Pampoenkraal men acquitted for murder of Coka brothers in 2021

The seven men from Pampoenkraal, near Mkhondo in Mpumalanga, accused of murdering the Coka brothers, Zenzele and Amos, have been acquitted on all the charges against them. 

Farmer Werner Potgieter, his son Cornelius Greyling, Zenzele Patrick Yende, Daniel Malan, Othard Klingenberg, Ignatius Steynberg and Andries Pienaar were charged with murder, attempted murder, obstructing the course of justice and assault as well as transgressing the firearms act.

On Tuesday judge Bruce Langa, who earlier moved the trial from the Middelburg magistrate's court to Evander due to load-shedding interruptions, acquitted the men of all charges after a section 174 application was brought by them last week.

A justice source told TimesLIVE the acquittal resulted from the application launched last week by the accused.

"A 174 application means an accused person is entitled to a discharge if there is no evidence against him and, if this is refused him and he is later convicted as a consequence of evidence given by his co-accused, his appeal will succeed," the justice source told TimesLIVE.

Monica Nyuswa, National Prosecuting Authority (NPA) spokesperson for Mpumalanga, confirmed the acquittal to TimesLIVE. "All of them were acquitted. Judge Langa said the state case is weak. At this stage the NPA will study the judgment and see if there are prospects to appeal," Nyuswa said on Tuesday.

Amos and Zenzele Coka were killed on April 9 2021 during a tense standoff at the gate of the farm Pampoenkraal between farmers and seasonal workers on one side and members of the local community on the other.   

Mpumalanga Agriculture, which represents 600 commercial farmers in Mpumalanga,  welcomed the ruling on Tuesday. 

“The court case resulted from the death of two persons during a violent protest action on the farm Pampoenkraal on April 9 2021.  

“Mpumalanga Agriculture is convinced the truth has prevailed regarding the complaints against the seven accused,” Mpumalanga Agriculture’s executive manager Robert Davel said in a prepared statement released on Tuesday.

“The verdict confirms again the necessity of thorough investigation by the police before arrests and prosecutions take place. Rural communities depend to a large extent on effective private initiatives at ground level for safety and security.”

He encouraged farmers’ associations to put in place “within the legal framework, contingency plans for dealing with protest actions. Guidelines in this regard are already available to grassroot structures with the assistance of Agri SA’s [Rural Safety Centre of Excellence],” Davel said.  

“It is equally important that potential conflicts between landowners, farm dwellers and/or neighbouring communities are dealt with and resolved in a timely manner. Conflict that is ignored has the potential to escalate into a confrontation. It is advisable to make use of experts as mediators.” 

TimesLIVE

Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.