Waterkloof 2 remain under house arrest

2012-02-10 15:07

Johannesburg - An application to appeal against the sentence conversion of two of the "Waterkloof four" was dismissed by the Pretoria Regional Court on Friday.

Reinach Tiedt and Gert van Schalkwyk would remain under house arrest after their 12-year sentences for murder and assault were converted on December 15 last year.

The application was brought by the correctional services commissioner. In dismissing it, Magistrate Peet Johnson said: "The commissioner has no authority to interfere with the decision of the parole board."

The commissioner was ordered to pay the respondents' costs.

Johnson said a representative of the Directorate of Public Prosecutions (DPP), who was also the prosecutor in the Waterkloof case, attended the conversion application in December 2011.

The DPP representative at the time did not object and said the application was correct and well prepared.

"If the DPP did not oppose the application, why would the commissioner?" Johnson asked.

He said advocate M Sithole, for the commissioner, presented the court with an outdated version of the law that applied in the case.

Sithole contended the commissioner had the right to appeal the sentence. Johnson corrected him and said the parole board and commissioner had equal rights.

Sithole argued that the relatives of the deceased, a homeless man, should have been notified of the sentence conversion. Johnson said the victim was never identified and no relatives could be found.

Sithole argued that the commissioner did not know of the conversion hearing. Johnson asked how he could not have known if the two applicants were brought to court and guarded by about 10 correctional services officers.

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 began serving their sentence at the Pretoria Central Prison in 2008.

  • Myvision - 2012-02-10 15:12

    I bet Johan Kotze and Nel will be free with 18 months.

      Deon - 2012-02-10 16:19

      Selibe will be a better bet.

      Hallo - 2012-02-10 17:44

      Who is Selibe? The joke is Selebi got a stiffer sentence then the one these degenerate kids served. I mean they only kicked a homeless man to a bloody pulp. He bled out. A gallon of blood lost.

  • Marc - 2012-02-10 15:20

    Well done, magistrate Johnson! You gave them hell! Seems that the Commissioner's appeal was based rather on wanting to keep the white boys behind bars than on the proper principles of law.

      Marc - 2012-02-10 15:24

      Btw - the headline is misleading - its not the Waterkloof 2 who'se bid was dismissed, its the Commissioner's bid that was dismissed. BIG difference!

      George - 2012-02-10 15:37

      I couldn't agree more. i have never come across someone that appeals their own applications. no wonder we have a justice system the way it is. How can you appeal something in February but agreed with the proceedings in December 2011. Well done to this Magistrate he is a asset and should remain on the bench because he knows how to practice law.

      Hallo - 2012-02-10 15:51

      It's about keeping murderers in jail.

      bluzulu - 2012-02-10 17:56

      There we go Black ,White , Brown. when does this society just believe in Right and Wrong. Wake up , take off those blinkers that almost ruined our beloved country.

      Dries - 2012-02-11 09:52

      Correct Mark, The person the boys moered that night and the body the cops pick was not the same person. The case was rooked by the cops in the fist place to nail the 4 white boys. Before everybody jumps on my case go read the reports of the cops and go check the DNA results. The boys were only locked up 2 weeks later for murder and they did not even know why the cops lock them up.... set our white kids free...

      Wouter - 2012-02-11 21:27

      @Dries - I say they got off lightly considering they committed murder. Your immense knowledge from reading two articles off the internet notwithstanding, after ALL the facts from all parties were tallied, they were found guilty in a court of law. THEY'RE MURDERERS. So while you have the constitutional right to sympathize and associate with them, I think they should be in jail having a 28 and airforce haggling with each about how many cigarettes it would cost for raping rights.

  • Shirley - 2012-02-10 15:36

    Good to see there are still Magistrates around who base their findings on law and not race.The arguments presented by the commisioner were laughable and clearly not being argued fairly. Pity there are not more magistrates like him around!

      bluzulu - 2012-02-10 19:00

      Wonder if you had the same thoughts on the Judicial system if these oxygen thieves had murdered one of your family members and were now sitting in their comfy homes playing PS3 and watching DSTV. Put yourself in the other shoe before delivering pathetic comments.

