Central SA
Defence delighted about #Senekal judgment─── LUCKY NKUYANE 06:42 Tue, 20 Oct 2020
The defence team of the 51-year-old former farmer and Senekal businessman who was released on R15 000 bail in the Bloemfontein High Court on Monday, has reiterated that it was in the best interest of justice.
High Court Judge, Celeste Reinders, on Monday upheld the appeal brought forward by André Pienaar to be released on bail after Senekal Magistrate Buti Mlangeni denied him bail.
She ordered Pienaar be released on bail because there was no evidence that he was a flight risk, as the low court had said before while denying him bail.
Reacting to the judgment, instructing attorney, Adriaan Janse van Rensburg, told OFM News that according to judge Reinders, none of the factors enshrined in the Constitution was made by the evidence of the State against Pienaar.
On Thursday at the Bloemfontein High Court, while leading evidence for Pienaar, Advocate Jacques Potgieter put up a strong fight to appeal the refusal for his bail application at the Senekal Magistrate's Court.
He submitted that Magistrate Buti Mlangeni erred in not applying the presumption of innocence until proven guilty, as enshrined in the Constitution. Potgieter detailed at least six factors to Judge Celeste Reinders where he says Magistrate Mlangeni made certain findings without evidence.
Potgieter further argued that there was no evidence that the court personnel were attacked and were predominantly women; and that the magistrate misdirected himself in the evaluation of where the interest of justice lies by considering “unproven, unsubstantiated factual findings”.
Meanwhile, Pienaar's co-accused, Stephen Fourie, was granted bail of R15 000 in the Senekal Magistrate's Court on Monday.
Fourie is also facing charges of public violence, arson, and malicious damage to property, among others. He was released after the state opted not to oppose his bail application.
The pair will re-appear in the Senekal Magistrate's Court on 20 November on the said charges.
The arrests of Pienaar and Fourie follow after public violence that broke out at the Senekal Magistrate's Court during the first appearance of farm manager Brendin Horner's murder suspects on 6 October.
Meanwhile, the Horner murder case will resume in the same local court on Tuesday 20 October and Thursday 22 October, where Sekwetje Mahlamba and Sekola Matlaletsa are applying for bail. The two have previously indicated that they will not be pleading guilty to charges of murder and robbery.
OFM News
