Widower to take on state over wife’s killing

Husband determined to see his beloved’s death was not in vain

BEFORE Smiley van Zyl turned off his wife’s life support he promised Jane, the love of his life, that she would not become a mere murder statistic, neither would her death be in vain.

“I believe she heard me,” said Van Zyl. On Tuesday — after almost six years of waiting — he will take on the ministers of police and justice and the national director of public prosecutions in the High Court in Cape Town.

In 2008, Gershwin Hartzenberg was out on bail for armed robbery when he was arrested on March 28 that year for the same offence. But his docket went missing when he was set to appear in court.

When he returned to court on April 1 Hartzenberg was released because he had been detained for more than 48 hours without appearing before a magistrate.

Days after his release Hartzenberg shot Jane, 52, in the head when she pulled up at her Bergvliet house on April 13.

The authorities’ actions, said Van Zyl, smacked of negligence. He is claiming damages of more than R800 000 which would cover expenses like her funeral and selling their home. What he really wants more than everything is for the government to accept responsibility.

“If successful, this civil case could have far-reaching consequences in South African law. It would certainly assist in making our country a better place for everyone,” he said.

In court papers, Van Zyl said the investigating officer planned to oppose Hartzenberg’s bail. The gangster was a danger to the community.

Van Zyl’s nightmare started when he was admitted to hospital with abdominal pain. Later that night his wife kissed him goodbye. The time she spent at his side, he said, was “the most treasured” of his life because it was their last time together.

Soon after she left, a neighbour called him to ask about the “huge bang outside” his home. He could not reach Jane and called their security company.

“Don’t worry sir, the lady at No 4 was shot, but everything is under control,” the operator said.

I have never given up. It is time to get into the ring. I made my late wife a promise

There was nothing doctors could do and he had no choice but to unplug the life support machines attached to the mother of his two children. He had fallen in love with his wife at the age of 13.

“I was at her bedside while Leon, my youngest son, who had been in America for the past year, phoned to say goodbye to his mother from an airport in America. I held my phone to her ear, but could hear every word he said.”

In 2010, Hartzenberg was sentenced to life in prison for the murder by Judge Siraj Desai.

In court papers the ministers admitted that Jane van Zyl’s killer’s docket had been “misplaced” when he arrived at court the first time.

“[The ministers] allege that, had the docket been available, a public prosecutor, acting reasonably after perusal of the docket, would, on the probabilities, not have enrolled Hartzenberg’s matter on 31 March 2008 for lack of evidence in the docket linking him to the charge of robbery.”

Van Zyl knows that he is in for a tough battle but he is confident.

“I have never given up. It is time to get into the ring. I made my late wife a promise.”