JUDGEMENT was reserved in the Bloemfontein high court yesterday in an appeal hearing by the four former University of the Free State students who humiliated five black workers.
The four known as the "Reitz Four", want the high court to reduce their sentence, legal counsel Kemp J Kemp told the court.
The four humiliated five black workers in an initiation-type ceremony in 2007, and filmed it, while living in the now-closed Reitz men's residence.
RC Malherbe, Johnny Roberts, Schalk van der Merwe and Danie Grobler pleaded guilty to a charge of crimen injuria in July last year and were each fined R20,000 or 12 months in jail.
They were also sentenced to a further six months imprisonment, suspended for five years on certain conditions.
These included that they not be convicted of crimen injuria or crimen defamation during the period, and that the Equality Court does not find that they had unfairly discriminated against anyone on grounds of race.
Kemp submitted that, in sentencing them, the lower court focused on aspects outside their guilty plea. He said the court was not entitled to look beyond the plea of guilty in considering sentence.
The four want the high court to drop the six months suspended sentence and reduce the fine to between R5,000 and R10,000 to bring it in line with comparable cases.
Legal counsel for the State Johan Kruger told the court that, considering the offence and all the relevant circumstances, there was no misdirection on the part of the trial court on the first part of the sentence of a fine and imprisonment on defaulting.
He submitted that if the court found against the state, the fines should not be reduced to below R15,000 each.
The State argued that the sentence was balanced and humane and blended with the right amount of mercy.
The appeal was heard by Judge MH Rampai and Judge MB Molemela.
Ex-students want fines reduced
JUDGEMENT was reserved in the Bloemfontein high court yesterday in an appeal hearing by the four former University of the Free State students who humiliated five black workers.
The four known as the "Reitz Four", want the high court to reduce their sentence, legal counsel Kemp J Kemp told the court.
The four humiliated five black workers in an initiation-type ceremony in 2007, and filmed it, while living in the now-closed Reitz men's residence.
RC Malherbe, Johnny Roberts, Schalk van der Merwe and Danie Grobler pleaded guilty to a charge of crimen injuria in July last year and were each fined R20,000 or 12 months in jail.
They were also sentenced to a further six months imprisonment, suspended for five years on certain conditions.
These included that they not be convicted of crimen injuria or crimen defamation during the period, and that the Equality Court does not find that they had unfairly discriminated against anyone on grounds of race.
Kemp submitted that, in sentencing them, the lower court focused on aspects outside their guilty plea. He said the court was not entitled to look beyond the plea of guilty in considering sentence.
The four want the high court to drop the six months suspended sentence and reduce the fine to between R5,000 and R10,000 to bring it in line with comparable cases.
Legal counsel for the State Johan Kruger told the court that, considering the offence and all the relevant circumstances, there was no misdirection on the part of the trial court on the first part of the sentence of a fine and imprisonment on defaulting.
He submitted that if the court found against the state, the fines should not be reduced to below R15,000 each.
The State argued that the sentence was balanced and humane and blended with the right amount of mercy.
The appeal was heard by Judge MH Rampai and Judge MB Molemela.
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending
Latest Videos