Former Rustenburg mayor Matthew Wolmarans and his mayoral bodyguard Enoch Matshaba were granted leave to appeal their conviction after poking holes in the evidence the state relied on to secure a conviction.
In a statement released by Cosatu North West secretary Solly Phetoe, the trade union said it had agreed, in consultation with former Rustenburg councillor Moss Phakoe's family, "to allow the justice [system] a space to prove its work".
However, Cosatu added that it "notes with dismay the sudden change of heart in the prosecution system of the country, but nonetheless believes that justice will be served in this case", said Phetoe.
Wolmarans and Matshaba were granted leave to appeal and were released on bail after one of the state's witnesses Emmanuel Masoka claimed that his testimony to court during the trial was a lie.
Wolmarans was sentenced to 20 years imprisonment and Matshaba was sentenced to life in jail.
When granting bail three weeks ago, Judge Ronnie Hendricks said: "This court cannot exclude the possibility that in the event further evidence is presented on appeal before the full bench of this division, this may well have a bearing on the outcome of the appeal. The recanting of this witness most definitely may have a different outcome of this case on appeal."
Unlike in previous court appearances during the trial, Cosatu said it "will not mobilise any of its members to picket or demonstrate at any court or issue a statement until the second trial is completed".
Toning down of attitude
This signals a toning down of attitude on the part of Cosatu, which spearheaded public campaigns for the two to be prosecuted and later convicted. After their conviction, Cosatu's head office released a statement that called the verdict "a victory for the tireless campaign by Moss's family and friends and the Cosatu North West Province to first convince the police to find out who was responsible for his death and then to bring those guilty to justice".
The federation then called for "the harshest possible sentence to be imposed on Wolmarans and Mtshaba for an act of cold-blooded murder committed in order to cover up acts of corruption".
Phakoe's murder was linked to a dossier he allegedly submitted to the late minister for co-operative governance and traditional affairs, Sicelo Shiceka, which apparently detailed alleged corruption in the Rustenburg municipality. He was shot dead outside his home in 2009.
Phetoe said should Wolmarans and Matshaba be found not guilty after the fresh hearing of evidence, "it will mean that the investigations must be reopened and the murderers of comrade Moss must be found".
The matter will be heard by a full bench of the North West High Court in Mmabatho on June 7.