The North Gauteng High Court in Pretoria has sentenced three farmers to life imprisonment for the premeditated murder of a farm resident in a case the court found to be racially motivated.
Jaco Wessels Kemp (36), Louise Coetzee (29), and Gert Frederik van der Westhuizen (38) were convicted for the murder of Dumisani Phakathi.
According to Gauteng regional spokesperson for the National Prosecuting Authority (NPA), Lumka Mahanjana, the court also declared the three unfit to possess firearms. They were ordered to hand over all firearms, ammunition, licences, authorisations and permits to the investigating officer.
Assault on Farm Property
The court heard that on 16 September 2023, the three accused were socialising at a braai on a chicken farm in Mamokgalieskraal.
“At about 4pm, they noticed Phakathi walking past the farm gate on his way to collect water from a nearby furrow, a water source commonly used by members of the local community,” Mahanjana said.
Evidence presented in court showed that the group approached Phakathi, assaulted him and dragged him into a storage facility on the farm, where the attack continued until he died from his injuries.
Body Found During Police Stop
In the early hours of 17 September 2023, police conducting a stop-and-search operation on the R511 near Brits stopped a bakkie driven by Kemp and Coetzee.
The vehicle was loaded with black refuse bags.
“During the search, officers noticed human legs protruding from beneath the bags. Upon closer inspection, they discovered the bloodied body of Phakathi, his head covered in plastic,” said Mahanjana.
Kemp and Coetzee were arrested at the scene, while van der Westhuizen handed himself over to police the following day.
Court Rejects Defence Plea
All three accused pleaded not guilty during the trial and attempted to blame one another for the killing.
However, State Prosecutor Advocate Lawrence More led witness testimony and evidence that enabled the State to prove its case beyond reasonable doubt.
During sentencing, the defence asked the court to deviate from the prescribed minimum sentence, arguing that the accused had already spent time in custody and had parental responsibilities.
The prosecution opposed the request, describing the murder as senseless, cruel and inhumane. The court also heard that the accused had placed Phakathi’s body in rubbish bags in an apparent attempt to dump it.
Judge Finds No Remorse
In sentencing, the judge agreed with the State’s argument that the accused showed no remorse.
The court further found that there was no apparent motive for the killing other than race.
Mahanjana said the judge concluded that the only reasonable inference was that the murder was racially motivated.
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