Kazi didn't die in vain, says father-in-law

2012-08-22 20:17
Roedolf Viviers, 28, who has been charged with the murder of Muhammad Fayaaz Kazi, appears in the Krugersdorp Regional Court. (Werner Beukes, Sapa)

Roedolf Viviers, 28, who has been charged with the murder of Muhammad Fayaaz Kazi, appears in the Krugersdorp Regional Court. (Werner Beukes, Sapa)

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Johannesburg - A young Muslim man who died after being beaten in an apparent racist attack did not die in vain, his father-in-law said outside the Krugersdorp Regional Court on Wednesday.

"We are convinced that Fayaaz [Kazi] has not died in vain," Hasimbhay Motara told reporters.

He was responding to the court's rejection of the bail application by murder accused Roedolf Viviers.

Motara broke down as he said his daughter, Kazi's wife, would be satisfied with the court's decision.

A multi-cultural South Africa could "not afford another incident of this nature", he said.

Another family spokesperson, Zahib Asmal, said: "The family is understandably sad that Fayaaz is not here today... [But we] have every confidence that justice will take its course.

"We feel for the families of the two men [who are] also victims of this crime," he said.

Earlier, Magistrate Reginald Dama said he had "no choice" but to deny bail to Viviers, 28, who faces charges of murder and assault with intent to cause grievous bodily harm.

Zayne van Tonder, 33, accused of assault, was granted R2 000 bail.

Dama said he was initially concerned this amount was too high as bail "is not used for the purpose of punishment".

He said that the accuseds' legal representative Sakkie Smith assured him that R2 000 "fit his pocket".

The two allegedly made racist remarks to Muhammad Fayaaz Kazi and his friend Anser Mahmood at a fast food outlet in Magaliesburg on 6 August.

An argument and a fight ensued. Kazi was severely beaten and died in hospital.

On Tuesday, attorney for the accused, Sakkie Smith, read out an affidavit by Viviers in court, detailing why he believed he should be granted bail. Viviers said he looked after his ill and elderly mother.

He was the sole breadwinner of his family and provided for his fiance and her young child. Viviers signalled his intention to plead not guilty to all charges. There was no risk he would skip bail, Smith said.

He suggested that Viviers' bail be set at R5 000.

Prosecutor Micky Thesner said the State opposed bail as Viviers was accused of a schedule five offence which, according to the Criminal Procedure Act, requires him to prove exceptional circumstances existed to get bail.

The State did not oppose Van Tonder's bail application and suggested it be set at R2 000.

The matter was postponed to 29 November.

Read more on:    muhammad fayaaz kazi  |  anser mahmood  |  zayne van tonder  |  roedolf viviers  |  johannesburg  |  mahikeng

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