SCA grants murder-accused his retrial
A MURDER-accused who insisted “the truth does not need any explanation” became fed up after his State-instructed lawyer failed to be present for his trial.
The man opted to defend himself, but soon discovered this was not the best route to take.
Jan Bezuidenhout was sentenced in the Vosloorus Magistrate’s Court to 15 years imprisonment for shooting and killing herdsman Bisani Tshukela.
Bezuidenhout told the court while the bullet which took Tshukela’s life came from his firearm, he never meant to shoot him.
He said the shot went off while the two of them struggled for the firearm. According to Bezuidenhout, Tshukela was herding his cattle through his property.
Bezuidenhout then fired several warning shots before Tshukela wrestled him for the firearm.
Bezuidenhout from the start of his court appearance refused to obtain the services of a lawyer, as he said he had nothing to hide.
He said: “I believe the court wants to determine the truth. I think for the truth I do not need anyone to speak on my behalf.”
The magistrate, however, urged him to obtain the services of a lawyer paid for by the State. She, however, only came to court once and was ill on the other occasions. After his 14th appearance in court, still without a lawyer, Bezuidenhout decided enough was enough. He again told the court he did not need anyone to speak for him.
He added: “I think my counsel will probably end up sick again when we have to start the proceedings again.
“I would ask the court to indulge me, that if that happens, let me rather speak the truth on my own behalf … The truth does not need any explanation.”
But it turned out it was not as simple as that. Muzivukile Dumezweni, who was employed as a herdsman by Tshukela, testified he was intentionally shot and killed by Bezuidenhout for no reason. Dumezweni, however, did not see the shooting.
He said he was herding the cattle from behind, on a road running next to Bezuidenhout’s property, while Tshukela was leading them. The next moment he heard shots and saw Tshukela on the ground.
Bezuidenhout, who had a gun with him, rushed Tshukela to hospital, where he was arrested by the police.
Bezuidenhout said he had warned the cattle herders for weeks not to let the cattle graze on his vegetable patch, but they would not listen. That day, when he saw them coming again, he fired warning shots as they refused to leave. This, according to him, was when Tshukela tried to take the firearm from him and a shot went off.
The magistrate believed the State and convicted and sentenced Bezuidenhout to 15 years and refused to reopen the case. Bezuidenhout turned to the Supreme Court of Appeal, which found he had an unfair trial, and ordered he had to be retried before a different magistrate.