Sentencing in the criminal trial of the Reitz Four has been set for Friday 9am in Bloemfontein Magistrate’s Court.
The four pleaded guilty to charges of crimen injuria on Tuesday. This followed their being charged after a video, protesting integration at the whites-dominated Reitz hostel at the University of the Free State, was circulated, which showed five black workers from the university performing mock initiation rituals including downing beer, dancing, athletics and rugby. However, the clip that drew attention was that in which the five workers were made to drink a mixture, while kneeling in front of buckets, that seemed to have been urinated on.
The Reitz Four denied urinating into the mixture.
On Wednesday afternoon, the state and defence presented sentencing arguments in front of chief magistrate Mziwonke Hinxa.
The defence was represented by Kemp J Kemp, famous for his role as President Jacob Zuma’s lawyer in both his rape trial and corruption trial. Kemp emphasised that the intention of the four accused, Roelf Malherbe, Johnny Roberts, Schalk van der Merwe and Dannie Grobler, was never to harm the complainants. However, he admitted that this was the consequence of their actions.
Kemp argued for a fine of R5 000 for each of the accused, after describing how the four have already suffered immense public scrutiny and crucifixion, and how it has affected their studies and future careers.
Kemp also added that the accused had already apologised — in court on Tuesday when they surprised many by pleading guilty to the charges of crimen injuria, and previously in the media and through a written letter to the university.
The state was represented by another legal heavyweight, Johan Kruger, best known for his role in the Waterkloof Four case. He had charged the accused with infringing on the dignity of the five complainants, Emmah Koko, Rebecca Adams, Mankoe Phororo, Sebuaseng Ntlatseng and David Molete.
Kruger argued for a fine of R15 000 as sentence for each of the accused, stating that this was an extraordinary case that should serve as an example to the rest of the country. “This is one of the cases where the whole crime was recorded,” he said. “The magistrate saw the whole offence on the video yesterday [Tuesday].”
Kruger also said he doubted very much if the accused would have done this to their mothers or aunts, or if they’d appreciate someone else treating members of their families in such a manner.
Kruger told the court that following the guilty plea of the accused, the complainants did not want the four to go to jail. “These children can’t go to jail. But they must be punished, they must be taught a lesson,” Kruger quoted the complainants as saying.
A civil case is expected to continue against the four sometime in the coming months.
Timeline
2007
September — Video is recorded
2008
February — Video is discovered and circulated
February — Then-vice-chancellor of the University of the Free State, Professor Frederick Fourie, condemns the video
February — South African Human Rights Commission investigates violations of human rights
February — Newspapers reveal what the Reitz Four look like
February — The university instructs its attorneys to formulate criminal charges against the four
March — The Free State provincial ANC accuses the UFS council of not wanting to transform the university
March — University lawyers inform the Reitz Four that they are compiling a charge sheet
June — University acting rector decides to close Reitz residence, requesting that residents leave by end of July
2009
March — Professor Jonathan Jansen is named the new UFS vice-chancellor
October — Professor Jonathan Jansen is inaugurated as vice-chancellor and announces that the university will drop its charges against the Reitz Four and invites them back to complete their degrees
October — Political reaction erupts, mostly against Jansen’s decision.
October — Students appear in the Bloemfontein Magistrate’s Court on charges of crimen injuria — case is postponed
2010
July — Students appear again before the magistrate’s court and plead guilty on charges of crimen injuria
July — Sentencing scheduled for Friday 30 July