  • Hallo - 2012-02-10 15:50

    These dogs should be in jail!

      Gail - 2012-02-11 16:45

      They didn't know why they were being arrested!!! Could that be because they were drunk at the time?

  • Andre - 2012-02-10 15:56

    Is Sithole realy an advocate? God forbid! Where did he buy his "advocacy"?

  • Michael Kleber - 2012-02-10 15:58

    Just because he was a vagrant does not devalue his life what these guys did was wrong and by committing them to house arrest is sending out the wrong message

      Hallo - 2012-02-10 16:22

      And that message would apply to say, farm murderers as well. Not so?

      Heiku - 2012-02-10 16:34

      Yeah good luck convincing these racists on here..

      Shirley - 2012-02-10 16:51

      Robert Mc bride killed my sister inlaw in Durban-he became metro police chief. What they did was wrong BUT the correct procedure was followed,it was done legally and therefore shouldnt be reversed on "racial" grounds. There are thousands of questionable parole,bail or early releases in this country-until they get it right [in all aspects,races and crimes] you cant just ask for reversal because of race! I dont recall Schaik been thrown back in jail even though everyone was against his release. Start punishing the crime and NOT the race!

      Hallo - 2012-02-10 17:25

      Shirley - The government of the day killed her. If anything the release of these dogs can be attributed to their race because their families had the means to appeal.

      Hallo - 2012-02-10 17:29

      Too many thumbs up on my farmers comment. What I meant was farm murderers should also serve their sentences at home.

      Shirley - 2012-02-10 17:33

      Hallo:So then Schaik had the money,connections and dirt to secure his parole? The government of the day did NOT kill her,the FUTURE government did. And the dog that did it is still as free as a bird!

      Hallo - 2012-02-10 17:54

      Shirley: Your sister was seen as collateral damage by the then government. You are foolish to believe that your sister was targeted in the attack, unlike the man that was kicked to a bloody pulp.

  • Heiku - 2012-02-10 16:33

    These dogs should be in jail for the rest of their lives.

      Hallo - 2012-02-10 17:27

      Death penalty, hung, lethal injection, stoning for all I care. I promise you the same calls would be going out if colours were reversed.

  • Mike - 2012-02-10 17:44

    I am sorry but for the crime they committed and were found guilty they should be locked up and not under House Arrest!

  • bluzulu - 2012-02-10 17:50

    These bastards must rot in jail for the full sentence. Whats this BS about home arrest?

      Arvin - 2012-02-10 18:35

      A precedent has been set here. All murderers will in future be put under house arrest. Period !!!! Whats good for the gander is good for the goose. Eish !!!

      bluzulu - 2012-02-10 20:16

      I don't see the colour of the criminals, They could be blue as Smurfs for all I care. this conversion BS should be investigated.

  • Fanie - 2012-02-11 14:39

    They must rot in hell these two and the other two. Not just because of the horrible and senseless murder, but because they were the white and of being the chosen race. they should have known better.

  • Gail - 2012-02-11 16:41

    What has happened to the other two - there were four of them originally - real brave guys it took 4 to kill a helpless homeless man. Why are these two out and not the other two? Where can one read the police reports about the case as someone mentioned in the comments.

  • Gail - 2012-02-11 17:03

    @ Hallo: The reason these two have been allowed out is probably that there isn't enough room in the prison for them and possibly they were not active participants but accessories after the fact. I don't remember all the details just that it was a despicable act fully deserving of life behind bars, not life at home. Winnie was under house arrest and look at the damage she was able to wreak even from her home. And as far as Robert McBride is concerned Shirley's SIL was collateral damage of the MK cadre's Robert McBride who deliberately set a bomb in an area where he knew that civilians including women would die. Why are you not claiming him as an ANC member? Could it be that since democracy he hasn't exactly covered himself in glory despite the positions he has been given as reward?

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