Waterkloof decision 'irrational'

2012-03-24 12:32

Johannesburg - The decision to release the Waterkloof two and commute their sentences to correctional supervision was irrational and inappropriate, Correctional services commissioner Tom Moyane has said in court documents. 

Beeld reported on Saturday that Moyane said the decision made by regional magistrate, Peet Johnson, to release the two should be reviewed and set aside.
Gert van Schalkwyk and Reinach Tiedt were released from Zonderwater Prison on December 16, 2011, three years into their 12-year sentence for the death of a homeless man in 2001. Their sentences were commuted to correctional supervision.

Moyane alleges that Johnson did not keep to the terms of the Criminal Procedure Act.

He said that according to law Van Schalkwyk and Tiedt should only have been released when their sentences had expired, or if they were eligible for parole or sentence commuting when there was only five years of their sentence left. Van Schalkwyk and Tiedt's sentences were scheduled to expire on February 10, 2020.

Moyane said Johnson handled the commutation without proper consideration, given the nature of the men's crime.

The same sentences meted out to their co-accused, Christoff Becker and Frikkie du Preez, were not commuted.

The parole board of Zonderwater prison had been suspended with immediate effect relating to the on-going internal investigations over the commutation of the sentences.

Johnson said he will respond in detail to allegations made by the department of correctional services when he returned from leave.

  • Bambanani - 2012-03-24 12:41

    but why did they release those two rubbish,is the life of the homeless guy cheap like that.

  • bluzulu - 2012-03-24 12:47

    Fire this Peet Johnson character and throw these two with Peet back in the slammer, Thankyou

      bluzulu - 2012-03-24 16:06

      Why do these pests think they can get away with pathetic rulings... Do you think we are stupid,Peet?

  • wesleywt - 2012-03-24 13:10

    If this is irrational? Then what is Sheik's and Selebi decision.

      Hallo - 2012-03-24 13:17

      murder idiot

      Shirley - 2012-03-24 13:18


      Riaan - 2012-03-24 13:27

      Hallo Politically connected, idiot.

  • Hallo - 2012-03-24 13:18

    Thanks Captain Obvious. Now haul them back into the Big House!

  • maseratifittipaldi - 2012-03-24 13:22

    There does seem to be some consistency in the system. We have a dead man playing golf, a murderer playing rugby, and a suspect playing chess.

      Luviwe - 2012-03-24 13:30

      Two wrongs don't make it right. Now it look like, tik for tat. I wonder how true this wretoric of " Let's build the country and move foward" to me it is only used when a white person is favoured by the prevailing circumstances. When it is a non white justice must prevail. That is hypocricy of the worst form.

      bluzulu - 2012-03-25 08:40

      Rhetoric NOT wretoric , Luviwe

  • Henry - 2012-03-24 13:31

    Welcome to South Africa...a criminal's paradise..

  • John - 2012-03-24 13:32

    So dom racist Moyane is correct and a magistrate and the whole parole board is incorrect. Only because the 2 released are white. This is pure racism and vindiiveness by Moyane. Fire Moyane.

      Luviwe - 2012-03-24 13:39

      Actually the whole board.

  • Roy - 2012-03-24 13:57

    Not only "irrational" but disgusting. These four should have sat in prison for their full term. It took four of them to kill one homeless defenseless man. Shows you how much "guts" they had. RUBBISH.

  • Malusi - 2012-03-24 13:58

    It was a case of one white releasing other two white criminals, so that they can add some vote for the DA.

      wesselo1 - 2012-03-24 14:28

      And letting shabir out was of course perfectly rational. Just because these are white guys this fuss is made, had the guys been black or anc buddies not a word would have been uttered.

      Roy - 2012-03-24 14:38

      Sorry Malusi,I do not think that this had anything to do with the voting of the DA or any political party. I think this was a case that the regional magistrate,Peet Johnson,could not 'handle" because he was not learned enough for such a decision??

      Alaina - 2012-03-24 15:02

      Believe it or not, not all white people approve of their release. As you can see from the comments. I for one think they should be tossed back in jail as soon as possible.

      Alaina - 2012-03-24 15:02

      Believe it or not, not all white people approve of their release. As you can see from the comments. I for one think they should be tossed back in jail as soon as possible.

      bluzulu - 2012-03-24 16:02

      @weaselo, Murder is not thee same as Fraud, Your rational is questionable. Huge difference

  • africanwolf - 2012-03-24 14:42

    It has nothing to do with skin colour if they murdered they must pay the price otherwise every murderer will get out after 3 years

  • Andre - 2012-03-24 16:03

    Bambini what homeless man? The one treated in Mams hospital on the morning of the incident. The one showing signs of being beaten. He was released the same morning. Or the guy found in the park who has bled to death due to a cut in the back of his leg. A cut which was made by jumping over a palisade fence. He died because of blood loss and had no signs of being beaten. Up the road a house with a pallisade fence was burgled and some of the missing items were found with the non homeless well fed man. If these boys did kill someone only one could have landed the blow or kick that killed him. Question is which one? Some had to be tried as juveniles as they were only 15 years old. Error on behalf of the state. In all probability these kids were sentenced for a crime they did not commit. How about a retrial. We was the state in such a hurry to cremate the body when an autopsy was requested and never done. Seems it was a well dressed and fed burglar who died from self inflicted injuries.

      Manu - 2012-03-24 16:30

      The fact remains that they were sentenced to 12 years in prison and were released a quarter way into their sentence. BTW their coaccused are still in prison. The issue of a retrial or the quality of their trial is an issue separate from their conviction.

  • Manu - 2012-03-24 16:04

    Only 25 comments? I was expecting pages and pages of comments codemning the release of these murderers. I am sure if the judge had been black and the criminals black all hell would have broken loose and we would have had sermons on how blacks are destroying the country. LOL

      Moses - 2012-03-25 00:05

      That is so true, it simply indicates the moral temperature of some of the News24 readers. Really selective morality.

  • frank.hartry - 2012-03-24 17:34

    This magistrate is a disgusting disgrace. These two killers already had a light sentence of 12 years for killing a helpless homeless man and leaving anther for dead, and this worthless man Johnson releases them only after completing three years. This ill considered decision should be reversed and the killers returned to jail to finish their prison terms. I honestly wonder this evil man Johnson was perhaps paid off.

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