ConCourt to hear Boeremag escapees case

2012-05-02 22:46

Johannesburg - Modimolle farmer Jacobus Bogaards will challenge his prison sentence for hiding two Boeremag escapees in a hearing at the Constitutional Court in Johannesburg on Thursday.

In November Bogaards successfully appealed the two-year sentence suspended for five years which was meted down on him by the Modimolle Regional Court in terms of contravening sections 11 and 12 of the Terrorism Act.

That was for harbouring and concealing Rudi Gouws and Herman van Rooyen and not reporting their escape.

They had been arrested and charged with murder, sabotage and several counts of terrorism under the Internal Security Act in what is known as the "Boeremag trial" when they escaped from Pretoria's C-Max maximum security prison in 2006.

Bogaards had also been charged in the alternative in terms of section 115(e) of the Correctional Services Act.

The Supreme Court of Appeal set aside his conviction under the Terrorism Act but instead, it convicted him on the alternative charge, under section 115(e), which criminalises the harbouring or concealment of escaped inmates and imposed a sentence of five year's imprisonment.

Bogaards intends to challenge his conviction on the basis that inmates may only be lawfully incarcerated in terms of a valid warrant of detention.

Since the escapees were held in terms of a court order, not a valid warrant, he argues that they were held unlawfully and could not be considered inmates as required by the Correctional Services Act.

He believes his conviction is therefore unlawful and his sentence is improper.

- SAPA
Read more on:    herman van rooyen  |  rudi gouws
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
11 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Movies
Traffic & Train Alerts
Traffic
Cape Town 06:03 AM
Road name: MetroRail

Train services between Nyanga/Chris Hani (Khayelitsha) and Nyanga/Kapteinsklip remain SUSPENDED - all stations on these sections are CLOSED

Langa 05:59 AM
Road name: N2 Inbound

SARIOUS CRASH at the N7 off-ramp - RAMP CLOSED

Jobs in Cape Town [change area]

Jobs in Western Cape region

Senior Business Analyst / SBA

Cape Town
Profession Hub
R40 000 - R45 000 Per Month

Seller Support Associate

Western Cape
Amazon Development Centre SA (Pty) Ltd
R65 - R70 Per Hour

Technology Engineer

Cape Town
Powertech Management Services

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Up to 60% off - clearance sale!

Save up to 60% on appliances, books, electronics, toys, movies and more. Offer valid while stocks last. Shop now!

Deal of the Week!

Get bestselling John Green novels now just R99 each! Hurry and get yours while stocks last. Shop here.

Mind blowing deals on beauty & fragrances

Save up to 30% off beauty and fragrances. Offer valid while stocks last. Shop now!

Up to 50% off hair care products!

Save up to 50% on professional hair care products at kalahari.com. Offer valid while stocks last. Shop now!

30% off academic books

Score a mind blowing 30% off academic books! Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Jan 21 - Feb 18
Jan 21 - Feb 18

You may be inspired to do things that expand your mind in a big way today. You have a need to explore and a need to please....read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.