The SA Communist Party (SACP) on Thursday criticised the R36 000 fine imposed on a Mpumalanga farmer convicted of killing an employee and has called on the Justice Department and the National Directorate of Public Prosecutions to appeal the decision.
Gerrit Martiz was found guilty of culpable homicide by the Nelspruit Circuit Court on Wednesday and sentenced to two years in jail or a R36 000 fine after he dragged Mozambican farmworker Jotham Mandlazi next to his vehicle and then drove over him.
A statement from the SACP called the sentence: ”A pat on the back of degrading and inhuman exploitation that hundreds of thousands of farm workers in our country continue to live under.
”By making this decision, Judge (Johan) Els has condoned this exploitation and given a licence to many more farmers to continue with their practices knowing that if they are charged the courts will judge in their favour and deny justice to victims of violence and exploitation.
”The decision by Judge Els also shows that those who are rich can get good lawyers and even pay their way out of jail sentences,” the statement released by SACP spokesperson Mazibuko Jara said.
He said that an example must be made of Maritz to highlight and fight the conditions under which farmworkers live and work.
”The Communist Party calls on the poor and working people of Nelspruit and all of Mpumalanga to mobilise their mass power to ensure that Jotham Mandlazi gets the justice he is denied even in his death.”
The court heard that Maritz was drunk when had gone to confront Mandlazi who had not arrived for work, reportedly because he too had been drinking. Mandlazi had asked for a cigarette and when he stepped forward to take it, Maritz grabbed him and drove his vehicle for about 70m. Mandlazi fell under the wheels and died.
Maritz had initially pleaded not guilty to murder and obstruction of justice, but changed his plea on Tuesday to guilty on a reduced charge of culpable homicide.
Els told the court on Wednesday that Maritz had not intended to kill Mandlazi because he immediately made a U-turn to see what had happened.
He was also satisfied that the killing was not racially-motivated following testimony from a worker. It was originally alleged that Maritz had only reported the incident 17 hours later and that he tried to sneak Mandlazi’s body into a local mortuary in an alleged attempt to cover up the crime.
The charge of obstruction of justice was withdrawn. – Sapa