News24

Waterkloof two release to be challenged

2011-12-17 14:36

Pretoria - The correctional services department is to challenge the order to release two of the "Waterkloof Four" from prison, a spokesperson said on Saturday.

Gert van Schalkwyk and Reinach Tiedt were in the Zonderwater prison for killing a homeless man and assaulting another at a park in Pretoria in 2001.

Prison authorities ignored the Pretoria Regional Court's order on Thursday for the release of the two under house arrest.

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

Correctional services was also instructed to appear in court in January to explain why they had not released the two men.

Van Schalkwyk, Tiedt, Christoff Bekker and Frikkie du Preez were sentenced to 12 years after they were convicted in 2008.

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

The remaining two were still in prison and not included in the release order.

 

Comments
  • Stoffel - 2011-12-17 15:00

    http://charlesscheepers.wordpress.com/2009/06/17/waterkloof-four-wrongfully-imprisoned/

      Mike - 2011-12-17 15:42

      Who is Charles and what info does he have that the their council could not use? And then Charles feel their sentence is to harsh? hahahaha what a joke, and this from people bitching and moaning about crime in SA. Let them sit, why must they get out early, because they have rich parents?

      Carla - 2011-12-17 17:05

      Frank: they appealed. And yes, the sentences were too harsh.

      Squeegee - 2011-12-17 18:51

      Bigger issue at stake here. I agree they should still be in jail, but, since when can Correctional Services refuse to obey a court order? Put whoever made this decision behind bars!

  • Larry - 2011-12-17 15:06

    This is Bull***t. Correctional services are supposed to carry out the courts orders. Does this mean that they can also contest a sentence that they believe is too long? The lot of the need to be jailed for contempt of court.

  • Carla - 2011-12-17 15:10

    And so DCS is going to waste more taxpayer money on a useless appeal, in addition to unlawfully detaining the chaps which will lead to more taxpayer money being paid out to the chaps in a civil suit. DCS: STOP WASTING TAX PAYER MONEY!!!

      Moss Mphahlele - 2011-12-17 15:48

      Unlawful detaining of the chaps* If they were black would you make noise? By the way let's release criminals to save tax payer money!!

      Carla - 2011-12-17 17:09

      Actually, yes, Moss. On both counts.

      cosmos.ndebele - 2011-12-17 20:09

      No they should stay in jail, they killed a poor , harmless, homeless and hungryman.

      Pierre - 2011-12-18 02:08

      From a previous post "If they were black would you make any noise?" Well Andrew Babeile from Vryheid jumps to mind. If there ever was an injustice this was it, but I am not sure how many whites stood up for him.

  • Shirley - 2011-12-17 15:34

    Um howcome no one challenged Shakey Schaiks parole?? The law in this country makes up the law as it goes along!!!!!!!!!!!!!!!!!!!!!!!!

      Pierre - 2011-12-18 03:01

      Schaik did not kill anybody. Secondly his trial was highly politically motivated and the accusations in a very grey area. In short if he was not connected to powerful politicians he would never have been charged. Give him a bit of a break.

  • mastersvoice - 2011-12-17 16:05

    I must admit I do not have much faith in our Correctional Services. So whenever there is a story involving them, I tend not to give them the benefit of the doubt. I just wonder what nefarious motives lie behind the appeal?

  • JudithNkwe - 2011-12-17 16:19

    This is crazy. They were recommended by DCS for correctional supervision and granted it. Please can these twits be charged for the legal costs?

      Carla - 2011-12-17 17:13

      Yes Judith - no-one has reported anywhere that these chaps were recommended for parole in the normal run of the system - the case management committee started off with a recommendation in their favour. The parole board did not magically go and search for them. And the most crucial question is: who informed the media that they were up for a conversion application? The family? looking for sympathy? The state prosecutor looking for year-end exposure? DCS looking for a way to slam its own parole board?

      cosmos.ndebele - 2011-12-17 20:10

      @Carla are you related to these killers....??

      Carla - 2011-12-18 21:13

      @Cosmos - nope

  • Itumeleng - 2011-12-17 17:25

    the people have spoken those two belong in jail unless the authorities want them out to repeat the same crimes, if you are 16 yrs and kill, when you become an adult you get worse than before, let them serve the sentence fully and we will be lucky if they come out with a different perspective for a black life still

      Andrew - 2011-12-17 17:54

      Itumeleng, you are sprouting absolute bull, if anything long terms in prison for young people tends to harden them and I would imagine more so in SA. Very few of our correctional service personel are trained to be able to rehahabilitate rather the opposite in dishing out severe punishment judging from stories from ex inmates. Our prisons are testament to this occurence due to repeat offenders sitting behind bars.

  • Vic - 2011-12-17 17:30

    They should never have been considered for parole based on the henious crime they committed to a helpless vagrant, but what is worrying is Correctional Services challenging a Court's decision. Following closely in Zimbabwe's footsteps.

  • Gideon Smalberger - 2011-12-17 18:24

    funny how the shabir (zuma is my chommie) shaik case was NEVER apealed

      Pixie86 - 2011-12-17 18:30

      did he kill someone? Get off it man, this is not a government issue.

  • Jonathan - 2011-12-17 19:50

    They committed murder! Just because their victim was a homeless man does not lessen the crime. They should serve out their sentences.

  • Kevin - 2011-12-17 20:32

    As regards this matter their innocence or guilt is of no relevance. A decision was taken by Correctional Services to release them on correctional supervision, a form of house arrest. This was made an order of court and when it was presented to the relevant correctional services officials they refused to comply. That is simply put contempt of court for they should be imprisoned until they agree to comply with the order. The reasons for their non-compliance are irrelevan, if as they contend they did not receive the papers they are lying, if they wish to appeal the decision they first have to comply and then appeal it either way they are guilty of the Zimbabweanisation of the South African legal system and should be imprisoned for their contempt. No government official , employee or member of parliament is above the law. It is time for the rule of law to be reinstated. Personally I believe they should serve a substantial proportion of their sentences, but that is of no relevance in this issue.

