they travelled together to Hammanskraal.
“Shortly thereafter, Mathipa’s vehicle was ambushed near Hammanskraal. He was fatally shot and his vehicle overturned.
“Evidence available will be used to prove that applicant 6 was using the said vehicle on the day of the murder of Mathipa,” read the affidavit.
In its submissions, the state argued that high-velocity firearms were used in the murder of Mathipa and the cause of his death was later determined to be consistent with high-velocity gunshot wounds.
The state argued it was in the DNA of the special forces soldiers to kill, and that accused No 6 knows the movements of the investigating team.
It also argued that both victims from the Mall of Africa were killed at an unknown location. The matter was rolled over to Friday for the continuation of bail proceedings.
