State Wins Right to Appeal Bail for 12 SANDF Members Accused of Murder

The case against 12 members of South Africa’s elite Special Forces has taken another dramatic turn. The High Court in Johannesburg has granted the State leave to appeal a controversial bail ruling that allowed the soldiers to walk free on R10 000 bail each.

They stand accused of crimes that have shaken both the public and the security community: the kidnapping and murder of two Ethiopian nationals linked to ISIS, and the assassination of a senior Hawks investigator.

A Bail Decision Under Fire

Back in July, Magistrate Hleziphi Mkhasibe of the Randburg Magistrate’s Court found that the State had a weak case against the soldiers. She ruled that the accused had shown “exceptional circumstances” justifying their release, despite the serious charges they face.

The State, however, argued that this was a fundamental misstep. According to the Criminal Procedure Act, it is the accused who must prove exceptional circumstances in order to secure bail in cases involving serious crimes like murder. Prosecutors say the magistrate wrongly shifted the burden of proof onto the State and overlooked circumstantial evidence.

National Prosecuting Authority (NPA) spokesperson Phindi Mjonondwane said the appeal is based on both legal and factual grounds. “The bare denial of complicity by the accused does not amount to exceptional circumstances,” she explained.

The Charges That Shocked South Africa

The allegations read like something out of a spy thriller but with devastating real-life consequences.

• December 29, 2022 – Mall of Africa: The 12 SANDF members allegedly kidnapped and murdered Abdella Abadiga, a man believed to be an Africa-based ISIS leader, along with his bodyguard, Kadir Jemal Abotese.

• August 6, 2023 – Hammanskraal: Lieutenant Colonel Frans Mathipa, a Hawks investigator probing the Mall of Africa killings, was ambushed and shot twice in the head while driving on the N1.

The brutality of Mathipa’s murder sent shockwaves through the country. To many, it raised unsettling questions about whether the alleged involvement of state-trained operatives signaled deep-rooted fractures in South Africa’s security apparatus.

A Legal Battle Over Bail

The soldiers’ legal team argued that the State had little more than circumstantial evidence, and that denying bail would unfairly punish them before trial. They also claimed that an appeal could only be made on points of law, not factual disputes.

But the High Court disagreed, saying bail appeals are not so limited. The judge concluded there is a “reasonable prospect” that an appeal court might find the magistrate misapplied her discretion when granting bail.

The case has now been postponed to 17 September 2025 for further investigations. A separate date for the appeal hearing will be set in due course.

Public Reaction: Uneasy Trust in the System

News of the bail ruling earlier this year sparked outrage on social media, where many South Africans questioned how highly trained soldiers accused of multiple murders could be released so easily. The High Court’s decision to allow an appeal has drawn a sigh of relief from some quarters, though it also highlights how divided the nation remains on questions of justice, law enforcement, and trust in state institutions.

As one Twitter user put it: “If Special Forces can be accused of assassinating investigators and still get bail, what chance does the average citizen have?”

What This Means Going Forward

For the State, this appeal is about more than just bail, it’s about restoring public confidence in the justice system. For the accused, it’s a battle for freedom as they wait for trial in one of South Africa’s most explosive cases in years.

Whichever way the appeal court rules, the outcome will set an important precedent on how South Africa handles bail in cases involving serious crimes, state security, and the shadowy intersections of crime and counter-terrorism.

{Source: The Citizen}

Follow Joburg ETC on Facebook, Twitter , TikTok and Instagram

For more News in Johannesburg, visit joburgetc.com