Missing prosecutor stalls bail hearing for five accused of joining Russia's war

Prosecutor's absence delays bail proceedings for five men in custody

By Nandi Cassim Published November 13, 2026

The bail application of five Zimbabwean nationals, accused of trying to travel from South Africa to fight in the Russia-Ukraine war, stalled in the Kempton Park Magistrate’s Court on Tuesday when the state prosecutor did not appear. Nothing could be heard. The matter has now been postponed to 17 November, pushing the next stage of the case back by another week.

The brief appearance exposed a practical gap in the court process. The matter had already been delayed once to give the accused time to secure legal representation, and Tuesday’s session was meant to move the bail proceedings forward. Instead, the prosecutor’s absence left the five men in custody, waiting for the case to return.

The charges centre on the Regulation of Foreign Military Assistance Act 15 of 1998, the statute governing military assistance provided to foreign states and certain forms of involvement in foreign military activities. Prosecutors have kept operational details close. Gauteng National Prosecuting Authority spokesperson Abraham Magaboke said the accused were allegedly planning to use South Africa as a transit country before travelling to take part in the conflict, but the prosecution has not publicly disclosed the alleged travel arrangements or named anyone who might have facilitated them.

The five men in Kempton Park are part of a larger group of nine arrested on 8 November during an intelligence-driven operation. Five were taken at OR Tambo International Airport and four at a hotel in Bruma, Johannesburg. The operation drew on several enforcement agencies: the Hawks, SAPS Crime Intelligence, Interpol and others.

Meanwhile, the nine accused are moving through the system on separate tracks. While the five appeared in Kempton Park on Tuesday, the remaining four are being handled in the Johannesburg Magistrate’s Court, where their matter is scheduled to return on Thursday, 12 November, also after an earlier postponement to allow them to obtain legal representation.

The split proceedings carry a practical consequence. The nine will not necessarily have their cases heard or decided on the same day, even though the charges against all of them arise from the same investigation. For now, the timeline for the five in Kempton Park runs to 17 November, and the immediate question is whether the next sitting proceeds without further administrative delay.

Key takeaways

The bail hearing for five accused stalled because the state prosecutor did not appear, leaving the matter postponed to 17 November and the men in custody.
The case had already been delayed once to allow the accused to secure legal representation, so the prosecutor's absence added a further week of administrative delay.
Charges centre on the Regulation of Foreign Military Assistance Act 15 of 1998, but prosecutors have not disclosed alleged travel arrangements or named any facilitators.
The nine accused were arrested on 8 November in an intelligence-driven operation involving the Hawks, SAPS Crime Intelligence and Interpol, with five taken at OR Tambo International Airport and four at a Bruma hotel.
The group is moving through the system on separate tracks: four accused appear in the Johannesburg Magistrate's Court on 12 November, while the five in Kempton Park return on 17 November.
The split proceedings mean the nine may not have their cases heard or decided on the same day, despite arising from the same investigation.

Q&A

Why did the bail hearing for the five accused stall in Kempton Park?

The state prosecutor did not appear, so nothing could be heard. The matter was postponed to 17 November, keeping the five men in custody for another week.

What law are the accused charged under?

The charges centre on the Regulation of Foreign Military Assistance Act 15 of 1998, which governs military assistance to foreign states and certain involvement in foreign military activities.

How were the nine accused arrested?

Nine people were arrested on 8 November during an intelligence-driven operation involving the Hawks, SAPS Crime Intelligence, Interpol and others. Five were taken at OR Tambo International Airport and four at a hotel in Bruma, Johannesburg.

How are the cases of the nine accused being handled?

The five in Kempton Park return on 17 November, while the remaining four are handled in the Johannesburg Magistrate's Court with a return date of Thursday, 12 November, meaning the cases may not be heard or decided on the same day.