On Thursday, Van Rooyen denied the 32-year-old Sekwetje Mahlamba bail, but granted his co-accused, 44-year-old Sekola Matlaletsa, R5000 bail. Whilst delivering his ruling on the applications in the Senekal Magistrate's Court on Thursday, Van Rooyen reflected on the sensitivity of the case, furthermore expressing his concerns regarding the possibility of delays, specifically with regards to DNA analysis.

The Magistrate said briefly, that in his experience, the backlog at the state forensic laboratory could set the trial back anywhere from around six months to a year. He called for investigations to be expedited due to the sensitivity of the case. The Magistrate spoke on how Brendin Horner’s murder has brought “racial tensions, economic divisions in this small town and the mistrust in police” to the fore, forcing national conversations on these issues.

It has been reported widely that at this stage of the investigation, there is no material evidence against the accused. Meaning the state’s case hinges on eyewitness testimony for now. The DNA analysis of blood samples taken from Horner’s bakkie at a private laboratory revealed both the accused couldn’t be linked conclusively to the abandoned bakkie. Furthermore, the clothing material found at Mahlambe’s premises, are still being analysed at a state laboratory. These are amongst the issues marring the state’s case against the accused - notably accused number 2, Matlaletsa.

In the case of the 44-year-old, Magistrate Van Rooyen expressed his satisfaction that the 44-year-old is not a flight risk as alleged by the state because he has fixed property and immovable property in Paul Roux, with no familial ties in Lesotho as alluded to by investigator Pieter Myburgh in his testimony. Van Rooyen said there was no evidence proving that Matlaletsa instructed his brother-in-law from prison in Kroonstad to intimidate a female witness via a third party, when she attended a funeral in Phuthaditjhaba.

However, in accused number 1’s case, Van Rooyen found there is significant evidence that points to him playing a role in the crime, and emphasised releasing him wouldn’t be in the interest of justice. The bloodstained pants that are still being examined by forensics, were found on Mahlamba’s shared property. In addition to this, when he was probed on why the pants had bloodstains, he claimed to have attended a ceremony at “Pinky’s” house where he helped slaughter an animal. Pinky said this was untrue when probed by the police, an indication the accused had lied to police. Furthermore the accused’s girlfriend recalls falling asleep next to him on the night of the murder, but when she awoke at 22:00, he was no longer in their home. In her statement she tells police, he only returned home at 04:00 am the next morning. The Magistrate says should Mahlamba be released out on bail, he could influence his girlfriend to alter her testimony.

The case has been postponed to 1 December 2020.

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