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Andre Pienaar appears at the Senekal Magistrates Court.
- Andre Pienaar was charged with attempted murder and public violence after the riots in Senekal.
- Pienaar was denied bail by Senekal Magistrates Court on Tuesday.
- An appeal has been filed with the Superior Court of the Free State, arguing that the magistrates court was wrong to reject the bail.
Andre Pienaar, who was arrested after the riots in Senekal Magistrates Court, has turned to the Free State High Court to appeal his denial of bail.
He maintains that the lower court was wrong to make pronouncements on his guilt.
Pienaar, a local Senekal resident in the eastern Free State, was denied bail Tuesday by Senekal Magistrates Court.
Pienaar was arrested shortly after the chaos that ensued in court on October 6 following the first appearance of Sekwetje Mahlamba and Sekola Matlaletsa, accused of brutally murdering 21-year-old farm manager Brendin Horner.
READ | Andre Pienaar, a protester who allegedly incited the assault on the Senekal court was denied bail
During the uproar, court property was damaged, a police vehicle overturned and allegedly set itself on fire, and a small group of protesters also stormed court buildings in an attempt to reach the Horner murder defendant.
The 51-year-old man was charged with incitement to violence, public violence and attempted murder.
By rejecting bail, Magistrate Buti Mlangeni found that Pienaar’s release:
- Endanger the administration of justice;
- Undermine public peace and security;
- That Pienaar would interfere with witnesses; Y
- That his release would cause public outrage and shock, and undermine public confidence in the criminal justice system.
The magistrate also said that Pienaar’s actions while in custody, speaking with witnesses, showed that he would interfere with witnesses if he were released on bail.
“This was a deliberate attempt to jeopardize a criminal investigation,” Mlangeni said.
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Mlangeni further claimed that Pienaar attacked the community and assaulted a policewoman as she tried to enter the court buildings.
“Was [Pienaar’s] vicious assault on the police officer who led [to] a group of approximately 120 people, mostly men, entered the premises and the court building and thus damaged state property, “Mlangeni said.
Mlangeni added:
“The assault by a police officer in full uniform shows that the plaintiff does not hesitate to use violence against anyone who stands in his way.”
In the appeal brief filed in the Free State High Court in Bloemfontein, Pienaar’s legal team argued that Mlangeni had already been wrong in ruling on Pienaar’s guilt in connection with the police officer’s assault.
READ | Senekal chaos: man accused of inciting riots has prior conviction, court hears
“In doing so, the court erred in attributing substantial weight to its conclusion that it is a case of gender-based violence,” the court documents read.
The notice read:
“In doing so, the court ignored the constitutional imperative that the appellant (Pienaar) must be considered innocent until proven guilty.”
The notice further argued that the court did not uphold the principle that the bond does not determine the guilt or innocence of the appellant.
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The notice further states that the court wrongly decided that Pienaar would interfere with witnesses because he noted possible witnesses who may exonerate him.
It was further stated that the court sanctioned Pienaar for having an underlying medical condition – being bipolar – considering that, due to the condition, he could commit more crimes.
The criminal case against Pienaar was postponed until November 20.
