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COURT CHALLENGE: Jacobus Bogaards

Jacobus Bogaards, 52, was sentenced to five years imprisonment in 2007. His appeal in the Supreme Court of Appeals in 2008 to have his conviction and sentence set aside failed.

Bogaards was arrested with Elizabeth Bogaards, 54, on January 13 2007 for contravening sections 11 and 12 of the Terrorism Act, in that he harboured and concealed escaped trialists and failed to report them.

The case stems from the escape from lawful custody of Boeremag members Rudi Gouws and Herman van Rooyen.

The two men were arrested and charged with murder, sabotage and several counts of terrorism under the Internal Security Act.

Their trial subsequently came to be known as the "Boeremag trial".

Gouws and Van Rooyen escaped from custody on May 3 2006 while on trial at the Pretoria High Court.

Bogaards was initially charged in the Modimolle Regional Court.

He was also alternatively charged in terms of section 115 (e) of the Correctional Services Act.

He was convicted in respect of the main charge and was sentenced to five years imprisonment, two years of which were suspended.

The SCA set aside his conviction under the Terrorism Act. Instead, it convicted him on an alternative charge under section 115 (e), which criminalises the harbouring or concealment of escaped prisoners and imposed a five year prison sentence. Bogaards challenged his conviction in the Constitutional Court on the basis that prisoners can only be lawfully incarcerated in terms of a valid warrant of detention.

Since the escapees were held in terms of a court order and not a valid warrant, he argued that they were held unlawfully and could not be considered inmates as required by the Correctional Services Act. He contended that his conviction was therefore unlawful.

Bogaards argued that his sentence was improper in that the SCA imposed a higher sentence without identifying any factors justifying its imposition and furthermore that the SCA failed to notify him that his sentence may be increased.

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Sun May 19 00:02:29 SAST 2013 ::

May 3, 2012

Mrazane

Keep all haters behind bars. SA cannot move on because of all the bigotry, we do not need Boeremaag types roaming the farms, towns and cities of SA.
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May 3, 2012

somaartakeit

cheeky boermag imbecile, I wish there was death penalty so this vermin cld be sorted out once and for all.
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May 3, 2012

iPhone4

He didn't report them because he promoted the mu rder and t errorism they were arrested for? Anyway 5 years iphelile manje so a few days won't k ill
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May 3, 2012

Mafu'theNkukhu

It must be 5yrs plus extra for contradicting the ends of justice!!
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May 3, 2012

Sasafrican

So you all its ok for ANC fucks us up,releasing only their friends so they cant continue where they left off(anyway its vote for them),crime has no colour and i thought we were past that
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May 3, 2012

Zambuck

No white can expect justice in a black racist ANC ruled state, far less a white "Freedom fighter" , justice and humanity are only accorded to the regime's supporters and lackey's. South Africa is the criminal capital of the world, a world of ANC led corruption, crime and dis-order, it is no wonder that ordinary people want to change things for the better and driven to organisations that will bring true equality and justice to this poor suffering land.
More racist hatred appears in these columns from black contributors than I have read anywhere else in the world, there aren't enough prisons in the entire world to lock up all the black bigots in this country.

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May 3, 2012

Bhubesi

@Sasafrican
So you all its ok for ANC fucks us up,releasing only their friends so they cant continue where they left off(anyway its vote for them),crime has no colour and i thought we were past that
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Good point.
They are fixing amanyala with amanyala and the result is more of Amanyala.
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