Soldiers Accused of Murder Rush to Court Seeking Protection
– Six South African National Defence Force (SANDF) Special Forces soldiers accused of murder and kidnapping have made a last-ditch effort to suspend a court order requiring them to report to jail, appearing unexpectedly at the Gauteng High Court in Johannesburg.
The soldiers are accused of the murder of Hawks detective Lieutenant-Colonel Frans Mathipa and the kidnapping of two Ethiopian nationals. They were originally directed to report to jail, but have now sought urgent intervention from the court to suspend that order, reportedly fearing for their safety.
The sudden appearance in court comes after the deadline to report to prison passed. Details surrounding the soldiers’ concerns for their safety have not been immediately released, but their legal team argued for the suspension of the order, citing potential risks.
This case unfolds against a broader backdrop of scrutiny regarding soldiers facing criminal charges. Recent reporting has highlighted concerns about how the U.S. Army handles cases involving violent crimes, with a new rule implemented in April 2024 to limit commanders’ authority in deciding whether soldiers accused of serious offenses can leave the service instead of facing court-martial. The change, spurred by investigations into hundreds of soldiers administratively discharged while facing charges like sexual assault and domestic violence, now requires approval from the Office of Special Trial Counsel for such decisions.
The U.S. Military is also grappling with high-profile cases involving violence. The Justice Department announced on , that it will seek the death penalty for Rahmanullah Lakanwal, accused of shooting two National Guard members near the White House in November, resulting in the death of one of them, Sarah Beckstrom. Lakanwal pleaded not guilty to nine charges, including first-degree murder.
According to court documents, Lakanwal, who previously worked with the CIA in Afghanistan for over a decade, allegedly ambushed the two National Guard members, shooting them in the head with a stolen revolver. Another National Guard member then shot Lakanwal, leading to his arrest. The surviving officer, Andrew Wolfe, remains in recovery.
Investigators have revealed that Lakanwal had been given the firearm by an unnamed individual after expressing a need for protection while driving for Uber and Lyft, despite being banned from both platforms at the time of the shooting.
Separately, a Fort Drum soldier, Specialist Riley Birbilas, has been arraigned on post and pleaded not guilty to charges of premeditated murder and obstruction of justice. Details surrounding this case remain limited.
The U.S. Army Court-Martial Public Record System provides access to summaries, docket information and records pertaining to Army courts-martial, offering a degree of transparency into the military justice system.
The South African case involving the six Special Forces soldiers remains ongoing, with the court’s decision on the suspension of the jail order keenly awaited. The situation highlights the complex challenges surrounding the prosecution of military personnel accused of serious crimes and the need for both justice and the protection of those involved.
