Man jailed over Boeremag escape

2011-11-21 15:32

Bloemfontein - A Modimolle man must serve a five year prison term for helping two alleged Boeremag members hide at his farm, the Supreme Court of Appeal held on Monday.

Jaco Bogaards was found guilty in June 2008 of hiding two suspected Boeremag members on his farm in Modimolle (previously Nylstroom).

The SCA dismissed an appeal by Bogaards against a decision by the North Gauteng High Court, which convicted him for harbouring and concealing Boeremag trialist Herman van Rooyen.

Van Rooyen escaped while under a court order to remain in custody in 2006. He and Rudolph Gouws were part of a group of 22 people indicted to face numerous charges, including treason, sabotage, murder, and bombing a Soweto mosque and a Buddhist temple in Bronkhorstspruit.


Van Rooyen and Gouws were kept in custody at the Pretoria C-Max prison and escaped during their trial. They slipped away during a lunch adjournment from the court’s detention cells.

In a majority judgment, the SCA dismissed a challenge by Bogaards that the escapees were not prisoners when they escaped because of a defect in the detention warrants under which they were kept in custody.

The court found that the detention of a convicted or awaiting-trial person was lawful by virtue of the underlying court order.

In this matter it was a court order that refused the escapees bail until their trial was finalised.

The SCA held a defect in a detention warrant, even one which rendered it invalid, could not supersede the authority of the relevant court order.

The court found that Bogaards had contravened the provisions of the Correctional Services Act by harbouring or concealing escaped prisoners on his farm.

  • Andre - 2011-11-21 15:54

    Comment on this? During a 1956 speech for his campaign of de-Stalinization, Soviet leader Nikita Khrushchev was asked by an unseen audience member why, as an advisor to the dictator, he had never stopped Stalin from committing his atrocities. Khrushchev immediately lashed out, “Who said that?” The room grew quiet. Khrushchev repeated his query to more silence, waited a beat, and then said, “Well, now you understand why.” Who want to comment?

      Omnivore - 2011-11-21 17:02

      I don't understand the relevance of this story? Please explain it to me. I'm clearly either missing something obvious here, as attested to by 15 thumbs-ups, or there are a lot of sheep.

  • Mlungisi - 2011-11-21 15:57

    If you didn't win..then join them in prison.

  • trevor.charles3 - 2011-11-21 15:57

    They were not hiding on the farm,they were working and living on the farm

      paulmandlankosi - 2011-11-22 18:11

      Why didn't you bring that evidence to court?

  • VOVO247 - 2011-11-21 15:59

    Criminal is criminal, end of story. irrespective of race or creed, if you kill the innocent or break the law of democratic society, you should hang full stop.

  • kaMazibuko - 2011-11-21 16:11

    great stuff

  • Mrs-Pal - 2011-11-21 16:12

    As is the case with Clive Derby Lewis, the extent of the sentence is politically influenced.

      kaMazibuko - 2011-11-21 16:33

      which is good news to me

      Omnivore - 2011-11-21 16:36

      @kaMazibuko.. if it was politically influenced, no, that's bad news. But I don't think it was and I agree. Lock 'em up.

  • Omnivore - 2011-11-21 16:34

    Anyone who harbours murderers deserves prison. These Boeremag guys are crazy extremists and I think it's pretty sad that there are people on here who are equivocal on this matter. In my opinon, murderers like these guys and Clive Derby Lewis deserve the death penalty. Black murderers, white murderers, all must die.

      Zuljin01 - 2011-11-21 16:40

      Funny that Clive Derby Lewis's name keeps popping up, but what about someone like Robert Mcbride ?? He is a murderer as well ?

      Omnivore - 2011-11-21 16:44

      It's not "funny" that Clive Derby Lewis's name popped up. He was mentioned once and I replied to that. And Robert McBride should hang. I really don't understand this partisan racial defensiveness when it comes to something like this. Murder is murder.

      Philip - 2011-11-21 17:02

      Who then,will we lock up from parliament......

      Omnivore - 2011-11-21 17:31

      @ Philip: What is your point? Because there are criminals in parliament (I agree there are), these Boeremag criminals should be... what exactly? Set free? If not, why bring it up?

      BA - 2011-11-21 20:04

      So you say Mandela must die as well?

  • annie.kalahari - 2011-11-24 08:02

    I am puzzled about this judgment: the 'white' judge ruled the man not guilty; he was overruled by the three black judges. But the people which the farmer had been hiding on his Warmbaths farm had not yet been found guilty of ANYTHING whatsoever, even though they had been trial-awaiting prisoners for the past eight years on charges of 'terrorism'. How can this farmer then be found guilty and jailed for 5 years UNDER THE TERRORISM ACT? Pardon my ignorance, but 'terrorism' intent has at that stage of the trial, NOT been judged as yet. There's something wrong with this judgment and I hope that this case will be reanalysed and subjected to a thorough review of all the legal aspects.

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