  • Johnnie - 2011-12-17 20:36

    Correctional Services must be the joke of the year.They have people in jail that has been sentenced by court but they when given an order by court ignores it.They decide on a modus operandi and then go against their own decisions.They even get paid-Poor taxpayer.

  • Trevor - 2011-12-17 20:58

    Hell, the arrogance never ends...last I saw, an COURT ORDER must be enforced in a DEMOCRATIC SOCIETY...by ignoring such an order and then long past enforcement date to appeal smacks of arrogance and total lack of respect for the legal system in SA. One could swear we in Zim....no matter what anyone's opinion on the matter is, cout order was given, DCS ignored it and answered only when they deemed nessesary...the DCS officials should be thrown into their own prison it would seem.

  • Nurse - 2011-12-17 21:02

    There are two issues here. Firstly, a court order should be obeyed. Secondly, these monsters should not be up for parole in the first place. I think too many people are commenting based on race. They are monsters who killed a man in cold blood. They should have to do at least 25 years to life for this type of crime. How do we, the law abiding citizens of SA, feel about having deranged psychopaths let loose on us again so easily? I hope they are easily identifiable so we can protect ourselves and our children from them. I am saddened that scum like this gets such an easy ride.

  • roger.pacey - 2011-12-17 21:06

    I don't think obeying orders from a superior officer is a valid defence for not complying with a court order. Surely the next step is a warrant of arrest of the DCS officers who twice failed to comply with a court order. Ultimately, I think a warrant could be issued for the arrest of the Min of CS. Past cases have shown that the courts take a very dim view when people are wrongly held past due date eg the man held for more than 48 hours without a bail hearing. In that case, the police officer responsible was ordered to pay for the costs of a High Court application.

      Pierre - 2011-12-18 02:53

      In some cases the law seems so just, but unfortunately this fairness does not apply to everybody. As at August 2010, 47 414 people had been awaiting trial for more than 24 months in South African jails. Awaiting trial can even be much longer in some cases, and then in many of these cases charges are withdrawn for lack of evidence. In short people can spend years in jail in South Africa on charges that lack proper evidence. I do think this is criminal negligence and if the DA really wants to make a useful contribution, then address this problem rather than making meaningless noise on individual cases.

  • munyaradzi.ncube - 2011-12-17 22:27

    How does this work honestly? Some one murders another, gets 12yrs sentence and serves only three....... I know of a one guy who was given 12 yrs for armed robbery (did not kill any one, and was not found with any stolen goods, neither did he own a gun - Only some women pointed him to the police in the street), and was released only after 6yrs, and only because he the supreme court had overturned the sentence!

      Pierre - 2011-12-18 02:58

      Unfortunately justice seems to favour people with money that can afford decent legal representation, and this is unfortunately a world wide problem.

      Marius - 2011-12-18 09:10

      I agree, and the fact that they haven't shown any remorse just makes it even more ridiculous. Funny how everyone is silent for the death penalty on this one...

  • Thozi - 2011-12-18 00:05

    I'm not bothered about the fate of the two guys, but I get real worried when a court ruling is ignored - especially by a government department. When two court orders are ignored, I fear we are fast becoming another Zimbabwe. Remember how the Prison officials there steadfastly refused to release Mr Roy Bennett when so ordered by their High Courts? Are we still a practising Constitutional Democracy?

      Motlatsi - 2011-12-20 13:54

      Really? Talk about priorities.

  • Pierre - 2011-12-18 02:19

    There were similar assault/murder cases in the country around the same time but with less media attention and interesting the sentences were much lower. Although I am not arguing the length of the sentence as assault and murder are serious crimes, I believe in a justice system that allow people a second chance, especially if the crimes were committed as a minor. Additionally I want to see a system where sentences are more uniform. In essence these cases were very similar as they involved minors that assaulted and killed people on the street without provocation. Some of these sentences I know of were as low as 5 years for in essence the same crime as the Waterkloof guys who got 12 years. For one a justice system needs to be consistent in judgments and secondly compared to other cases a parole at this stage does not look unreasonable for the Waterkloof 4.

      Pierre - 2011-12-24 04:35

      I don't argue the 12 years, although I would like to give a second chance to people that committed crimes as a minor. I am only concerned that in other cases the penalty is as low as 5 years for the same crime. There must be consistency in sentences. The positive thing about posts on this article is that people were not aligned on race. They did not see these guys as martyrs but as criminals.

  • mamoshianem1 - 2011-12-18 04:01

    They deserve that 12 years.They are evil,Most of homelessmen/women are harmless unlike Street kids.They don't steal or kill,they ask for money and food.I want to know in which grounds did they kill that homelessman.

  • Michael - 2011-12-18 09:05

    3 years for murder and assult = disgusting justice system. You get a harsher sentence if you dont pay your TV licence!

  • Marius - 2011-12-18 09:05

    This is where I have a big problem, they committed murder, and murder is murder, they should still be in jail

  • symbolofmylife - 2011-12-21 11:42

    I knew one of them. Christoff Bekker. School days. Well, he wasnt a friend as he's a couple of years younger than me, but by far not the nicest guy and most people (including teachers) to this day refer to him as a bully and good-for-nothing piece-of-excrement. He got in trouble for breaking school rules on a number of occasions and every time mommy and daddy rushed to the school to sort it out for him. I hope he loves the sex he's having....in jail. ROT THERE SCUM!

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