Accused in racist attack case freed

CONCERNED: Mohamed Farhan Kazi and his brother Mohmed Nuaman Kazi outside the Krugersdorp Magistrate's Court. PHOTO: MABUTI KALI
CONCERNED: Mohamed Farhan Kazi and his brother Mohmed Nuaman Kazi outside the Krugersdorp Magistrate's Court. PHOTO: MABUTI KALI

CHARGES were yesterday withdrawn against one of the two men accused of beating a Muslim man to death and assaulting another.

Roedolf Viviers, 28, and Zayne van Tonder, 33, appearing in the Krugersdorp Magistrate's Court, allegedly insulted Muhammed Fayaaz Kazi, 27, and Anser Mahmood about their beards at a fast food outlet in Magaliesburg on August 6.

It is said an altercation ensued in which Mahmood and Kazi were assaulted and Kazi died in hospital from his injuries.

A relieved Van Tonder walked out of court a free man with his fiancee after the charge of assault against him was withdrawn.

A charge of attempted murder was added against Viviers, who was denied bail in August and is also charged with murder.

Magistrate Stanley Mkhari transferred the case to the Johannesburg High Court for trial, set to begin on January 28.

"We are not happy. Accused one (Viviers) is now facing attempted murder rather than assault," Yousha Tayob said on behalf of the Kazi and Mahmood families.

The late Kazi's father-in-law, Hasimbhay Motara, expressed sadness at the withdrawal of the charge.

"We feel the accomplice must also be taken to task for what they started as a group," he said.

- nkosin@sowetan.co.za

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