The Herald (South Africa)

Coffin pair in sick bay after judge’s bungle

- Naledi Shange

FARM employees Theo Jackson and Willem Oosthuizen‚ who were found guilty of assaulting Victor Mlotshwa and forcing him into a coffin‚ are yet to set foot in a prison cell.

The two had been kept in the sick bay of the Witbank Correction­al Services facility since their sentencing two weeks ago‚ Oosthuizen’s attorney‚ Marius Coertze‚ confirmed yesterday.

He said this was because of errors in court papers, signed off by Judge Segopotje Mphahlele.

“A strange thing happened. When the warrants were signed by the judge‚ they indicated that the two were to serve a time period of 29 years and 23 years‚” Coertze said. But they had been sentenced to 11 and 14 years. Mphahlele’s error would have resulted in them being placed in a maximum facility at the Witbank Correction­al Services‚ where criminals serving life sentences are kept.

“They would have been in there with the wrong crowd‚” Coertze said.

“But prison authoritie­s noticed the [error] and decided to keep them in the sick bay instead.”

The two cannot be placed in the correct section of the prison facility until Mphahlele acts.

“The warrant must go back [to the judge] to be rectified and then be sent back to the prison authoritie­s‚” Coertze said.

He said the defence was planning to file a petition for leave to appeal against the men’s conviction on a string of charges‚ including attempted murder‚ kidnapping and intimidati­on.

“Our opinion is that another court will come to another reasonable decision.

“We were disappoint­ed and shocked when she [Mphahlele] refused the leave to appeal‚” he said.

The two men were arrested last year after a video they took of themselves – forcing Mlotshwa into a coffin – went viral.

In it‚ Mlotshwa was heard begging for his life as they forced the coffin closed and threatened to burn him alive.

Oosthuizen and Jackson defended the assault by accusing Mlotshwa of stealing copper cables and of threatenin­g their families. – TimesLIVE

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