Taxpayers foot legal bill for SANDF members accused of DPCI investigator's murder
Image: SAPS
Taxpayers are coughing up the legal costs for the 12 South African National Defence Force (SANDF) members who are facing multiple charges, including the murder of Directorate of Priority Crime Investigation's (DPCI) senior investigator, Lieutenant-Colonel Frans Mathipa.
Mathipa was killed while he was investigating the abduction of two Ethiopian men, Abdella Hussein Abadiga and his bodyguard, Kadir Jemal Abotese, who were abducted and allegedly taken to Zwartkop Military Base, and their whereabouts are still unknown.
This was disclosed by Defence Minister Angie Motshekga when she was responding to parliamentary questions from DA MP Chris Hattingh and Maliyakhe Shelembe.
Motshekga said the legal costs were paid on the basis of the Defence Act which provides for legal representation for SANDF members.
'The SANDF has the authority to provide legal assistance to its members in certain circumstances. The 12 members of the SANDF facing charges related to the death of Lt Col Frans Mathipa are receiving State-funded legal assistance in accordance with the Defence Act, 2022. This assistance was made available from the outset of the legal proceedings,' she said.
Asked about the legal cost incurred to date in providing to the accused SANDF members, Motshekga said the defence could not confirm the total costs as the court case was currently ongoing and legal proceedings still in progress.
'The department will continue to provide the necessary support and the final costs will be determined once the matter is concluded.'
She would provide the estimated cost that may be incurred should the case proceed to full criminal trial.
'The cost will depend on various factors, including the duration of the trial, the number of witnesses, and the complexity of the legal arguments. As such it is not feasible to provide a reliable estimate of the total costs, including legal fees and other relevant expenses, at this stage,' Motshekga said.
The members of the SANDF special operations unit were each granted R10 000 bail by the Randburg Magistrate's Court following their arrest last month following Mathipa's death in August 2023.
The National Prosecuting Authority has indicated that it will appeal the court's decision to grant bail to the SANDF members facing serious charges that include murder, kidnapping, fraud, obstructing the administration of justice, making false statements under oath and theft of a motor vehicle.
Asked if SANDF has a framework to guide the provision of legal assistance to members charged with serious criminal offences, Motshekga said the process of acquiring legal representation at the State's expense starts with an application by an individual to the department's legal services division.
'The request includes an acknowledgement and undertaking by the member that any expense incurred maybe recouped if it is subsequently determined that the member did not qualify for legal representation at State expense.'
However, she said the SANDF policy on legal assistance may differ depending whether the proceedings are held in military or civilian courts.
Motshekga said members facing charges in military courts may be entitled to legal representation provided by the SANDF's military defence counsel.
'For proceedings in civilian courts, the SANDF's members, guided by the Defence Act, may be provided with legal assistance under certain circumstances, such as when the member's actions were taken in the course of their duties.'
She would not say how much her department spent on legal assistance for SANDF members over the past five years.
Motshekga, however, indicated that SANDF has received 26 requests for legal assistance at State's expense during the past five years.
mayibongwe.maqhina@inl.co.za
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