The Polokwane High Court has struck the state’s appeal against pig farmer, Zachariah Olivier and his defence, off the roll.
Judge President Moletjie Phatudi says the state’s appeal case was not argued under the relevant criminal clauses of the Criminal Procedure Act.
This ruling provided the state with a second chance to file another appeal before the resumption of the formal bail application in November.
Judge President Phathudi referred to the state’s arguments as insufficient.
At the centre of the appeal, is a verdict made by the Mankweng Magistrate’s Court in September.
The ruling granted the defence lawyer representing the accused, Olivier, access to a statement – he and two other co-accused provided to the police.
However, Judge President Phathudi ruled in favour of the defence lawyer, saying the state applied a wrong provision of the criminal justice act to present its case.
“The appellant made no effort in the first place to condone the rectification of the error they have considered and a written notice of the amendment to its notice of appeal, which it did not do.”
Judge Phathudi ordered for the matter to be struck off the roll.
“In consequence, the following order has been issued, one the appeal brought by the state in terms of section 310 capital a is struck off the roll, that is the order,” he said.
The three accused murderers, Olivier, Rudolf de Wet and William Musora were arrested after the remains of Maria Makgato and Kudzai Ndlovu were discovered in a pigsty at Onverwacht farm, outside Polokwane in August.
Their remains were allegedly fed to pigs.
Defense lawyer, Andries Rheeder, says the state’s appeal should have been dismissed completely without a chance of being brought back to the court roll.
“We are not ecstatic about the court judgment but it is the correct judgment. In essence, we would have hoped that the appeal would be dismissed in total, however, the court has found that the prosecution has followed the wrong section in terms of the Criminal Procedure Act.
The matter was then struck off the roll that in effect will then give the prosecution a new opportunity or another opportunity for another appeal,” says Rheeder.
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