Evidence shared with the BBC indicates South African special forces murdered top detective Lt Col Frans Mathipa in August 2023. Seven members of South Africa's special forces and one military police officer face charges for Mathipa's murder. They deny these charges, and no trial date has been set.
Lt Col Mathipa, a highly respected officer, was shot dead while driving. His car was found overturned two days after he was told crucial information in his case would be provided. He had expressed fears that his investigation could cost him his life.
This case has caused significant concern in South Africa, a nation known for its robust democracy. It raises fears that the country's military is exceeding its legal authority. The BBC World Service gained exclusive access to the prosecution's case against the accused individuals.
Police documents shared with the BBC suggest special forces killed Mathipa, who worked for an elite police unit called "The Hawks." These documents show the vehicle that trailed Mathipa before his shooting was registered to Peters Communications Trust (PCT). PCT is a front company for the special forces.
Tracking data from that vehicle places it at the scene of the shooting. One of the men in the car, Maj Sunnybooi Wambi, was also seen at the scene of an alleged abduction. This abduction was the very case Mathipa had been investigating.
The sensitive case Mathipa investigated involved an Ethiopian man, Abdella Abadigga. Abadigga was an alleged Islamic State (IS) militant. He had been smuggled back into South Africa by the military and Department of Home Affairs to be an intelligence asset, but he had "gone rogue."
Abadigga then extorted Johannesburg's Ethiopian neighbourhood, according to community sources. The US government states this money funded IS. Mathipa was investigating allegations that special forces abducted and killed Abadigga in December 2022.
The US had earlier sanctioned Abadigga, designating him an IS recruiter and fundraiser. He was also a trusted supporter of Bilal al-Sudani, a top IS figure in Somalia. Court documents show Abadigga's phone connected to a mast near a military base after his abduction.
Police sources say this phone was used to call a number in Somalia. After Mathipa's death, special forces reportedly issued a chilling warning to The Hawks. Police documents quote the warning: "You can appoint 10 investigating officers; we will kill all of them."
Concerns persist that the trial may never proceed. Three of the men charged have refused to comply with a court order revoking their bail. They continue to work for the army's special forces, and one has even been promoted.
This situation highlights potential challenges to the rule of law and accountability within South Africa's security apparatus. The outcome of this case will be closely watched by human rights organizations and international observers. It will also test the independence of South Africa's judicial system.