Pig farm murder accused remain in custody pending appeal to access farmer’s statement

The bail application of three men accused of killing Maria Makgato and Lucia Ndlovu and allegedly throwing their bodies into a pigsty has been delayed.

The case set down for bail application on Wednesday at the Polokwane regional court was postponed for further investigations and sent back to the Mankweng regional court.

Farmer Zachariah Olivier, 60, and his employees Rudolph de Wet and William Musora were scheduled to apply for bail at the Polokwane regional court. They are charged with two counts of murder, attempted murder, defeating the ends of justice and illegal possession of firearms and ammunition.

Musora is also facing a charge of contravention of the Immigration Act.

The state argued it was ready for the bail applications, but Olivier's lawyer Andries Rheeder argued the prosecution was delaying the process.

“We are held at bay pending finalisation of the appeal,” he told the court.

Previously the Mankweng regional court ruled Olivier's lawyer should be granted access to a statement he made to the police without his lawyer while in custody. At the time he indicated he wouldn't apply for bail until he received the statement. The state has since appealed the decision at the Polokwane high court.

The outcome of the appeal will determine whether Olivier will get the statement for the purpose of the bail application.

Rheeder told the court granting access to the statement directly influences the bail application, which needs to be addressed before the bail application is brought forward.

An attorney for De Wet and Musora, Muhammad Farouk, told the court it would be reckless to apply for bail for his clients at this stage because in the charge sheet, all three are charged under common purpose. He told the court they would have proceeded but the fact that they are charged under common purpose would have a detrimental effect.

All three men initially opposed the media application to film and broadcast the proceedings, citing presumptions of guilt and facing death threats in custody.

After deputy director of public prosecutions advocate Lethabo Mashiane, representing the state, successfully argued broadcasting was in the public's interest, magistrate Ntilane Felleng allowed the media to broadcast proceedings.

She referred the matter back to Mankweng regional court pending the appeal outcome and for further investigations.

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