The Pretoria High Court reserved judgement on Wednesday in the application by jailed Afrikaner Weerstandsbeweging leader Eugene Terre’Blanche to have his sentence converted to correctional supervision.
Transvaal Judge President Bernard Ngoepe reserved judgement after hearing lengthy legal argument. Terre’Blanche also asked the court to refer the matter back to the Potchefstroom magistrate who sentenced him in 1997 for attempted murder and assault.
The AWB leader’s counsel, Ben Stoop, argued that North West correctional services commissioner Lunga Tseane’s decision to reject Terre’Blanche’s initial application for conversion was irrational, arbitrary and not supported by the facts.
Tseane’s reasoned that Terre’Blanche displayed no remorse and was still a violent man who needed supervision. Stoop told the court the AWB leader had successfully completed an anger management course while his wife fed his victim, farm labourer Paul Motshabi.
Mtoshabi’s sister also worked for his wife which was proof of Terre’Blanche’s remorse, Stoop argued. Motshabi sustained permanent brain damage in the attack and can no longer work.
Henk de Wet, appearing for correctional services, argued the commissioner had an unfettered discretion and had to look at the facts when making a decision.
De Wet pointed out that Terre’Blanche only had one right and obligation, and that was to serve his sentence. Anything else was subject to a favourable discretion by prison authorities. If Terre’Blanche’s latest application fails, he will only be considered for parole in November 2003. – Sapa