From Assault to Murder: Three Farmers Get Life

PRETORIA — The High Court of South Africa in Pretoria has sentenced three farmers to life imprisonment each for the premeditated murder of a farm dweller, in a case that has drawn attention to violence in rural areas and the treatment of vulnerable workers.

Jaco Wessels Kemp (36), Louise Coetzee (29), and Gert Frederik van der Westhuizen (38) were convicted of murdering Dumisani Phakathi in September 2023.

Brutal assault at farm

According to evidence presented in court, the three accused were at a chicken farm in Mamokgalieskraal on 16 September 2023 when they saw Phakathi walking past the property.

Phakathi had reportedly been on his way to collect water from a nearby furrow used by members of the community.

The court heard that the trio approached him and assaulted him before dragging him into a storage facility on the farm, where the attack continued.

He later died from his injuries.

Body discovered during police stop

In the early hours of 17 September 2023, police stopped a bakkie on the R511 road towards Brits.

Kemp and Coetzee were inside the vehicle, which was carrying black refuse bags.

During a search, officers noticed human legs protruding from beneath the bags. The body of the deceased was found inside, with his head covered in plastic.

Both were arrested at the scene.

Van der Westhuizen handed himself over to police two days later after being linked to the crime.

Court rejects defence arguments

All three accused pleaded not guilty and attempted to shift blame onto one another during the trial.

However, the State, led by Advocate Lawrence More, presented evidence through witnesses that proved the case beyond reasonable doubt.

During sentencing, the accused asked the court to impose a lesser sentence, citing time already spent in custody and family responsibilities.

The State opposed this, arguing that the killing was senseless, cruel, and carried out without justification.

Judge finds no remorse

In delivering judgment, the court found that the accused had shown no remorse.

The judge concluded that the killing was premeditated and that there was no apparent reason for the attack.

The court further found that the circumstances of the case pointed to racial motivation.

All three were declared unfit to possess firearms and were ordered to surrender all firearms, licences, and ammunition.

NPA welcomes sentence

The National Prosecuting Authority (NPA) said it welcomed the outcome of the case.

The NPA stated that the sentence reinforces the justice system’s commitment to holding perpetrators accountable, particularly in cases involving violence against vulnerable individuals.

Wider concerns about rural violence

The case highlights ongoing concerns about safety and power dynamics in rural areas, particularly involving farm dwellers who may face limited access to services such as water and legal protection.

It also underscores the importance of accountability through the courts in addressing serious violent crimes.