From: The Registrar, Supreme Court of Appeal

Date: Tuesday 15 November 2005

Status: Immediate

Ernst Botha, a young farmer in the Ventersdorp area appealed against his conviction with two others on a charge of murder in the Circuit Court sitting in Potchefstroom. He was sentenced to 18 years imprisonment. The case arises out of the death after a series of assaults on a young black employee of one Strydom, one of Botha’s three co-accused.

On behalf of Botha it was submitted that an irregularity had been committed which had the result that he was deprived of a fair trial.

According to Botha there was a written statement by Strydom to the effect that the deceased had been assaulted by Gert Coetzer, one of his co-accused in his (Botha’s) absence during a break in the assaults. This assault, so it was contended, could have caused the fatal head wound which led to the death of the deceased. A single advocate appeared for both Botha and Gert Coetzer who to the detriment of Botha and the advantage of Coetzer (so it was alleged) decided not to disclose the statement. The result was that the advocate failed in his duty towards Botha to use the statement in cross-examination in his (Botha’s) favour.

The Court found that Botha had known about this statement before the trial and had decided together with Coetzer to give false evidence about what had taken place and to keep quiet about Coetzer’s assault. He could not now claim that an irregularity had been committed. His appeal was accordingly dismissed.