News24

'Waterkloof 2' back in court

2011-12-19 09:59

Johannesburg - Lawyers for two of the "Waterkloof Four" were expected to return to the North Gauteng High Court on Monday to secure their release on parole.

The department of correctional services was expected to challenge the urgent application, spokesperson Zacharia Modise said at the weekend.

Gert van Schalkwyk and Reinach Tiedt were granted correctional supervision by the Pretoria Regional Court on Wednesday but prison officials refused to release them.

The pair won an urgent court application on Friday for their release, but were still kept in jail.

"We have taken that matter on appeal and will deal with it on Monday," Modise said.

Tiedt and Van Schalkwyk were among a group of four boys convicted of killing a homeless man and assaulting another at a park in Pretoria in 2001. They were each sentenced to 12 years’ imprisonment.

Van Schalkwyk and Tiedt have served three years of the sentence.

The remaining two were being held in another prison and not included in the release order.

Comments
  • rickey.de.clercq - 2011-12-19 10:09

    Why they should be released is above me, honestly, they need to rot in jail for what they have done.

      joedoos - 2011-12-19 10:59

      No one should be paroled for murder after 3 years. Maybe 30 years, yes.

      Van - 2011-12-19 11:31

      It is not parole.

      Malcolm - 2011-12-19 12:38

      The fact of the matter is that the Prisons department has taken the law into their own hands by refusing to obey an order of court. That is clearly leading by anarchy; a very serious breach of law which must be punished by imprisonment of all those responsible.

  • Candice - 2011-12-19 10:11

    3 Years!! feels like yesterday

  • Danielle - 2011-12-19 10:20

    They thought they could literally get away with murder (although sadly it seems not all are equal and some indeed can). Arrogant bastards.

  • Chris - 2011-12-19 10:22

    Half of their future earnings should be taken to support their victim's family.

  • Andrew - 2011-12-19 10:49

    Does nobody believe these boys can be rehabilitated? They most certainly will not in a prison environment with hardened and older criminals.The possibility does exist of rehab with the parole conditions, bear in mind they have studied hard while incarcerated and have good records.

      stuart.steedman - 2011-12-19 11:21

      So ... your suggestion is to release them into their mother's care? I hardly call that a fitting sentence for their crimes. Our prison system is rough and oftentimes brutal - but it's all we have that actually punishes offenders. What would your alternative be then?

      Andrew - 2011-12-19 11:29

      Stuart, it seems you would advocate violence against nurturing with stringent controls. To my mind too much violence already exists in this country and by placing young people in harsh environs perpetuates this culture.

      stuart.steedman - 2011-12-19 12:32

      I take your point Andrew, but you've yet to offer a viable alternative that punishes the wrongdoings of criminals. Releasing them back to their homes is not punishment.

      Wikus - 2011-12-19 13:29

      They are getting released into custody of the parents who in 17 years failed hopelessly to make decent citizens of them in the first place. What chance is there of success this time? And in two years you can develop your brain cognitively but attitude takes a long time to change. The environment in which these kids grew up is BAD, rich but BAD. Look at the main educator!!!!

  • Gerhard - 2011-12-19 11:04

    I do not want to argue the merits of the reason why they are incarcerated. They were found guilty and sent to jail. That is fair. I do not want to argue the fairness of the trial. What really bothers me, is the fact that the correctional services are refusing to carry out an order by the court. Surely that cannot be correct in that they disagree with the merits of a court order and then refuse to carry out such an order?? So, on the flip side, they can refuse to incarcerate a conficted fellon if they disagree with the courts. Surely that cannot be constitutional???

      MEC - 2011-12-19 11:33

      Yes Gerhard, this is what is wrong in this case, not wheter they should be paroled or not, because lets be honest, that happens everyday to convicted rapists and murderers. The problem here is the fact that Correctional Services says NO to the courts. That is just wrong!

      bl.saayman - 2011-12-19 11:40

      Any person is within his or her right to refuse to "obey" an illegal order. Jurists must also act lawfully and the lower courts must follow the precedents set by higher courts. In this case the Parole Board acted ultra vires and also misled the Regional Court to act outside its authority.

      Gerhard - 2011-12-19 12:22

      Thank you MEC. That is my point. Who is in charge here?

      Deon - 2011-12-19 12:51

      Maybe the head(s) of the jail should be jailed for a month. No one is above the court of law, not even Pres. Zuma.

  • Oceanh - 2011-12-19 11:35

    There are TWO issues here folks, dont get blinded by either one. The first, I couldnt care less about, I personally think they deserve at least another 10 years. The second issue though, that I am very concerned with, is that the department of correctional services think, they can defy a court order!! Their sole purpose is to carry out the court's orders, not challenge them. It seems that total disregard for the law has spread to every department of the government.

  • Sean - 2011-12-19 12:00

    In South Africa it seems like being rich or politically connected puts you above the law. Just saying.

  • desertratbkf - 2011-12-19 12:02

    No one should ever be released for murder! NO ONE!!!!!!!!

  • Nurse - 2011-12-19 12:37

    Will there be a "murderer's register" to let us all know where they live? I do not want to live next to murderers. Who is safe from people who kill for fun? That's the sickest motive for murder and parole should never be an option for this lot.

  • Glen - 2011-12-19 13:24

    They should not be released and the governing lot is using reverse psychology in order to later on get farm murderers released.Guess what?.. the Waterkloof 4 fought for this...(well two at least)

  • Paul - 2011-12-19 13:54

    They should spend atleast another 4 years in jail for killing a defenceless human being to death. In fact, bring back the death penalty, hang them as well.

  • Dudley - 2011-12-19 13:55

    Eish...a real matter of the right hand not knowing what the left hand is doing Lesson here is if you want to organize a piss up in a brothel don't get the government to do it for you !

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