A warrant of arrest was issued today for the man accused of murdering rightwing leader Eugene Terre'Blanche, after a judge found it was wrong to have granted him bail
Judge Julius Matojane of the High Court in Pretoria set aside 28-year-old Chris Mahlangu's bail, saying the magistrate had made "incomprehensive findings" in his awarding of bail.
"The magistrate was wrong to give such a decision... an application for condonation and the application for leave to appeal is granted.
"The bail application is set aside and a warrant of arrest must be issued immediately," said Matojane.
He said Mahlangu could be a flight risk, even though he had met his bail conditions.
The ruling brought a sigh of relief from Afrikaner Weerstandsbeweging (AWB) members in the courtroom, while an echo of "Die Stem" anthem could be heard outside.
Matojane said Mahlangu had given false information during his bail application and that magistrate Magaola Foso should have found this a mitigating factor in the granting of bail.
The magistrate had ignored testimony from a home affairs official, the judge said.
Although Mahlangu said he was originally from Bela-Bela in Limpopo, the home affairs official told the Ventersdorp Magistrate's Court during the bail application that Mahlangu's name was not on the population list.
A fingerprint expert backed this up, testifying that Mahlangu was Zimbabwean and had strong family ties in that country.
At the time, Mahlangu's counsel Pona Moroko denied that his client was a Zimbabwean who came into the country in 1997.
Judge Matojane said Mahlangu's attempt to drive off with Terre'Blanche's car after the murder, was questionable.
Mahlangu and the other accused in the murder, a minor who cannot be named, had allegedly tried to drive off in the car after allegedly hacking the AWB leader to death at his Ventersdorp farmhouse in April.
The judge found that the magistrate's ruling that there were exceptionable circumstance in the granting of bail, was wrong.
He pointed out that Mahlangu had not even testified at the bail hearing but only made a statement which did not give details of what he had done.
The State had appealed the granting of bail, arguing that the magistrate had "exercised his discretion wrongly".
Terre'Blanche sustained 24 injuries in total which included a fractured skull, ribs and a lacerated liver.
Bail revoked for Terre'Blanche suspect
A warrant of arrest was issued today for the man accused of murdering rightwing leader Eugene Terre'Blanche, after a judge found it was wrong to have granted him bail
Judge Julius Matojane of the High Court in Pretoria set aside 28-year-old Chris Mahlangu's bail, saying the magistrate had made "incomprehensive findings" in his awarding of bail.
"The magistrate was wrong to give such a decision... an application for condonation and the application for leave to appeal is granted.
"The bail application is set aside and a warrant of arrest must be issued immediately," said Matojane.
He said Mahlangu could be a flight risk, even though he had met his bail conditions.
The ruling brought a sigh of relief from Afrikaner Weerstandsbeweging (AWB) members in the courtroom, while an echo of "Die Stem" anthem could be heard outside.
Matojane said Mahlangu had given false information during his bail application and that magistrate Magaola Foso should have found this a mitigating factor in the granting of bail.
The magistrate had ignored testimony from a home affairs official, the judge said.
Although Mahlangu said he was originally from Bela-Bela in Limpopo, the home affairs official told the Ventersdorp Magistrate's Court during the bail application that Mahlangu's name was not on the population list.
A fingerprint expert backed this up, testifying that Mahlangu was Zimbabwean and had strong family ties in that country.
At the time, Mahlangu's counsel Pona Moroko denied that his client was a Zimbabwean who came into the country in 1997.
Judge Matojane said Mahlangu's attempt to drive off with Terre'Blanche's car after the murder, was questionable.
Mahlangu and the other accused in the murder, a minor who cannot be named, had allegedly tried to drive off in the car after allegedly hacking the AWB leader to death at his Ventersdorp farmhouse in April.
The judge found that the magistrate's ruling that there were exceptionable circumstance in the granting of bail, was wrong.
He pointed out that Mahlangu had not even testified at the bail hearing but only made a statement which did not give details of what he had done.
The State had appealed the granting of bail, arguing that the magistrate had "exercised his discretion wrongly".
Terre'Blanche sustained 24 injuries in total which included a fractured skull, ribs and a lacerated liver.
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