on the case S V Johannes Velde Van Der Merwe and four others
17 August 2007
I confirm that on 17 August 2007 and at the Pretoria High Court, in
accordance with a Plea and Sentence Agreement in terms of Section 105A of Act
51 of 1977, Johannes Velde van der Merwe, Adriaan Johannes Vlok, Christoffel
Lodewikus Smith, Gert Jacobus Louis Hosea Otto and Hermanus Johannes van Staden
pleaded guilty to a charge of attempted murder, relating to an attempt to
poison Reverend Frank Chikane and that the accused were sentenced as
follows:
* Johannes Velde van der Merwe and Adriaan Johannes Vlok: ten years
imprisonment, wholly suspended for five years
* Christoffel Lodewikus Smith, Gert Jacobus Louis Hosea Otto and Hermanus
Johannes van Staden: five years imprisonment, wholly suspended for five
years
In arriving at the decision to prosecute the accused in this matter, I have
acted in accordance with both the Constitution and the law.
This case has been conducted in terms of the Prosecution Policy, as amended
and is in full compliance with Section 179(5) of our Constitution, which
empowers the National Director to determine prosecution policy with the
concurrence of the Cabinet member responsible for the administration of
justice, and after consulting the Directors of Public Prosecution. It is
important to note that each of the Truth and Reconciliation Commission (TRC)
cases before the National Prosecuting Authority (NPA) will be dealt with on its
own merits. The National Prosecuting Authority expresses its satisfaction with
the co-operation it has received from the victim/complainant, the accused and
the defence team in resolving this grave matter which is of national and
international significance.
In dealing with all of these cases, I will at all times be guided by the
Constitution and the law, in particular the preamble to the Constitution, "Heal
the divisions of the past and establish a society based on democratic values,
social justice and fundamental rights".
This case is a victory for the rule of law for the State, the National
Prosecuting Authority as well as the South African public at large and is in
line with the four pillars from which the National Prosecuting Authority
derives its strength, viz.:
* independence
* accountability
* integrity and
* transparency
For further details kindly contact:
Panyaza Lesufi, NPA Spokesperson
Cell: 084 3020159
Issued by: National Prosecuting Authority
17 August 2007
