Chris Mahlangu, the co-accused for the murder of Afrikaner Weerstandsbeweging(AWB) leader Eugene Terre’Blanche, was re-arrested on Thursday afternoon following a court order revoking his bail.
Mahlangu was at the Mabopane police station, and would be taken to Hartbeesfontein correctional facility, said National Prosecuting Authority (NPA) spokesperson Mthunzi Mhaga.
Earlier, Judge Julius Matojane of the High Court in Pretoria set aside 28-year-old Mahlangu’s bail, saying the magistrate in Ventersdorp had made “incomprehensive findings” in his awarding of bail.
“The bail application is set aside and a warrant of arrest must be issued immediately,” said Matojane.
In his ruling, Judge Matojane said Mahlangu could be a flight risk, even though he had met his bail conditions.
The verdict brought a sigh of relief from AWB members clad in their khaki uniforms in the court room.
Matojane said Mahlangu had given false information during his bail application and that magistrate Magaola Foso should have found this a mitigating factor in the granting of bail.
Although Mahlangu said he was originally from Bela-Bela in Limpopo, a home affairs official told the Ventersdorp Magistrate’s Court during the bail application that Mahlangu’s name was not on the South African population register.
A fingerprint expert backed this up, testifying that Mahlangu was Zimbabwean and had strong family ties in that country, although his defence counsel Pona Moroko denied this.
Judge Matojane found that the magistrate’s ruling that there were exceptional circumstances to grant bail was wrong, as there was nothing unusual or out of the ordinary about the accused contacting police after the crime.
He also said Mahlangu’s attempt to drive off with Terre’Blanche’s car after the murder, was questionable.
Mahlangu and the other accused in the murder, a minor who cannot be named, had apparently tried to drive off in the car after allegedly hacking the AWB leader to death at his Ventersdorp farmhouse in April.
Terre’Blanche sustained 24 injuries in total which included a fractured skull, ribs and a lacerated liver.
The State had appealed the granting of bail, arguing that the magistrate had “exercised his discretion wrongly”.
Mhaga welcomed the ruling, saying the NPA’s main concern had been that the magistrate had ignored valid grounds placed before him which would have caused him to refuse bail.
“This is a well reasoned judgment to show that he misdirected himself,” said Mhaga.
Although the judge had trashed an argument that the accused had acted in self-defence, Mahlangu’s council said they would still base their defence on that.
However, Moroko would not be drawn on whether he thought they would be successful in the trial which starts on November 22.
Terre’Blanche’s widow Martie, who was at the proceedings on Wednesday and Thursday, was whisked away in a car after the ruling. Some AWB members remained behind and sang Die Stem, while motorists and pedestrians watched — some taking pictures.
Terre’Blanche’s family attorney Gerrie Basson said the family and AWB members were satisfied with the verdict, which was a remedy to the “injustice” that took place in Ventersdorp.
The NPA had previously indicated that the matter might be heard in camera because of the younger accused, meaning that media access would be restricted.
However, Mhaga said they would make an informed decision at a later stage after reviewing notices served by legal representatives of Terre’Blanche’s family and media houses.
Basson said it was “very suspicious” to have a case with such public interest heard in camera.
“We want to know what he did and want the public to know what he did. If he was old enough to murder, he is old enough to stand trial in an open court. We have confidence that the truth will come out,” he said.
During the bail hearing, the court heard statements which were still to be tested, that the AWB leader was murdered after a drinking binge and an argument over wages and missing cattle.
The Freedom Front Plus called for magistrate Foso’s removal, saying he took the decision on bail without the necessary proof.
“The fact that Mahlangu is a Zimbabwean citizen made him a flight risk from the start. That the magistrate had not taken this into account raised many questions about the magistrate’s professionalism and impartiality,” said spokesperson on police Pieter Groenewald in a statement.
“This proves that the magistrate is incompetent and has to be replaced.”
However, the South African Communist Party criticised the High Court decision, saying it was not informed by justice but by fear of intimidation by the extreme right-wing AWB.
“We regard the decision as a clear position that our country remains in the hands of apartheid judges and their prosecutorial colleagues in the NPA,” it said.
“The warrant of arrest for Chris Mahlangu demonstrates the prosecutorial intransigence that has nothing to do in terms of respecting the rights of others especially black workers and the working class.” –Sapa