Judge to inspect location where man was forced into coffin
1 August 2017
Delmas – Judge Segopotje Mphahlele will on Tuesday visit and inspect the location where two men are accused of forcing Victor Mlotshwa into a coffin and threatening to pour petrol on him.
Theo Jackson and Willem Oosthuizen face charges of kidnapping, assault with intent to do grievous bodily harm, attempted murder and possession of an illegal firearm.
They were granted bail of R1 000 each on July 14 in the Middelburg Magistrate's Court, after reapplying for bail.
The trial was moved to the High Court in Delmas, but then moved again to the High Court sitting in the Middelburg Magistrate's Court
On Monday, advocate Wayne Gibbs, for Oosthuizen, said the very reason that Oosthuizen had thought of using the coffin after apprehending Mlotshwa was because De Beer had told him about an occasion when he had used it to scare people who were stealing mielies on the farm.
"He thought it would be opportune to scare Mlotshwa to not steal and not carry out threats," Gibbs said.
The incident took place near Komati power station in Mpumalanga on August 17, 2016.
Mlotshwa had noticed two Land Cruisers following him when the vehicles stopped, and two men assaulted Mlotshwa and kicked him without any explanation, investigating officer Constable Dimakatso said.
A video of the incident posted on YouTube showed one man forcing Mlotshwa into a coffin and threatening to pour petrol on him, while Mlotshwa pleaded with them to stop.
During an appearance in 2016, the pair told the court they had merely wanted to "teach Mlotshwa a lesson". They claimed their actions were "negligible" and that they did not mean any harm.
In affidavits previously read out in court by advocate Johan Van Wyk, the men said they had received death threats since they were arrested, necessitating the need for bail.
The trial is set down for July 31 to August 10. News24
Further report:
State's second witness claims to also have been assaulted by coffin duo
Middelburg - A man who claims to have also been assaulted by the two men who forced Victor Mlotshwa into a coffin told the High Court sitting in the Middelburg Magistrate's Court on Tuesday that they kicked him and called him a k****r.
Delton Sithole was testifying on the second day of the trial where Theo Jackson and Willem Oosthuizen are facing charges of kidnapping, assault with intent to do grievous bodily harm, attempted murder and possession of an illegal firearm.
They were granted R1000 bail each on July 14 after reapplying for bail.
Dressed in suits, both Oosthuizen and Jackson looked calm during proceedings.
The court gallery was packed with members of the public, some clad in various political regalia.
Testifying in Xitsonga, Sithole told the court that the pair kicked him all over his body.
Sithole said on August 17, 2016 he was walking back to 'Big House' squatter camp when one of the accused - Oosthuizen, who was driving a bakkie, approached and asked him what he was doing on the farm.
Sithole said he told Oosthuizen that he was just passing by.
He said Oosthuizen got out of the bakkie, confronted him and grabbed him by his wrists.
He then went to his bakkie and took out a firearm, he said.
Sithole said when he ran away, he came across Jackson who ordered him to get into the bakkie.
He said when he opened the passenger door, Jackson said, "He cannot sit next to a k****r".
Asked by prosecutor Robert Molokoane how he felt when he was allegedly called a k****r, Sithole said, "I felt degraded".
He also testified that the two assaulted him for a long while.
"My legs were hurt. In the process of this assault, I injured my tongue."
He said while he was being kicked, he overheard the pair saying "another k****r was on the farm," referring to Mlotshwa.
Sithole said he went to the squatter camp and told the community that "the whites had kidnapped Mlotshwa".
He said he witnessed Mlotshwa's incident unfolding but he didn't see the entire scene.
But Wayne Gibbs for Oosthuizen said Sithole was not being truthful in his testimony.
"He [Oosthuizen] doesn't know you at all. The incident is not true at all," Gibbs said.
He said according to his client, the incident relating to Mlotshwa happened on September 7 and not August 17.
On Tuesday morning, Judge Mogopotje Mphahlele who is presiding over the case conducted an inspection-in-loco along with the accused, prosecutor and investigating officer.
The alleged assault took place at the JM de Beer Boerdery, near the Komati power station in Mpumalanga.
Both the accused and Mlotshwa were asked to point out several places, including where the assault had allegedly taken place. There were several discrepancies in the pointing out of some of the locations.
The trial continues with Mlotshwa expected to take the stand on Wednesday.
